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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.
6,301–6,320 · Page 316 of 382
Supreme Court of India9 Apr 2012Full text
2012 INSC 167 · [2012] 5 S.C.R. 218
- Held: There is no need to go into these materials at this juncture considering the alternative direction issued by the High Court granting alternative site to the occupants which is G quite reasonable - If the Corporation wants to keep the site open, in public interest, they are bound to comply with the direction wit…
Supreme Court of India9 Apr 2012Full text
2012 INSC 166 · [2012] 3 S.C.R. 1042
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.
6,301–6,320 · Page 316 of 382
Supreme Court of India9 Apr 2012Full text
2012 INSC 167 · [2012] 5 S.C.R. 218
- Held: There is no need to go into these materials at this juncture considering the alternative direction issued by the High Court granting alternative site to the occupants which is G quite reasonable - If the Corporation wants to keep the site open, in public interest, they are bound to comply with the direction wit…
Supreme Court of India9 Apr 2012Full text
2012 INSC 166 · [2012] 3 S.C.R. 1042
The question which arose for consideration in the instant appeal was whether the application submitted by8 the appellant under Section 18(1) of the Act was barred by time and the Reference Court rightly refused to entertain his prayer for enhancement of the compensation determined by the Special Land Acquisition Office…
Supreme Court of India4 Apr 2012Full text
2012 INSC 165 · [2012] 2 S.C.R. 708
CIVIL APPELLATE JURISDICT!ON : Civil Appeal No. 3393 of 2012. From the Judgment & Order dated 14.09.2006 of the High Court of Jharkhand at Ranchi in LP.A. No. 229 of 2006. H 710 SUPREME COURT REPORTS [2012] 2 S.C.R. A WITH C.A. Nos. 339¢~3395 of 2012. Shekhar Prit Jha, Vikrant Bhardwaj, Sumit Kumar, Kumari Supriya, Dan…
Supreme Court of India4 Apr 2012Full text
2012 INSC 164 · [2012] 2 S.C.R. 696
- s.204 states that if in the opinion of a Magistrate taking cognizance of an offence, there is sufficient ground for E proceeding, then the summons may be issued. s. 204 - Requirement of assigning reasons for summoning a person - Held: Summoning order u/s. 204 does not mandate the Magistrate to state reasons for issua…
Supreme Court of India4 Apr 2012Full text
2012 INSC 163 · [2012] 5 S.C.R. 207
Dr. Rajesh Pandey Mridula Ray Bharadwaj for the E Appellants. S.L. Gupta, M.S. Mangla, Ram Ashray, Shalu Sharma for the Respondents. The order of the Court was delivered F ORDER 1. Delay condoned 2. Leave granted. G 3. Feeling dissatisfied with the reduction of compensation determined by Motor Accident Claims Tribunal,…
Supreme Court of India4 Apr 2012Full text
2012 INSC 162 · [2012] 3 S.C.R. 1031
G Allowing the appeal, the Court HELD: 1.1. Section 81 of the of the Representation of the People Act, 1951 disqualifies the Respondent from maintaining an election petition, since he was not entitled H CHAUGULE v. BHAGWAT 1033 to invoke any of the grounds set out in Sections 100(1) A and 101 of the Act. [Para 13] [103…
Supreme Court of India3 Apr 2012Full text
2012 INSC 161 · [2012] 5 S.C.R. 192
YOGENDRA PRATAP SINGH v. SAVITRI PANDEY & 193 ANR. days of the service of the notice, was premature and the A order passed by the Magistrate taking cognizance of the offence on the basis of such a complaint is legally bad. Therefore, the appellant filed the instant appeal. The questions which arose for consideration in…
Supreme Court of India3 Apr 2012Full text
2012 INSC 160 · [2012] 3 S.C.R. 1010
The plaintiffs-appellants, being the trustees of the H 1010 KESRI COMMISSARIAT v. MIN. OF FOOD & CIVIL 1011 SUP., GOVT. OF MAH., MUMBAI Parsee Girls' School Association, filed a suit against the A defendants-respondents for recovery of the suit properties and for mesne profits. The case of the plaintiffs was that the P…
Supreme Court of India11 Jan 2012Full text
2012 INSC 16 · [2012] 1 S.C.R. 64
