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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.
6,261–6,280 · Page 314 of 382
Supreme Court of India7 May 2012Full text
2012 INSC 204 · [2012] 5 S.C.R. 696
[2012] 5 S.C.R. 696 A NEEL KUMAR @ ANIL KUMAR v. THE STATE OF HARYANA (Criminal Appeal No. 523 of 2010) MAY 7, 2012 8 [DR. 8.5. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Penal Code, 1860 - ss. 302, 376(2)(f) and 201 - Rape C and murder -Allegation that appellant raped his 4 year old daughter and thereafter mur…
Supreme Court of India7 May 2012Full text
2012 INSC 203 · [2012] 4 S.C.R. 235
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.
6,261–6,280 · Page 314 of 382
Supreme Court of India7 May 2012Full text
2012 INSC 204 · [2012] 5 S.C.R. 696
[2012] 5 S.C.R. 696 A NEEL KUMAR @ ANIL KUMAR v. THE STATE OF HARYANA (Criminal Appeal No. 523 of 2010) MAY 7, 2012 8 [DR. 8.5. CHAUHAN AND FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.] Penal Code, 1860 - ss. 302, 376(2)(f) and 201 - Rape C and murder -Allegation that appellant raped his 4 year old daughter and thereafter mur…
Supreme Court of India7 May 2012Full text
2012 INSC 203 · [2012] 4 S.C.R. 235
- This was not a method which should have been resorted to F for the said purpose - The Court cannot accept the manner in which the purported General Body Meeting of the SCBA was conducted on 16.1.2012, and the Resolutions adopted therein, as well as the resolutions purportedly adopted by the Executive Committee of the…
Supreme Court of India4 May 2012Full text
2012 INSC 202 · [2012] 5 S.C.R. 674
RASHMI REKHA THATOI & ANR. v. STATE OF 675 ORISSA & ORS. directly, cannot be done indirectly - The statutory exercise of A power stands on a different footing than exercise of power of judicial review - Judging on the foundation of said well settled principles, the irresistible conclusion is that the impugned orders di…
Supreme Court of India4 May 2012Full text
2012 INSC 201 · [2012] 4 S.C.R. 190
[2012] 4 S.C.R. 190 A TEJAS CONSTRUCTIONS & INFRASTRUCTURE PVT. LTD. v. MUNICIPAL COUNCIL, SENDHWA & ANR. (Civil Appeal No. 4195 of 2012) B MAY 4, 2012 [T.S. THAKUR AND GYAN SUDHA MISRA, JJ.] Administrative Law: c Judicial review of award of contract by municipality -Scope of - Acceptance of bid of a contractor for con…
Supreme Court of India4 May 2012Full text
2012 INSC 200 · [2012] 4 S.C.R. 209
Board to make interim arrangements, such as, grant G of interim compulsory licences, during the pendency of a final decision of an application. [Para 38) [232-B-C] * Judgment Pronounced by J. Chelameswar, J. made non-reportable. 209 H 210 SUPREME COURT REPORTS [2012] 4 S.C.R. A 2. The power being sought to be attribute…
Supreme Court of India12 Jan 2012Full text
2012 INSC 20 · [2012] 1 S.C.R. 201
Ranjit Singh vs. State of Punjab, 1998 (2) Suppl. SCR 8: (1998) 7 sec 149; Kishori Singh and ors. VS. State of 201 H 202 SUPREME COURT REPORTS [2012] 1 S.C.R. A Bihar and Anr. (2004) 13 SCC 11; Raj Kishore Prasad vs. State of Bihar, 1996(2) Suppl. SCR 125: (1996) 4 sec 495; India Carat (P) Ltd. vs. State of Kamataka 19…
Supreme Court of India4 Jan 2012Full text
2012 INSC 2 · [2012] 1 S.C.R. 1
- The order of detention is quashed - Constitution of India, 1950 - Articles 21 and 22 - Code of Criminal Procedure, 1973 - s.167. G The appellant's husband, who had been earlier arrested and released on bail in connection with offences punishable under Indian Penal Code and Unlawful 1 H 2 SUPREME COURT REPORTS [2012) …
Supreme Court of India3 May 2012Full text
2012 INSC 199 · [2012] 5 S.C.R. 661
Disposing of the appeal, the Court HELD: 1.1 Law cle!arly spells out that the right of private defence is available only when there is a H reasonable apprehension of receiving injury. ?ection 99 ARJUN v. STATE OF MAHARASHTRA 663 IPC explains that the injury which is inflicted by a person A exercising the right should c…
Supreme Court of India3 May 2012Full text
2012 INSC 198 · [2012] 13 S.C.R. 285
