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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.
6,241–6,260 · Page 313 of 382
Supreme Court of India10 May 2012Full text
2012 INSC 222 · [2012] 4 S.C.R. 529
(2012] 4 S.C.R. 529 ATMARAM & ORS. A V. STATE OF MADHYA PRADESH (Criminal Appeal No. 2003 of 2008) MAY 10, 2012 B [SWATANTER KUMAR AND RANJAN GOGOi, JJ.] PENAL CODE, 1860: ss. 302, 3021149, 307 and 3071149 - Five accused c attacking two brothers and their sister with various weapons -One of the brothers died - Convicti…
Supreme Court of India10 May 2012Full text
2012 INSC 221 · [2012] 4 S.C.R. 521
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.
6,241–6,260 · Page 313 of 382
Supreme Court of India10 May 2012Full text
2012 INSC 222 · [2012] 4 S.C.R. 529
(2012] 4 S.C.R. 529 ATMARAM & ORS. A V. STATE OF MADHYA PRADESH (Criminal Appeal No. 2003 of 2008) MAY 10, 2012 B [SWATANTER KUMAR AND RANJAN GOGOi, JJ.] PENAL CODE, 1860: ss. 302, 3021149, 307 and 3071149 - Five accused c attacking two brothers and their sister with various weapons -One of the brothers died - Convicti…
Supreme Court of India10 May 2012Full text
2012 INSC 221 · [2012] 4 S.C.R. 521
[2012] 4 S.C.R. 521 COMMON CAUSE A v. UNION OF INDIA AND ORS. (Writ Petition (C) No. 35 of 2012) MAY 10, 2012 B [DR. B.S. CHAUHAN AND JAGDISH SINGH KHEHAR, JJ.] Protection of Human Rights Act, 1993: s.5(2) -Procedure for removal of a Chairperson/Member of the C Commission - Held: If a decision is to be taken to hold an…
Supreme Court of India10 May 2012Full text
2012 INSC 220 · [2012] 4 S.C.R. 553
ORDER D SWATANTER KUMAR, J. 1. The petitioners, who claim to be public spirited individuals possessing requisite expertise and with the access to information, stated that a grave and hazardous situation, raising bio safety concerns, is developing E in our country due to release of Genetically Modified Organisms (for sh…
Supreme Court of India13 Jan 2012Full text
2012 INSC 22 · [2012] 2 S.C.R. 1035
1036 SUPREME COURT REPORTS [2012] 2 S.C.R. A would classified under CSH 27132000 pertaining to tariff for petroleum bitumen - Central Excise Tariff Act, 1l185 -Chapter Sub-heading 27132000 and 27150090. Excise Laws - Manufacture - Test to determine -Held:"Manufacture". can be said to have taken place only when 8 there …
Supreme Court of India9 May 2012Full text
2012 INSC 219 · [2012] 4 S.C.R. 513
Appellants-the beneficiaries of different trusts filed Trust Original Petition. On objection by the opposite party, the Trust Original Petition was rejected on the ground interalia that the Trust Original Petition was barred uls. 9 CPC as the relief sought, could have been agitated only F by means of a suit. High Court…
Supreme Court of India8 May 2012Full text
2012 INSC 218 · [2012] 5 S.C.R. 743
BSNL & Ors. v. Subash Chandra Kanchan & Anr. (2006) B 8 SCC 279: 2006 (6) Suppl. SCR 93; State of Punjab v. Amar Singh Harika AIR 1966 SC 1313 - relied on. Administrative law: Administrative order -Communication of an order - Held: An order passed by an authority cannot be :said to take effect unless the C same is comm…
Supreme Court of India8 May 2012Full text
2012 INSC 217 · [2012] 4 S.C.R. 397
[2q12] 4 S.C.R. 397 AL JAZEERA STEEL PRODUCTS COMPANY SAOG A v. MID INDIA POWER & STEEL LTD. (Arbitration Petition No. 6 of 2009) MAY 08, 2012 B [SURINDER SINGH NIJJAR, J.) Arbitration and Conciliation Act, 1996: ss. 11 (5) and (9) - Appointment of arbitrator - Sale- c purchase contract - Goods supplied found defecti11…
Supreme Court of India8 May 2012Full text
2012 INSC 216 · [2012] 5 S.C.R. 872
NAGESH v. STATE OF KARNATAKA 873 same evidence was possible - Director General of Police! A Commissioner of Police directed to take disciplinary action against the police officers/officials at Belgaum, who were present at the place of occurrence when the deceased was brought from her room downstairs where the car was p…
Supreme Court of India8 May 2012Full text
2012 INSC 215 · [2012] 5 S.C.R. 850
