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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.
6,321–6,340 · Page 317 of 382
Supreme Court of India27 Mar 2012Full text
2012 INSC 149 · [2012] 5 S.C.R. 177
- Supreme Court has passed an order of status quo relating to promotional posts in certain civil appeals which is still in force - Thus, a regular promotion cannot take place and, the direction of the High Court to hold regular selection within two G months is untenable - Considering the sensitive nature of the post an…
Supreme Court of India26 Mar 2012Full text
2012 INSC 148 · [2012] 5 S.C.R. 141
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.
6,321–6,340 · Page 317 of 382
Supreme Court of India27 Mar 2012Full text
2012 INSC 149 · [2012] 5 S.C.R. 177
- Supreme Court has passed an order of status quo relating to promotional posts in certain civil appeals which is still in force - Thus, a regular promotion cannot take place and, the direction of the High Court to hold regular selection within two G months is untenable - Considering the sensitive nature of the post an…
Supreme Court of India26 Mar 2012Full text
2012 INSC 148 · [2012] 5 S.C.R. 141
The question which arose for consideration in the instant appeals was whether the High Court committed an error by quashing Resolution dated 28.8.1991 passed by the Corporation and the sanction accorded by the H SAROJ SCREENS PVT. LTD. v. GHANSHYAM 143 State Government under Section 70(5) of the City of A Nagpur Corpor…
Supreme Court of India23 Mar 2012Full text
2012 INSC 147 · [2012] 3 S.C.R. 898
HEINZ !NOIA PVT. LTD. & ANR. v. STATE OF U.P. & 899 ORS. s. 2(h) - 'Director' - Held: It is manifest from a plain A reading of s.2(h) that the expression 'Director' wherever used in the Act including s. 33 thereof includes an officer authorised by the Director to perform all or any of his functions under the Act. B s.1…
Supreme Court of India23 Mar 2012Full text
2012 INSC 146 · [2012] 2 S.C.R. 571
- approach Supreme Court directly under Section 31(1) rlw s. o 31(2). lnterpretion of Statutes: Each word used in an enactment, howsoever significant or insignificant, must be allowed to play its role in achieving E the legislative intent and promoting legislative object. Every clause of a statute should be construed w…
Supreme Court of India23 Mar 2012Full text
2012 INSC 145 · [2012] 2 S.C.R. 564
Ansar Ahmad Chaudhary for the Appellant. c V.J. Francis, Anupam Mishra for the Respondents. The Judgment of the Court was delivered by :r.s. THAKUR, J. 1. This appeal by special leave assails D the correctness of the judgment and order dated 2nd December, 2003 passed by the High Court of Judicature for Rajasthan at Jod…
Supreme Court of India22 Mar 2012Full text
2012 INSC 144 · [2012] 3 S.C.R. 887
[2012) 3 S.C.R. 887 PROMODE DEY A v. STATE OF WEST BENGAL (Criminal Appeal No. 405 of 2008) MARCH 22, 2012 B [A.K. PATNAIK AND SWATANTER KUMAR, JJ.] Penal Code, 1860 - s. 302 - Murder- Child witness PW2 - Conviction by trial court - Upheld by High Court -Justification - Held: PW2 gave a very natural account of the c in…
Supreme Court of India22 Mar 2012Full text
2012 INSC 143 · [2012] 2 S.C.R. 546
[2012] 2 S.C.R. 546 A SAYED DARAIN A.HSAN @ DARAIN v. STATE OF WEST BENGAL & ANR. (Criminal Appeal No. 1195 of 2006) MARCH 22, 2012B [A.K. PATNAIK AND SWATANTER KUMAR, JJ.] IND/AN PENAL CODE, 1860: c s.302134 - Victim stated to have been shot dead by 8-10 persons - Two accused prosecuted and convicted and sentenced to …
Supreme Court of India22 Mar 2012Full text
2012 INSC 142 · [2012] 5 S.C.R. 131