[2012] 1 S.C.R. 64 A MOHD. HUSSAIN @ JULFIKAR ALI v. THE STATE (GOVT. OF NCT) DELHI (Criminal Appeal No. 1091 of 2006) JANUARY 11, 2012 B [H.L. DATIU AND CHANDRAMAULI KR. PRASAD, JJ.] Penal Code, 1860 - ss. 3021307 - Explosives Substances Act, 1908 - s. 3 - Explosion in bus - Death of 4 persons and C 24 persons sustain…
Supreme Court of India3 Apr 2012Full text
2012 INSC 159 · [2012] 2 S.C.R. 685
C.A. Sundaram, Dr. Rajeev Dhawan, Puneet Jain, Sushi! H Kumar Jain, Pragati Neekhra, Suryanaryana Singh, B.S. MODERN DENTAL COLLEGE CENTRE v. STATE OF 687 MADHYA PRADESH Banthia, Vikas Upadhyay, Gaurav Sharma, Prathia M. Singh, A Surbhi Mehta, Abhinav Mukerji, Amit Kumar, Avijit Mani Tripathi, Sunil Kumar Jain, R.C. Ko…
Supreme Court of India2 Apr 2012Full text
2012 INSC 158 · [2012] 2 S.C.R. 673
674 SUPREME COURT REPORTS [2012] 2 S.C.R. A dated20.12.1996 the vehicle was confiscated. The appeal of the original respondent was allowed by the District Judge. The High Court declined to interfere. In the instant appeal filed by the State, it was contended for the respondent that after the amendment8 of definition of…
Supreme Court of India2 Apr 2012Full text
2012 INSC 157 · [2012] 3 S.C.R. 1003
- Order of remand passed under 0. 41, r.23-A is amenable to appeal under 0. 43, r. 1(u) - However, the constraints of s. 100 continue to be attached to such an appeal - There is a 0 difference between maintainability of an appeal and the scope of hearing of an appeal - Order of High Court holding the civil miscellaneou…
Supreme Court of India30 Mar 2012Full text
2012 INSC 156 · [2012] 3 S.C.R. 992
RAMESHKUMAR AGARWAL v. RAJMALA EXPORTS 993 PVT. LTD. & ORS. just - Amendment cannot be claimed as a matter of right and A under all circumstances, but the Courts while deciding such prayers should not adopt a hyper-technical approach - Liberal approach should be the general rule particularly, in cases where the other s…
Supreme Court of India30 Mar 2012Full text
2012 INSC 155 · [2012] 3 S.C.R. 974
R. MOHAJAN & ORS. v. SHEFALI SENGUPTA & 975 ORS. by way of special leave before the Supreme Court against the A order of the Tribunal, without exercising the remedy before the High Court - Maintainability of - Held: Appeal by way of special leave is maintainable and is the appropriate remedy - Any order or decision of …
Supreme Court of India30 Mar 2012Full text
2012 INSC 154 · [2012] 2 S.C.R. 663
s.438 - Anticipatory bail - Factors to be considered -Explained. On an inquiry conducted by the vigilance G department, it was revealed that in holding the second Jharkhand Public Service Commission Civil Services Examination - 2005, there had been large-scale bungling, manipulation, tampering of marks, irregularity in…
Supreme Court of India30 Mar 2012Full text
2012 INSC 153 · [2012] 2 S.C.R. 648
In a suit for injunction filed by the appellant/plaintiff against first respondent/defendant, a compromise decree was passed. As per the compromise, defendant was required to pay a sum to the plaintiff within six months F from the date of the compromise. Since the defendant did not honour the terms of the decree, appel…
Supreme Court of India29 Mar 2012Full text
2012 INSC 152 · [2012] 3 S.C.R. 965
. MINERALS & METALS TRADING CORPN. OF INDIA LTD. 967 v. OCEAN KNIGH MARITIME CO. LTD. arbitrator to decide the disputes between appellant and A respondent No.1. Jn the instant appeal, the question that arose for consideration .was whether the application under Sections 5, 11 and 12 of the 1940 Act filed on July 3, 1999…
Supreme Court of India27 Mar 2012Full text
2012 INSC 151 · [2012] 2 S.C.R. 586
Appellant-the land-owner had challenged the land-F acquisition proceedings before High Court. He was granted interim relief. In the meantime, the Land Acquisition Act was amended by Land Acquisition (Amendment) Act, 1984. whereby s.11 A was inserted prescribing the limitation period within which award G could be passed…
Supreme Court of India27 Mar 2012Full text
2012 INSC 150 · [2012] 5 S.C.R. 184
30. 7.2010 passed by High Court, dismissed - Subsequently, instant SLP filed challenging the order dated 19.9.,2011 -Held: High Court n'ghtly concluded vide impugned order dated 19. 9. 2011 that court could not entertain the petition having F become functus officio - Petitioner being a black-marketeer presumed that he …
