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Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
6,221–6,240 · Page 312 of 382
Supreme Court of India18 May 2012Full text
2012 INSC 240 · [2012] 6 S.C.R. 1
s.376(1 ), proviso - Sentence less than the minimum - For "adeqµate and special reasons" - Held: The statutory requirement for awarding the punishment less than seven G years is to record adequate and special reasons in writing -In a case like the instant one, in order to impose the punishment lesser than that prescrib…
Supreme Court of India13 Jan 2012Full text
2012 INSC 24 · [2012] 1 S.C.R. 230
Indian case law by case name, citation, provision or legal issue, with the case summary, the judgment text where we hold it and the provisions it applies.
6,221–6,240 · Page 312 of 382
Supreme Court of India18 May 2012Full text
2012 INSC 240 · [2012] 6 S.C.R. 1
s.376(1 ), proviso - Sentence less than the minimum - For "adeqµate and special reasons" - Held: The statutory requirement for awarding the punishment less than seven G years is to record adequate and special reasons in writing -In a case like the instant one, in order to impose the punishment lesser than that prescrib…
Supreme Court of India13 Jan 2012Full text
2012 INSC 24 · [2012] 1 S.C.R. 230
H 232 SUPREME COURT REPORTS [2012] 1 S.C.R. A The question which arose for consideration in these appeals was whether grant of incentives only to the in-service employees of the FCI, who acquired professional qualifications after entering in service and denial of the same to those who had acquired the same professional…
Supreme Court of India17 May 2012Full text
2012 INSC 239 · [2012] 5 S.C.R. 1173
C) Arms Act - Held: In the instant case, resorting to the provisions of N. S. Act was not permissible, since the detenu had not moved any bail application and no other co-accused, if any, had been enlarged on bail - Factors to be taken into 0 consideration while passing an order of detention in respect . .of a person w…
Supreme Court of India17 May 2012Full text
2012 INSC 238 · [2012] 5 S.C.R. 1154
AMAR PAL SINGH v. STATE OF U.P. AND ANR. 1155 perception of the whole scenario - Perceptions of fact and A application of law may be erroneous but that never warrants such kind of observations and directions - Regard being had to the aforesaid, the remarks and the direction against the appellant are expunged - If the s…
Supreme Court of India15 May 2012Full text
2012 INSC 237 · [2012] 5 S.C.R. 1129
[2012) 5 S.C.R. 1129 THOTIMANOHAR A v. STATE OF ANDHRA PRADESH (Criminal Appeal No. 1739 of 2007) MAY 15, 2012 B [DR. B. 5. CHAUHAN AND DIPAK MISRA, JJ.] PENAL CODE, 1860: ss. 302, 302134, 324, 326 and 452 - Murder - Common c intention - Two brothers and their cousin convicted by trial court - Cousin acquitted by High …
Supreme Court of India11 May 2012Full text
2012 INSC 236 · [2012] 5 S.C.R. 994
Article 226 - Judicial review - Of an order of punishment passed in departmental proceedings - Scope of - Held: Scope F of judicial review in such matters is very limited - Interference with such matters is permitted only when the proceedings are in violation of principles of natural justice or in violation of statutor…
Supreme Court of India11 May 2012Full text
2012 INSC 235 · [2012] 5 S.C.R. 952
Evidence Act, 1872: s. 106 - Burden of proving fact specially within knowledge - Accused taking plea of alibi - Held: Burden to establish the G plea is on the accused since it was within his special knowledge. ss. 25 and 8 - Admission of facts and confession by accused before police officials - Admissibility of - Held:…
Supreme Court of India11 May 2012Full text
2012 INSC 234 · [2012] 6 S.C.R. 661
[2012] 6 S.C.R. 661 STATE OF M.P. A v. RAKESH KOHLI & ANR. (Civil Appeal No. 684 of 2004) MAY 11, 2012 B [R.M. LODHA AND H.L. GOKHALE, JJ.] Stamp Act, 1899 - Article 45(d) of Schedule 1-A [as introduced by Stamp (Madhya Pradesh Amendment) Act, 2002] - Constitutional validity of - Test of classification - Power C of Att…
Supreme Court of India11 May 2012Full text
2012 INSC 233 · [2012] 5 S.C.R. 1108