131 H 132 SUPREME COURT REPORTS [2012] 5 S.C.R. A Appellants filed an application before the Commissioner of Sugar alleging that respondent Sugar Factory had enrolled persons who did not fulfill the required criteria and were ineligible from becoming members of the factory. The Commissioner or his B subordinates did no…
Supreme Court of India21 Mar 2012Full text
2012 INSC 141 · [2012] 2 S.C.R. 525
H RAM DHAR! JINDAL MEMORIAL TRUST v. UNION 527 OF INDIA HELD: 1. If the government seeks to invoke its power A of urgency, it has to first form the opinion that the land for the stated public purpose is urgently needed. Such opinion has to be founded on the need for immediate possession of the land for carrying out the…
Supreme Court of India21 Mar 2012Full text
2012 INSC 140 · [2012] 3 S.C.R. 841
841 H 842 SUPREME COURT REPORTS [2012] 3 S.C.R. A Grant or refusal of injunction - Governing principles -Discussed. ADMINISTRATION OF JUSTICE: Truth as guiding star in judicial process - Held: Truth alone has to be the foundation of justice - Court must discharge its statutory8 functions-whether discretionary or obliga…
Supreme Court of India11 Jan 2012Full text
2012 INSC 14 · [2012] 1 S.C.R. 128
(2012) 1 S.C.R. 128 A N.C. DAS v. GAUHATI HIGH COURT THR. REGISTRAR & ORS. (Writ Petition (Civil) No(s). 31 of 2004) JANUARY 11, 2012B [R.M. LODHA AND H.L GOKHALE, JJ.] SERVICE LAW: c Promotion - Denial of - Judicial service - Member of Tripura Judicial Service (Grade-I/) - Critaria for promotion being merit-cum-senior…
Supreme Court of India19 Mar 2012Full text
2012 INSC 139 · [2012] 2 S.C.R. 512
STATE OF ORISSA & ORS. v. UJJAL KUMAR 513 BU ROHAN quashed by the impugned judgment -. ft seems incongruous A that in the first instance the court set into motion the process of law only to ultimately quash it on the specious plea that it would cause unnecessary embarrassment to the respondent - High Court's interferen…
Supreme Court of India19 Mar 2012Full text
2012 INSC 138 · [2012] 5 S.C.R. 118
B The order of the Court was delivered ORDER 1. Delay condoned. 2. Leave granted. c 3. Feeling dissatisfied with the nominal enhancement granted by the High Court in the amount of compensation awarded by the Motor Accident Claim Tribunal, Maddur (Karnataka) in M.V.C.No.106/2003, the appellant has filed this D appeal. 4…
Supreme Court of India16 Mar 2012Full text
2012 INSC 137 · [2012] 2 S.C.R. 492
G Expression "if confirmed" as occurring in r.4. 9 of Lawrence School Lovedale {Nilgiris) Rules - Connotation of - Explained. 492H HEAD MASTER, LAWRENCE SCHOOL LOVEDALE 493 v. JAYANTHI RAGHU & ANR. Respondent no. 1 was appointed as a teacher in the A appellant School with effect from 1.9.1993 under an appointment lette…
Supreme Court of India16 Mar 2012Full text
2012 INSC 136 · [2012] 2 S.C.R. 478
HARDEEP KAUR v. MALKIAT KAUR 479 the provisions contained in Section 100 CPC. [Para 10) A [484-H; 485-A-D] 2. The High Court ignored and overlooked the mandatory requirement of the secohd appellate jurisdiction as provided in Section 100 CPC and that 8vitiates its decision as no substantial question of law was framed a…
Supreme Court of India15 Mar 2012Full text
2012 INSC 135 · [2012] 5 S.C.R. 67
Evidence - Police officer as sole eye-witness - Evidentiary value of - Held: Testimony of police officer can be relied upon and form basis of conviction when such witness is reliable, trustworthy, cogent and duly corroborated by other witnesses G or admissible evidences - It cannot be discarded only on the ground that …
Supreme Court of India15 Mar 2012Full text
2012 INSC 134 · [2012] 2 S.C.R. 433
[2012] 2 S.C.R. 433 N.K. BAJPAI A v. UNION OF INDIA AND ANR. (Civil Appeal No. 2850 of 2012) MARCH 15, 2012 B [A.K. PATNAIK AND SWATANTER KUMAR, JJ.) Customs Act, 1962 - s. 129 (6) - Restrictions under -Constitutional validity of - Held: The restrictions imposed u/ s. 129(6) is not unreasonable or ultra vires the Const…