HELD: Per Kabir. J. H 1.1. One line of decisions rendered by this Court ISHWARDAS ROHANI v. ALOK MISHRA & ORS. 287 suggests that since an Election Petition has serious A consequences under Section SA of the Representation of the People Act, 1951, the provisions of the Act have to be strictly construed and, particularly…
Supreme Court of India2 May 2012Full text
2012 INSC 197 · [2012] 4 S.C.R. 174
On 15.2.2012, an FIR was lodged by the owner of an G Indian fishing boat that as a result of indiscriminate firing from an Italian ship i.e. appellant no. 1, two of its fisherman died. During the course of investigation the Circle Inspector of the Kerala Police issued a letter to the Master of appellant no. 1 vessel no…
Supreme Court of India1 May 2012Full text
2012 INSC 196 · [2012] 5 S.C.R. 599
- Good faith is defined in s. 3(22) to mean a thing which is, in ·fact, done honestly, whether it is done negligently or not -Anything done with due care and attention, which is not E malafide, is presumed to have been done in good faith -Good faith and public good are though questions of fact, are required to be prove…
Supreme Court of India1 May 2012Full text
2012 INSC 195 · [2012] 5 S.C.R. 583
Distribution Companies filed applications before F State Electricity Regulatory Commission for revision of tariff to be effective from 1.12.2004. The Commission directed that the revised tariff determined by it would become effective from 1.1.2005 and shall remain in force till the same is amended by the Commission by …
Supreme Court of India30 Apr 2012Full text
2012 INSC 194 · [2012] 5 S.C.R. 568
DEEPAK KHINCHI v. STATE OF RAJASTHAN 569 period cannot be termed as delay - It is also the duty of the A court to see that perpetrators of crime are tried and convicted if offences are proved against them - It cannot be said that the lapse of three years has caused prejudice to the accused - The case will be conducted …
Supreme Court of India27 Apr 2012Full text
2012 INSC 193 · [2012] 4 S.C.R. 74
Dismissing the appeals, the Court F HELD: 1.1 A well-reasoned judgment and a decree passed by the trial court ought not to have been reversed by the first appellate court. The appellant's father was engaged as a Watchman on a monthly salary and in that G capacity he was allowed to stay in the suit premises and after hi…
Supreme Court of India27 Apr 2012Full text
2012 INSC 191 · [2012] 5 S.C.R. 480
[2012] 5 S.C.R. 480 A SRI MARCEL MARTINS V. M. PRINTER & ORS. (Civil Appeal No. 6645 of 2003) APRIL 27, 2012 B [T.S. THAKUR AND GYAN SUDHA MISRA, JJ.] Benami Transactions (Prohibition) Act, 1988 - s.4(3}(b) - Transaction saved from prohibition u/s. 4 - Municipal C Corporation decided to sell residential property origin…
Supreme Court of India27 Apr 2012Full text
2012 INSC 190 · [2012] 4 S.C.R. 24
[2012] 4 S.C.R. 24 A MEHRAWAL KHEWAJI TRUST (REGO.), FARIDKOT & ORS. V. STATE OF PUNJAB & ORS. (Civil Appeal No. 4005 of 2012) B APRIL 27, 2012 [P. SATHASIVAM AND J. CHELAMESWAR, JJ.) Land Acquisition Act, 1894: c Compensation - Interest on solatium and additional market value - Sale exempl<:irs - Annual increase -Dedu…
Supreme Court of India12 Jan 2012Full text
2012 INSC 19 · [2012] 1 S.C.R. 195
Constitution of India, 1950: Art. 14 - Held: Every citizen has a right to get his or her E complaint properly investigated - The issue is akin to ensuring equal access to justice. In a murder case, the wife of the deceased lodged an FIR implicating the two sons of the appellant The case of the appellant was that, prior…
Supreme Court of India27 Apr 2012Full text
2012 INSC 189 · [2012] 4 S.C.R. 118
Disposing of the appeals, the Court E HELD: 1.1 The Allahabad Bench was apprised about the number of matters at Lucknow filed earlier in point of time which were being part heard and the hearing was in continuum. It would have been advisable to wait for the verdict at Lucknow Bench or to bring it to the notice F of the…
Supreme Court of India27 Apr 2012Full text
2012 INSC 188 · [2012] 5 S.C.R. 547
Administrative Law - Regulatory body - Issues of regulatory regime - Scope for judicial intervention - Held: The concept of 'regulatory regime' has to be understood and G applied by the courts, within the framework of law, but not by substituting their own views, for the views of the expert bodies like an appellate cou…