Dismissing the appeal, the Court C HELD: 1. The circumstances in which an appellate court will interfere with the finding of the Trial Court are now well settled. The High Court is entitled to re-appreciate the evidence if it is found that the view taken by the acquitting Court was not a possible view or that it D was …
Supreme Court of India8 May 2012Full text
2012 INSC 214 · [2012] 5 S.C.R. 834
BEST SELLERS RETAIL (INDIA) PVT. LTD. v. ADITYA 835 BIRLA NUVO LTD. & ORS. encumbering the suit property was not granted, and A respondent no. 1 ultimately succeeded in the suit, it would be entitled to damages claimed and proved before the court -Respondent no. 1 will not suffer irreparable injury - Order of temporary…
Supreme Court of India8 May 2012Full text
2012 INSC 213 · [2012] 5 S.C.R. 768
PRIYA GUPTA v. STATE OF CHHATISHGARH & ORS. 769 were available on 30th September, 2006 - Appellants were A given admission on 30th September without effecting due publicity - State Government cancelled their admission on the ground that it was arbitrary and based on favouritism - High Court rightly dismissed the writ p…
Supreme Court of India8 May 2012Full text
2012 INSC 212 · [2012] 5 S.C.R. 715
Registration of Private Tour Operators - Conditions laid down in the 2012 Hajj Policy - Restriction of minimum F requirement of 250 sq. ft. office area (carpet) - Held: There is no arbitrariness or unreasonableness in the requirement of minimum office area - This condition ensures that only genuine operators approach f…
Supreme Court of India8 May 2012Full text
2012 INSC 211 · [2012] 6 S.C.R. 611
[2012] 6 S.C.R. 611 MUNNA KUMAR UPADHYAYA @ MUNNA UPADHYAYA A v. THE STATE OF ANDHRA PRADESH THROUGH PUBLIC PROSECUTOR, HYDERABAD, ANDHRA PRADESH (Criminal Appeal No. 1316 of 2008) B MAY 8, 2012 [A.K. PATNAIK AND SWATANTER KUMAR, JJ.) Penal Code, 1860 - ss.302 rlw 34, 201, 411 and 435 -Murder - Of Railway Official and …
Supreme Court of India8 May 2012Full text
2012 INSC 210 · [2012] 4 S.C.R. 408
Evidence Act, 1872: s.27 - Disclosure statement - Admissibility of - Held: The part of the disclosure statement cannot be taken to be G confession of the accused in relation to commission of the crime, but the other part by which the motor cycle which was used by the accused in facilitating the crime was recovered, wou…
Supreme Court of India12 Jan 2012Full text
2012 INSC 21 · [2012] 2 S.C.R. 959
3. Considering these aspects of the matter, it is clear that the appellant should be considered reasonably and the provisional appointment which was given to her should not be cancelle~. It is hoped and expected the E respondent Public Service Commission shall make a suitable recommendation in the light of the observat…
Supreme Court of India8 May 2012Full text
2012 INSC 209 · [2012] 4 S.C.R. 366
Extra-judicial Confession - Evidentiary value - Held: It F is a weak piece of evidence - In circumstantial evidence when prosecution relies on extra-judicial confession, court should examine it with greater degree of care and caution -Principles which would make it an admissible piece of evidence capable of forming the…
Supreme Court of India8 May 2012Full text
2012 INSC 208 · [2012] 4 S.C.R. 342
Criminal Law: Motive - Existence of a motive for committing a crime G is not an absolute requirement of law but it is always a relevant factor, which will be taken into consideration by the courts as it will render assistance to the courts while analysing the prosecution evidence and determining the guilt of the accuse…
Supreme Court of India8 May 2012Full text
2012 INSC 207 · [2012] 4 S.C.R. 280
H 280 A.B.N.A. AND ORS. v. MANAGING DIRECTOR, M/S. 281 U.P.S.l.D.C. LIMITED, KANPUR Case Law Reference: A 2008 (8) SCR 676 Referred to. Para 4 1955 SCR 117 Referred to. Para 4 CIVIL APPELLATE JURISDICTION : SLP (Civil) No. B 16116-16117 of 2010. From the Judgment & Order dated 04.03.2009 of the M.R.T.P.C. New Delhi, in…
Supreme Court of India8 May 2012Full text
2012 INSC 206 · [2012] 4 S.C.R. 275
Naresh Kaushik, Sanjeev Kumar Bhardwaj, Aditi Gupta, C Lalita Kaushik for the Appellant. A. Sharan, Vishnu B. Saharya, Viresh B. Saharya (for Saharya & Co.), Rekha Pandey, Asha G. Nair, B.V. Bairam Das, Sadashiv Reddy, Sushma Suri for the Respondent. D The Order of the Courtwas delivered ORDER 1. Leave granfed. E 2. Th…