Supreme Court of India11 Jan 2012Full text
2012 INSC 15 · [2012] 1 S.C.R. 136
The Board of Governors, a body vested with the power to carry out the functions and duties of Medical Council of India rejected the application filed by the H 136 MEDICAL COUNCIL OF INDIA v. JSS MEDICAL 137 COLLEGE respondent-medical college for increasing the seats for A MBBS course from 150 to 200 for the academic ye…
Also on Law on Tips: Bare Acts · Legal news and analysis
The question which arose for consideration in the instant appeal was whether the application submitted by8 the appellant under Section 18(1) of the Act was barred by time and the Reference Court rightly refused to entertain his prayer for enhancement of the compensation determined by the Special Land Acquisition Office…
Supreme Court of India4 Apr 2012Full text
2012 INSC 165 · [2012] 2 S.C.R. 708
CIVIL APPELLATE JURISDICT!ON : Civil Appeal No. 3393 of 2012. From the Judgment & Order dated 14.09.2006 of the High Court of Jharkhand at Ranchi in LP.A. No. 229 of 2006. H 710 SUPREME COURT REPORTS [2012] 2 S.C.R. A WITH C.A. Nos. 339¢~3395 of 2012. Shekhar Prit Jha, Vikrant Bhardwaj, Sumit Kumar, Kumari Supriya, Dan…
Supreme Court of India4 Apr 2012Full text
2012 INSC 164 · [2012] 2 S.C.R. 696
- s.204 states that if in the opinion of a Magistrate taking cognizance of an offence, there is sufficient ground for E proceeding, then the summons may be issued. s. 204 - Requirement of assigning reasons for summoning a person - Held: Summoning order u/s. 204 does not mandate the Magistrate to state reasons for issua…
Supreme Court of India4 Apr 2012Full text
2012 INSC 163 · [2012] 5 S.C.R. 207
Dr. Rajesh Pandey Mridula Ray Bharadwaj for the E Appellants. S.L. Gupta, M.S. Mangla, Ram Ashray, Shalu Sharma for the Respondents. The order of the Court was delivered F ORDER 1. Delay condoned 2. Leave granted. G 3. Feeling dissatisfied with the reduction of compensation determined by Motor Accident Claims Tribunal,…
Supreme Court of India4 Apr 2012Full text
2012 INSC 162 · [2012] 3 S.C.R. 1031
G Allowing the appeal, the Court HELD: 1.1. Section 81 of the of the Representation of the People Act, 1951 disqualifies the Respondent from maintaining an election petition, since he was not entitled H CHAUGULE v. BHAGWAT 1033 to invoke any of the grounds set out in Sections 100(1) A and 101 of the Act. [Para 13] [103…
Supreme Court of India3 Apr 2012Full text
2012 INSC 161 · [2012] 5 S.C.R. 192
YOGENDRA PRATAP SINGH v. SAVITRI PANDEY & 193 ANR. days of the service of the notice, was premature and the A order passed by the Magistrate taking cognizance of the offence on the basis of such a complaint is legally bad. Therefore, the appellant filed the instant appeal. The questions which arose for consideration in…
Supreme Court of India3 Apr 2012Full text
2012 INSC 160 · [2012] 3 S.C.R. 1010
The plaintiffs-appellants, being the trustees of the H 1010 KESRI COMMISSARIAT v. MIN. OF FOOD & CIVIL 1011 SUP., GOVT. OF MAH., MUMBAI Parsee Girls' School Association, filed a suit against the A defendants-respondents for recovery of the suit properties and for mesne profits. The case of the plaintiffs was that the P…
Supreme Court of India11 Jan 2012Full text
2012 INSC 16 · [2012] 1 S.C.R. 64
[2012] 1 S.C.R. 64 A MOHD. HUSSAIN @ JULFIKAR ALI v. THE STATE (GOVT. OF NCT) DELHI (Criminal Appeal No. 1091 of 2006) JANUARY 11, 2012 B [H.L. DATIU AND CHANDRAMAULI KR. PRASAD, JJ.] Penal Code, 1860 - ss. 3021307 - Explosives Substances Act, 1908 - s. 3 - Explosion in bus - Death of 4 persons and C 24 persons sustain…
Supreme Court of India3 Apr 2012Full text
2012 INSC 159 · [2012] 2 S.C.R. 685
C.A. Sundaram, Dr. Rajeev Dhawan, Puneet Jain, Sushi! H Kumar Jain, Pragati Neekhra, Suryanaryana Singh, B.S. MODERN DENTAL COLLEGE CENTRE v. STATE OF 687 MADHYA PRADESH Banthia, Vikas Upadhyay, Gaurav Sharma, Prathia M. Singh, A Surbhi Mehta, Abhinav Mukerji, Amit Kumar, Avijit Mani Tripathi, Sunil Kumar Jain, R.C. Ko…