Supreme Court of India27 Apr 2012Full text
2012 INSC 186 · [2012] 4 S.C.R. 35
[2012] 4 S.C.R. 35 AVISHEK GOENKA A v. UNION OF INDIA AND ANR. (Writ Petition (C) No. 265 of 2011) APRIL 27, 2012 B [S.H. KAPADIA, CJI, A.K. PATNAIK AND SWATANTER KUMAR, JJ.] Motor Vehicles Rules, 1989: c r. 100 - Black films on safety glass of the windscreen and windows of motor vehicle - Use of, permissibility - Hf?l…
Also on Law on Tips: Bare Acts · Legal news and analysis
- This was not a method which should have been resorted to F for the said purpose - The Court cannot accept the manner in which the purported General Body Meeting of the SCBA was conducted on 16.1.2012, and the Resolutions adopted therein, as well as the resolutions purportedly adopted by the Executive Committee of the…
Supreme Court of India4 May 2012Full text
2012 INSC 202 · [2012] 5 S.C.R. 674
RASHMI REKHA THATOI & ANR. v. STATE OF 675 ORISSA & ORS. directly, cannot be done indirectly - The statutory exercise of A power stands on a different footing than exercise of power of judicial review - Judging on the foundation of said well settled principles, the irresistible conclusion is that the impugned orders di…
Supreme Court of India4 May 2012Full text
2012 INSC 201 · [2012] 4 S.C.R. 190
[2012] 4 S.C.R. 190 A TEJAS CONSTRUCTIONS & INFRASTRUCTURE PVT. LTD. v. MUNICIPAL COUNCIL, SENDHWA & ANR. (Civil Appeal No. 4195 of 2012) B MAY 4, 2012 [T.S. THAKUR AND GYAN SUDHA MISRA, JJ.] Administrative Law: c Judicial review of award of contract by municipality -Scope of - Acceptance of bid of a contractor for con…
Supreme Court of India4 May 2012Full text
2012 INSC 200 · [2012] 4 S.C.R. 209
Board to make interim arrangements, such as, grant G of interim compulsory licences, during the pendency of a final decision of an application. [Para 38) [232-B-C] * Judgment Pronounced by J. Chelameswar, J. made non-reportable. 209 H 210 SUPREME COURT REPORTS [2012] 4 S.C.R. A 2. The power being sought to be attribute…
Supreme Court of India12 Jan 2012Full text
2012 INSC 20 · [2012] 1 S.C.R. 201
Ranjit Singh vs. State of Punjab, 1998 (2) Suppl. SCR 8: (1998) 7 sec 149; Kishori Singh and ors. VS. State of 201 H 202 SUPREME COURT REPORTS [2012] 1 S.C.R. A Bihar and Anr. (2004) 13 SCC 11; Raj Kishore Prasad vs. State of Bihar, 1996(2) Suppl. SCR 125: (1996) 4 sec 495; India Carat (P) Ltd. vs. State of Kamataka 19…
Supreme Court of India4 Jan 2012Full text
2012 INSC 2 · [2012] 1 S.C.R. 1
- The order of detention is quashed - Constitution of India, 1950 - Articles 21 and 22 - Code of Criminal Procedure, 1973 - s.167. G The appellant's husband, who had been earlier arrested and released on bail in connection with offences punishable under Indian Penal Code and Unlawful 1 H 2 SUPREME COURT REPORTS [2012) …
Supreme Court of India3 May 2012Full text
2012 INSC 199 · [2012] 5 S.C.R. 661
Disposing of the appeal, the Court HELD: 1.1 Law cle!arly spells out that the right of private defence is available only when there is a H reasonable apprehension of receiving injury. ?ection 99 ARJUN v. STATE OF MAHARASHTRA 663 IPC explains that the injury which is inflicted by a person A exercising the right should c…
Supreme Court of India3 May 2012Full text
2012 INSC 198 · [2012] 13 S.C.R. 285
HELD: Per Kabir. J. H 1.1. One line of decisions rendered by this Court ISHWARDAS ROHANI v. ALOK MISHRA & ORS. 287 suggests that since an Election Petition has serious A consequences under Section SA of the Representation of the People Act, 1951, the provisions of the Act have to be strictly construed and, particularly…
Supreme Court of India2 May 2012Full text
2012 INSC 197 · [2012] 4 S.C.R. 174
On 15.2.2012, an FIR was lodged by the owner of an G Indian fishing boat that as a result of indiscriminate firing from an Italian ship i.e. appellant no. 1, two of its fisherman died. During the course of investigation the Circle Inspector of the Kerala Police issued a letter to the Master of appellant no. 1 vessel no…