Supreme Court of India8 May 2012Full text
2012 INSC 205 · [2012] 4 S.C.R. 448
STATE OF KERALA & ORS. v. MAR APPRAEM KURI 449 CO. LTD. & ANR. Act was amended by inserting sub-section (1a) in Section A 4. Thereby the chitties registered_ outside the State, having 20% or more of its subscribers normally residing in the State were brought within the ambit of the 1975 Act. Aggrieved by the said amend…
Also on Law on Tips: Bare Acts · Legal news and analysis
[2012] 4 S.C.R. 521 COMMON CAUSE A v. UNION OF INDIA AND ORS. (Writ Petition (C) No. 35 of 2012) MAY 10, 2012 B [DR. B.S. CHAUHAN AND JAGDISH SINGH KHEHAR, JJ.] Protection of Human Rights Act, 1993: s.5(2) -Procedure for removal of a Chairperson/Member of the C Commission - Held: If a decision is to be taken to hold an…
Supreme Court of India10 May 2012Full text
2012 INSC 220 · [2012] 4 S.C.R. 553
ORDER D SWATANTER KUMAR, J. 1. The petitioners, who claim to be public spirited individuals possessing requisite expertise and with the access to information, stated that a grave and hazardous situation, raising bio safety concerns, is developing E in our country due to release of Genetically Modified Organisms (for sh…
Supreme Court of India13 Jan 2012Full text
2012 INSC 22 · [2012] 2 S.C.R. 1035
1036 SUPREME COURT REPORTS [2012] 2 S.C.R. A would classified under CSH 27132000 pertaining to tariff for petroleum bitumen - Central Excise Tariff Act, 1l185 -Chapter Sub-heading 27132000 and 27150090. Excise Laws - Manufacture - Test to determine -Held:"Manufacture". can be said to have taken place only when 8 there …
Supreme Court of India9 May 2012Full text
2012 INSC 219 · [2012] 4 S.C.R. 513
Appellants-the beneficiaries of different trusts filed Trust Original Petition. On objection by the opposite party, the Trust Original Petition was rejected on the ground interalia that the Trust Original Petition was barred uls. 9 CPC as the relief sought, could have been agitated only F by means of a suit. High Court…
Supreme Court of India8 May 2012Full text
2012 INSC 218 · [2012] 5 S.C.R. 743
BSNL & Ors. v. Subash Chandra Kanchan & Anr. (2006) B 8 SCC 279: 2006 (6) Suppl. SCR 93; State of Punjab v. Amar Singh Harika AIR 1966 SC 1313 - relied on. Administrative law: Administrative order -Communication of an order - Held: An order passed by an authority cannot be :said to take effect unless the C same is comm…
Supreme Court of India8 May 2012Full text
2012 INSC 217 · [2012] 4 S.C.R. 397
[2q12] 4 S.C.R. 397 AL JAZEERA STEEL PRODUCTS COMPANY SAOG A v. MID INDIA POWER & STEEL LTD. (Arbitration Petition No. 6 of 2009) MAY 08, 2012 B [SURINDER SINGH NIJJAR, J.) Arbitration and Conciliation Act, 1996: ss. 11 (5) and (9) - Appointment of arbitrator - Sale- c purchase contract - Goods supplied found defecti11…
Supreme Court of India8 May 2012Full text
2012 INSC 216 · [2012] 5 S.C.R. 872
NAGESH v. STATE OF KARNATAKA 873 same evidence was possible - Director General of Police! A Commissioner of Police directed to take disciplinary action against the police officers/officials at Belgaum, who were present at the place of occurrence when the deceased was brought from her room downstairs where the car was p…
Supreme Court of India8 May 2012Full text
2012 INSC 215 · [2012] 5 S.C.R. 850
Dismissing the appeal, the Court C HELD: 1. The circumstances in which an appellate court will interfere with the finding of the Trial Court are now well settled. The High Court is entitled to re-appreciate the evidence if it is found that the view taken by the acquitting Court was not a possible view or that it D was …
Supreme Court of India8 May 2012Full text
2012 INSC 214 · [2012] 5 S.C.R. 834
BEST SELLERS RETAIL (INDIA) PVT. LTD. v. ADITYA 835 BIRLA NUVO LTD. & ORS. encumbering the suit property was not granted, and A respondent no. 1 ultimately succeeded in the suit, it would be entitled to damages claimed and proved before the court -Respondent no. 1 will not suffer irreparable injury - Order of temporary…