UNION TERRITORY OF LAKSHADWEEP & ORS. v. 1109 SEASHELLS BEACH RESORT & ORS. regard to permissions granted to resort owners/home stays to A operate on the islands also to be examined by the Committee - Committee to submit preliminary report about the steps taken by it - Matter be posted for orders before the Court after…
Supreme Court of India11 May 2012Full text
2012 INSC 232 · [2012] 5 S.C.R. 1055
11.5 (xv) and Clause 34 of the Post Office Guide read with s. 12 of the Act to recover the amount specified under the demand notice. G In the instant appeals filed by the company the question for consideration before the Court was: "whether the respondents have the authority and power under the Indian Post Office Act, …
Supreme Court of India11 May 2012Full text
2012 INSC 231 · [2012] 5 S.C.R. 1029
1030 SUPREME COURT REPORTS [2012] 5 S.C.R. A pertained to commission of illegal acts in fiscal sphere to gain pecuniary advantage - The primary obligation of a member of Armed Forces is to maintain discipline in all aspects -Discipline in fiscal matters has to be given top priority as that mirrors the image of any inst…
Supreme Court of India11 May 2012Full text
2012 INSC 230 · [2012] 5 S.C.R. 1074
s. 173(8), 202 and 210 - Held: Further investigation by the investigating agency, after presentation of c;i cha/Ian (charge sheet in terms of s. 173) is permissible in any case impliedly H 1074 SAMAJ PARIVARTAN SAMU DAYA v. STATE OF 1075 KARNATAKA &ORS. but in no event is impermissible - Even assuming that the A illega…
Supreme Court of India13 Jan 2012Full text
2012 INSC 23 · [2012] 1 S.C.R. 209
Allowing the appeals, the Court HELD: 1.1. Rule 57A of the Central Excise Rules, 1944 entitles a manufacturer to take credit of the Central F Excise duty paid on the inputs used in or in relation to the manufacture of the final product, provided that the input and the finished product are excisable goods and fall under…
Supreme Court of India11 May 2012Full text
2012 INSC 229 · [2012] 5 S.C.R. 1014
MAHARASHTRA STATE BOARD OF WAKFS v. 1015 SHAIKH YUSUF BHAI CHAWLA stood repealed, it cannot also be said that the same would A be applicable to Wakf properties which were not in the nature of public charities - There is a vast difference between Muslim Wakfs and Trusts created by Muslims which was overlooked by High Co…
Supreme Court of India10 May 2012Full text
2012 INSC 228 · [2012] 5 S.C.R. 942
147, 148, 324, 307, 341 rlw s. 149 ands. 302 rlw s. 149 IPC for having caused death of one person. Prosecution case F was that the accused and the complainant party formed two factions in the village and were having strained relationship and enmity. In order to avenge the attack on the life of son of A-3, the accused a…
Supreme Court of India10 May 2012Full text
2012 INSC 227 · [2012] 5 S.C.R. 930
[20121 5 S.C.R. 930 A SALIM GULAB PATHAN v. STATE OF MAHARASHTRA THROUGH SHO (Criminal Appeal No. 1882 of 2010) MAY 10, 2012 B [SWATANTER KUMAR AND RANJAN GOGOi, JJ.] Penal Code, 1860 - s. 302 - Murder of wife - By setting her on fire - Statement of deceased implicating the accused C - Before three witnesses PWs 1, 3 a…
Supreme Court of India10 May 2012Full text
2012 INSC 226 · [2012] 5 S.C.R. 919
2.1. The material facts relevant to the determination C of the question of expediency are not in dispute. The charge-sheet enlists 92 witnesses, 88 out of whom are from outside Delhi and from different places in Maharashtra. Petitioner No.1 is a Chartered Accountant practising in Thane, while petitioner No.2, the only …
Supreme Court of India10 May 2012Full text
2012 INSC 225 · [2012] 5 S.C.R. 895
[2012] 5 S.C.R. 895 RAJESH BHATNAGAR A v. STATE OF UTTARAKHAND (Criminal Appeal No. 851 of 2010) MAY 10, 2012 B [SWATANTER KUMAR AND RANJAN GOGOi, JJ.) Penal Code, 1860 - s. 304-B - Dowry death - Prosecution case that husband, brother-in-law and mother-in-law of a woman burnt her to death after pouring kerosene on her,…
Supreme Court of India10 May 2012Full text
2012 INSC 224 · [2012] 4 S.C.R. 574