Supreme Court of India1 May 2012Full text
2012 INSC 196 · [2012] 5 S.C.R. 599
- Good faith is defined in s. 3(22) to mean a thing which is, in ·fact, done honestly, whether it is done negligently or not -Anything done with due care and attention, which is not E malafide, is presumed to have been done in good faith -Good faith and public good are though questions of fact, are required to be prove…
Supreme Court of India1 May 2012Full text
2012 INSC 195 · [2012] 5 S.C.R. 583
Distribution Companies filed applications before F State Electricity Regulatory Commission for revision of tariff to be effective from 1.12.2004. The Commission directed that the revised tariff determined by it would become effective from 1.1.2005 and shall remain in force till the same is amended by the Commission by …
Supreme Court of India30 Apr 2012Full text
2012 INSC 194 · [2012] 5 S.C.R. 568
DEEPAK KHINCHI v. STATE OF RAJASTHAN 569 period cannot be termed as delay - It is also the duty of the A court to see that perpetrators of crime are tried and convicted if offences are proved against them - It cannot be said that the lapse of three years has caused prejudice to the accused - The case will be conducted …
Supreme Court of India27 Apr 2012Full text
2012 INSC 193 · [2012] 4 S.C.R. 74
Dismissing the appeals, the Court F HELD: 1.1 A well-reasoned judgment and a decree passed by the trial court ought not to have been reversed by the first appellate court. The appellant's father was engaged as a Watchman on a monthly salary and in that G capacity he was allowed to stay in the suit premises and after hi…
Supreme Court of India27 Apr 2012Full text
2012 INSC 191 · [2012] 5 S.C.R. 480
[2012] 5 S.C.R. 480 A SRI MARCEL MARTINS V. M. PRINTER & ORS. (Civil Appeal No. 6645 of 2003) APRIL 27, 2012 B [T.S. THAKUR AND GYAN SUDHA MISRA, JJ.] Benami Transactions (Prohibition) Act, 1988 - s.4(3}(b) - Transaction saved from prohibition u/s. 4 - Municipal C Corporation decided to sell residential property origin…
Supreme Court of India27 Apr 2012Full text
2012 INSC 190 · [2012] 4 S.C.R. 24
[2012] 4 S.C.R. 24 A MEHRAWAL KHEWAJI TRUST (REGO.), FARIDKOT & ORS. V. STATE OF PUNJAB & ORS. (Civil Appeal No. 4005 of 2012) B APRIL 27, 2012 [P. SATHASIVAM AND J. CHELAMESWAR, JJ.) Land Acquisition Act, 1894: c Compensation - Interest on solatium and additional market value - Sale exempl<:irs - Annual increase -Dedu…
Supreme Court of India12 Jan 2012Full text
2012 INSC 19 · [2012] 1 S.C.R. 195
Constitution of India, 1950: Art. 14 - Held: Every citizen has a right to get his or her E complaint properly investigated - The issue is akin to ensuring equal access to justice. In a murder case, the wife of the deceased lodged an FIR implicating the two sons of the appellant The case of the appellant was that, prior…
Supreme Court of India27 Apr 2012Full text
2012 INSC 189 · [2012] 4 S.C.R. 118
Disposing of the appeals, the Court E HELD: 1.1 The Allahabad Bench was apprised about the number of matters at Lucknow filed earlier in point of time which were being part heard and the hearing was in continuum. It would have been advisable to wait for the verdict at Lucknow Bench or to bring it to the notice F of the…
Supreme Court of India27 Apr 2012Full text
2012 INSC 188 · [2012] 5 S.C.R. 547
Administrative Law - Regulatory body - Issues of regulatory regime - Scope for judicial intervention - Held: The concept of 'regulatory regime' has to be understood and G applied by the courts, within the framework of law, but not by substituting their own views, for the views of the expert bodies like an appellate cou…
Supreme Court of India27 Apr 2012Full text
2012 INSC 186 · [2012] 4 S.C.R. 35
[2012] 4 S.C.R. 35 AVISHEK GOENKA A v. UNION OF INDIA AND ANR. (Writ Petition (C) No. 265 of 2011) APRIL 27, 2012 B [S.H. KAPADIA, CJI, A.K. PATNAIK AND SWATANTER KUMAR, JJ.] Motor Vehicles Rules, 1989: c r. 100 - Black films on safety glass of the windscreen and windows of motor vehicle - Use of, permissibility - Hf?l…
Also on Law on Tips: Bare Acts · Legal news and analysis