Supreme Court of India8 May 2012Full text
2012 INSC 213 · [2012] 5 S.C.R. 768
PRIYA GUPTA v. STATE OF CHHATISHGARH & ORS. 769 were available on 30th September, 2006 - Appellants were A given admission on 30th September without effecting due publicity - State Government cancelled their admission on the ground that it was arbitrary and based on favouritism - High Court rightly dismissed the writ p…
Supreme Court of India8 May 2012Full text
2012 INSC 212 · [2012] 5 S.C.R. 715
Registration of Private Tour Operators - Conditions laid down in the 2012 Hajj Policy - Restriction of minimum F requirement of 250 sq. ft. office area (carpet) - Held: There is no arbitrariness or unreasonableness in the requirement of minimum office area - This condition ensures that only genuine operators approach f…
Supreme Court of India8 May 2012Full text
2012 INSC 211 · [2012] 6 S.C.R. 611
[2012] 6 S.C.R. 611 MUNNA KUMAR UPADHYAYA @ MUNNA UPADHYAYA A v. THE STATE OF ANDHRA PRADESH THROUGH PUBLIC PROSECUTOR, HYDERABAD, ANDHRA PRADESH (Criminal Appeal No. 1316 of 2008) B MAY 8, 2012 [A.K. PATNAIK AND SWATANTER KUMAR, JJ.) Penal Code, 1860 - ss.302 rlw 34, 201, 411 and 435 -Murder - Of Railway Official and …
Supreme Court of India8 May 2012Full text
2012 INSC 210 · [2012] 4 S.C.R. 408
Evidence Act, 1872: s.27 - Disclosure statement - Admissibility of - Held: The part of the disclosure statement cannot be taken to be G confession of the accused in relation to commission of the crime, but the other part by which the motor cycle which was used by the accused in facilitating the crime was recovered, wou…
Supreme Court of India12 Jan 2012Full text
2012 INSC 21 · [2012] 2 S.C.R. 959
3. Considering these aspects of the matter, it is clear that the appellant should be considered reasonably and the provisional appointment which was given to her should not be cancelle~. It is hoped and expected the E respondent Public Service Commission shall make a suitable recommendation in the light of the observat…
Supreme Court of India8 May 2012Full text
2012 INSC 209 · [2012] 4 S.C.R. 366
Extra-judicial Confession - Evidentiary value - Held: It F is a weak piece of evidence - In circumstantial evidence when prosecution relies on extra-judicial confession, court should examine it with greater degree of care and caution -Principles which would make it an admissible piece of evidence capable of forming the…
Supreme Court of India8 May 2012Full text
2012 INSC 208 · [2012] 4 S.C.R. 342
Criminal Law: Motive - Existence of a motive for committing a crime G is not an absolute requirement of law but it is always a relevant factor, which will be taken into consideration by the courts as it will render assistance to the courts while analysing the prosecution evidence and determining the guilt of the accuse…
Supreme Court of India8 May 2012Full text
2012 INSC 207 · [2012] 4 S.C.R. 280
H 280 A.B.N.A. AND ORS. v. MANAGING DIRECTOR, M/S. 281 U.P.S.l.D.C. LIMITED, KANPUR Case Law Reference: A 2008 (8) SCR 676 Referred to. Para 4 1955 SCR 117 Referred to. Para 4 CIVIL APPELLATE JURISDICTION : SLP (Civil) No. B 16116-16117 of 2010. From the Judgment & Order dated 04.03.2009 of the M.R.T.P.C. New Delhi, in…
Supreme Court of India8 May 2012Full text
2012 INSC 206 · [2012] 4 S.C.R. 275
Naresh Kaushik, Sanjeev Kumar Bhardwaj, Aditi Gupta, C Lalita Kaushik for the Appellant. A. Sharan, Vishnu B. Saharya, Viresh B. Saharya (for Saharya & Co.), Rekha Pandey, Asha G. Nair, B.V. Bairam Das, Sadashiv Reddy, Sushma Suri for the Respondent. D The Order of the Courtwas delivered ORDER 1. Leave granfed. E 2. Th…
Supreme Court of India8 May 2012Full text
2012 INSC 205 · [2012] 4 S.C.R. 448
STATE OF KERALA & ORS. v. MAR APPRAEM KURI 449 CO. LTD. & ANR. Act was amended by inserting sub-section (1a) in Section A 4. Thereby the chitties registered_ outside the State, having 20% or more of its subscribers normally residing in the State were brought within the ambit of the 1975 Act. Aggrieved by the said amend…
Also on Law on Tips: Bare Acts · Legal news and analysis