Supreme Court of India2 Apr 2012Full text
2012 INSC 158 · [2012] 2 S.C.R. 673
674 SUPREME COURT REPORTS [2012] 2 S.C.R. A dated20.12.1996 the vehicle was confiscated. The appeal of the original respondent was allowed by the District Judge. The High Court declined to interfere. In the instant appeal filed by the State, it was contended for the respondent that after the amendment8 of definition of…
Supreme Court of India2 Apr 2012Full text
2012 INSC 157 · [2012] 3 S.C.R. 1003
- Order of remand passed under 0. 41, r.23-A is amenable to appeal under 0. 43, r. 1(u) - However, the constraints of s. 100 continue to be attached to such an appeal - There is a 0 difference between maintainability of an appeal and the scope of hearing of an appeal - Order of High Court holding the civil miscellaneou…
Supreme Court of India30 Mar 2012Full text
2012 INSC 156 · [2012] 3 S.C.R. 992
RAMESHKUMAR AGARWAL v. RAJMALA EXPORTS 993 PVT. LTD. & ORS. just - Amendment cannot be claimed as a matter of right and A under all circumstances, but the Courts while deciding such prayers should not adopt a hyper-technical approach - Liberal approach should be the general rule particularly, in cases where the other s…
Supreme Court of India30 Mar 2012Full text
2012 INSC 155 · [2012] 3 S.C.R. 974
R. MOHAJAN & ORS. v. SHEFALI SENGUPTA & 975 ORS. by way of special leave before the Supreme Court against the A order of the Tribunal, without exercising the remedy before the High Court - Maintainability of - Held: Appeal by way of special leave is maintainable and is the appropriate remedy - Any order or decision of …
Supreme Court of India30 Mar 2012Full text
2012 INSC 154 · [2012] 2 S.C.R. 663
s.438 - Anticipatory bail - Factors to be considered -Explained. On an inquiry conducted by the vigilance G department, it was revealed that in holding the second Jharkhand Public Service Commission Civil Services Examination - 2005, there had been large-scale bungling, manipulation, tampering of marks, irregularity in…
Supreme Court of India30 Mar 2012Full text
2012 INSC 153 · [2012] 2 S.C.R. 648
In a suit for injunction filed by the appellant/plaintiff against first respondent/defendant, a compromise decree was passed. As per the compromise, defendant was required to pay a sum to the plaintiff within six months F from the date of the compromise. Since the defendant did not honour the terms of the decree, appel…
Supreme Court of India29 Mar 2012Full text
2012 INSC 152 · [2012] 3 S.C.R. 965
. MINERALS & METALS TRADING CORPN. OF INDIA LTD. 967 v. OCEAN KNIGH MARITIME CO. LTD. arbitrator to decide the disputes between appellant and A respondent No.1. Jn the instant appeal, the question that arose for consideration .was whether the application under Sections 5, 11 and 12 of the 1940 Act filed on July 3, 1999…
Supreme Court of India27 Mar 2012Full text
2012 INSC 151 · [2012] 2 S.C.R. 586
Appellant-the land-owner had challenged the land-F acquisition proceedings before High Court. He was granted interim relief. In the meantime, the Land Acquisition Act was amended by Land Acquisition (Amendment) Act, 1984. whereby s.11 A was inserted prescribing the limitation period within which award G could be passed…
Supreme Court of India27 Mar 2012Full text
2012 INSC 150 · [2012] 5 S.C.R. 184
30. 7.2010 passed by High Court, dismissed - Subsequently, instant SLP filed challenging the order dated 19.9.,2011 -Held: High Court n'ghtly concluded vide impugned order dated 19. 9. 2011 that court could not entertain the petition having F become functus officio - Petitioner being a black-marketeer presumed that he …
Supreme Court of India11 Jan 2012Full text
2012 INSC 15 · [2012] 1 S.C.R. 136
The Board of Governors, a body vested with the power to carry out the functions and duties of Medical Council of India rejected the application filed by the H 136 MEDICAL COUNCIL OF INDIA v. JSS MEDICAL 137 COLLEGE respondent-medical college for increasing the seats for A MBBS course from 150 to 200 for the academic ye…
Also on Law on Tips: Bare Acts · Legal news and analysis