T. Anamika for the Appellants. Mohan Parasaran, ASG, Indra Sawhney, D.L. Chidanand, E Sushma Suri, C. Mukund, Pankaj Jain, P.V. Sarvana Raja, Bijoy Kumar Jain, Ram Swarup Sharma, AP Roi, K. Maruthi Rao, K. Radha, Anjani Aiyagari, Priya Hingorani, Dr. Aman Hingorani, Hingorani & Associates, D. Mahesh Babu, Savita Devi, …
Supreme Court of India10 May 2012Full text
2012 INSC 223 · [2012] 4 S.C.R. 560
I) - The act of the accused is more appropriately punishable E uls 304 (Part-I) instead of s. 302 as invoked by the courts below - Conviction u/s 302 set aside - Instead accused convicted u/s 304 (Part-I) and sentenced to 8 years RI -Evidence - Minor discrepancies in evidence and recording FIR - Effect of F The appella…
Also on Law on Tips: Bare Acts · Legal news and analysis
H 232 SUPREME COURT REPORTS [2012] 1 S.C.R. A The question which arose for consideration in these appeals was whether grant of incentives only to the in-service employees of the FCI, who acquired professional qualifications after entering in service and denial of the same to those who had acquired the same professional…
Supreme Court of India17 May 2012Full text
2012 INSC 239 · [2012] 5 S.C.R. 1173
C) Arms Act - Held: In the instant case, resorting to the provisions of N. S. Act was not permissible, since the detenu had not moved any bail application and no other co-accused, if any, had been enlarged on bail - Factors to be taken into 0 consideration while passing an order of detention in respect . .of a person w…
Supreme Court of India17 May 2012Full text
2012 INSC 238 · [2012] 5 S.C.R. 1154
AMAR PAL SINGH v. STATE OF U.P. AND ANR. 1155 perception of the whole scenario - Perceptions of fact and A application of law may be erroneous but that never warrants such kind of observations and directions - Regard being had to the aforesaid, the remarks and the direction against the appellant are expunged - If the s…
Supreme Court of India15 May 2012Full text
2012 INSC 237 · [2012] 5 S.C.R. 1129
[2012) 5 S.C.R. 1129 THOTIMANOHAR A v. STATE OF ANDHRA PRADESH (Criminal Appeal No. 1739 of 2007) MAY 15, 2012 B [DR. B. 5. CHAUHAN AND DIPAK MISRA, JJ.] PENAL CODE, 1860: ss. 302, 302134, 324, 326 and 452 - Murder - Common c intention - Two brothers and their cousin convicted by trial court - Cousin acquitted by High …
Supreme Court of India11 May 2012Full text
2012 INSC 236 · [2012] 5 S.C.R. 994
Article 226 - Judicial review - Of an order of punishment passed in departmental proceedings - Scope of - Held: Scope F of judicial review in such matters is very limited - Interference with such matters is permitted only when the proceedings are in violation of principles of natural justice or in violation of statutor…
Supreme Court of India11 May 2012Full text
2012 INSC 235 · [2012] 5 S.C.R. 952
Evidence Act, 1872: s. 106 - Burden of proving fact specially within knowledge - Accused taking plea of alibi - Held: Burden to establish the G plea is on the accused since it was within his special knowledge. ss. 25 and 8 - Admission of facts and confession by accused before police officials - Admissibility of - Held:…
Supreme Court of India11 May 2012Full text
2012 INSC 234 · [2012] 6 S.C.R. 661
[2012] 6 S.C.R. 661 STATE OF M.P. A v. RAKESH KOHLI & ANR. (Civil Appeal No. 684 of 2004) MAY 11, 2012 B [R.M. LODHA AND H.L. GOKHALE, JJ.] Stamp Act, 1899 - Article 45(d) of Schedule 1-A [as introduced by Stamp (Madhya Pradesh Amendment) Act, 2002] - Constitutional validity of - Test of classification - Power C of Att…
Supreme Court of India11 May 2012Full text
2012 INSC 233 · [2012] 5 S.C.R. 1108
UNION TERRITORY OF LAKSHADWEEP & ORS. v. 1109 SEASHELLS BEACH RESORT & ORS. regard to permissions granted to resort owners/home stays to A operate on the islands also to be examined by the Committee - Committee to submit preliminary report about the steps taken by it - Matter be posted for orders before the Court after…
Supreme Court of India11 May 2012Full text
2012 INSC 232 · [2012] 5 S.C.R. 1055
11.5 (xv) and Clause 34 of the Post Office Guide read with s. 12 of the Act to recover the amount specified under the demand notice. G In the instant appeals filed by the company the question for consideration before the Court was: "whether the respondents have the authority and power under the Indian Post Office Act, …
Supreme Court of India11 May 2012Full text
2012 INSC 231 · [2012] 5 S.C.R. 1029
1030 SUPREME COURT REPORTS [2012] 5 S.C.R. A pertained to commission of illegal acts in fiscal sphere to gain pecuniary advantage - The primary obligation of a member of Armed Forces is to maintain discipline in all aspects -Discipline in fiscal matters has to be given top priority as that mirrors the image of any inst…
Supreme Court of India11 May 2012Full text
2012 INSC 230 · [2012] 5 S.C.R. 1074
s. 173(8), 202 and 210 - Held: Further investigation by the investigating agency, after presentation of c;i cha/Ian (charge sheet in terms of s. 173) is permissible in any case impliedly H 1074 SAMAJ PARIVARTAN SAMU DAYA v. STATE OF 1075 KARNATAKA &ORS. but in no event is impermissible - Even assuming that the A illega…
Supreme Court of India13 Jan 2012Full text
2012 INSC 23 · [2012] 1 S.C.R. 209
Allowing the appeals, the Court HELD: 1.1. Rule 57A of the Central Excise Rules, 1944 entitles a manufacturer to take credit of the Central F Excise duty paid on the inputs used in or in relation to the manufacture of the final product, provided that the input and the finished product are excisable goods and fall under…
Supreme Court of India11 May 2012Full text
2012 INSC 229 · [2012] 5 S.C.R. 1014
MAHARASHTRA STATE BOARD OF WAKFS v. 1015 SHAIKH YUSUF BHAI CHAWLA stood repealed, it cannot also be said that the same would A be applicable to Wakf properties which were not in the nature of public charities - There is a vast difference between Muslim Wakfs and Trusts created by Muslims which was overlooked by High Co…
Supreme Court of India10 May 2012Full text
2012 INSC 228 · [2012] 5 S.C.R. 942
147, 148, 324, 307, 341 rlw s. 149 ands. 302 rlw s. 149 IPC for having caused death of one person. Prosecution case F was that the accused and the complainant party formed two factions in the village and were having strained relationship and enmity. In order to avenge the attack on the life of son of A-3, the accused a…
Supreme Court of India10 May 2012Full text
2012 INSC 227 · [2012] 5 S.C.R. 930
[20121 5 S.C.R. 930 A SALIM GULAB PATHAN v. STATE OF MAHARASHTRA THROUGH SHO (Criminal Appeal No. 1882 of 2010) MAY 10, 2012 B [SWATANTER KUMAR AND RANJAN GOGOi, JJ.] Penal Code, 1860 - s. 302 - Murder of wife - By setting her on fire - Statement of deceased implicating the accused C - Before three witnesses PWs 1, 3 a…
Supreme Court of India10 May 2012Full text
2012 INSC 226 · [2012] 5 S.C.R. 919
2.1. The material facts relevant to the determination C of the question of expediency are not in dispute. The charge-sheet enlists 92 witnesses, 88 out of whom are from outside Delhi and from different places in Maharashtra. Petitioner No.1 is a Chartered Accountant practising in Thane, while petitioner No.2, the only …
Supreme Court of India10 May 2012Full text
2012 INSC 225 · [2012] 5 S.C.R. 895
[2012] 5 S.C.R. 895 RAJESH BHATNAGAR A v. STATE OF UTTARAKHAND (Criminal Appeal No. 851 of 2010) MAY 10, 2012 B [SWATANTER KUMAR AND RANJAN GOGOi, JJ.) Penal Code, 1860 - s. 304-B - Dowry death - Prosecution case that husband, brother-in-law and mother-in-law of a woman burnt her to death after pouring kerosene on her,…
Supreme Court of India10 May 2012Full text
2012 INSC 224 · [2012] 4 S.C.R. 574
T. Anamika for the Appellants. Mohan Parasaran, ASG, Indra Sawhney, D.L. Chidanand, E Sushma Suri, C. Mukund, Pankaj Jain, P.V. Sarvana Raja, Bijoy Kumar Jain, Ram Swarup Sharma, AP Roi, K. Maruthi Rao, K. Radha, Anjani Aiyagari, Priya Hingorani, Dr. Aman Hingorani, Hingorani & Associates, D. Mahesh Babu, Savita Devi, …
Supreme Court of India10 May 2012Full text
2012 INSC 223 · [2012] 4 S.C.R. 560
I) - The act of the accused is more appropriately punishable E uls 304 (Part-I) instead of s. 302 as invoked by the courts below - Conviction u/s 302 set aside - Instead accused convicted u/s 304 (Part-I) and sentenced to 8 years RI -Evidence - Minor discrepancies in evidence and recording FIR - Effect of F The appella…
Also on Law on Tips: Bare Acts · Legal news and analysis