Supreme Court of India15 Mar 2012Full text
2012 INSC 133 · [2012] 5 S.C.R. 37
[2012] 5 S.C.R. 37 BHAJJU @ KARAN SINGH A v. STATE OF M.P. (Criminal Appeal No. 301 of 2008) MARCH 15, 2012 B [A.K. PATNAIK AND SWATANTER KUMAR, JJ.] Penal Code, 1860 - s.302 - Murder - Prosecution case that appellant poured kerosene oil on his wife, and set her ablaze with the help of a match stick - Appellant's wife …
Supreme Court of India14 Mar 2012Full text
2012 INSC 132 · [2012] 3 S.C.R. 826
[2012] 3 S.C.R. 826 A ASHOK SADARANGANI & ANR. v. UNION OF !NOIA & ORS. (Writ Petition (Crl.) No. 26 of 2011) MARCH 14, 2012 B . [ALTAMAS KABIR AND J. CHELAMESWAR, JJ.] CONSTITUTION OF IND/A, 1950: Article 142 - Extra-ordinary powers of the Supreme Court to quash the criminal C proceedings - Dispute between banks and p…
Supreme Court of India14 Mar 2012Full text
2012 INSC 131 · [2012] 5 S.C.R. 16
18 SUPREME COURT REPORTS [2012) 5 S.C.R. A Central Government for grant of adequate iron ore reserves to meet the requirements of the appellants in their steel plant - Doctrines - Doctrine of legitimate expectation. Appellant-company [Bhushan Limited (now B Bhushan Power & Steel Ltd. - BPSL)], with the intention of set…
Also on Law on Tips: Bare Acts · Legal news and analysis
The question which arose for consideration in the instant appeals was whether the High Court committed an error by quashing Resolution dated 28.8.1991 passed by the Corporation and the sanction accorded by the H SAROJ SCREENS PVT. LTD. v. GHANSHYAM 143 State Government under Section 70(5) of the City of A Nagpur Corpor…
Supreme Court of India23 Mar 2012Full text
2012 INSC 147 · [2012] 3 S.C.R. 898
HEINZ !NOIA PVT. LTD. & ANR. v. STATE OF U.P. & 899 ORS. s. 2(h) - 'Director' - Held: It is manifest from a plain A reading of s.2(h) that the expression 'Director' wherever used in the Act including s. 33 thereof includes an officer authorised by the Director to perform all or any of his functions under the Act. B s.1…
Supreme Court of India23 Mar 2012Full text
2012 INSC 146 · [2012] 2 S.C.R. 571
- approach Supreme Court directly under Section 31(1) rlw s. o 31(2). lnterpretion of Statutes: Each word used in an enactment, howsoever significant or insignificant, must be allowed to play its role in achieving E the legislative intent and promoting legislative object. Every clause of a statute should be construed w…
Supreme Court of India23 Mar 2012Full text
2012 INSC 145 · [2012] 2 S.C.R. 564
Ansar Ahmad Chaudhary for the Appellant. c V.J. Francis, Anupam Mishra for the Respondents. The Judgment of the Court was delivered by :r.s. THAKUR, J. 1. This appeal by special leave assails D the correctness of the judgment and order dated 2nd December, 2003 passed by the High Court of Judicature for Rajasthan at Jod…
Supreme Court of India22 Mar 2012Full text
2012 INSC 144 · [2012] 3 S.C.R. 887
[2012) 3 S.C.R. 887 PROMODE DEY A v. STATE OF WEST BENGAL (Criminal Appeal No. 405 of 2008) MARCH 22, 2012 B [A.K. PATNAIK AND SWATANTER KUMAR, JJ.] Penal Code, 1860 - s. 302 - Murder- Child witness PW2 - Conviction by trial court - Upheld by High Court -Justification - Held: PW2 gave a very natural account of the c in…
Supreme Court of India22 Mar 2012Full text
2012 INSC 143 · [2012] 2 S.C.R. 546
[2012] 2 S.C.R. 546 A SAYED DARAIN A.HSAN @ DARAIN v. STATE OF WEST BENGAL & ANR. (Criminal Appeal No. 1195 of 2006) MARCH 22, 2012B [A.K. PATNAIK AND SWATANTER KUMAR, JJ.] IND/AN PENAL CODE, 1860: c s.302134 - Victim stated to have been shot dead by 8-10 persons - Two accused prosecuted and convicted and sentenced to …
Supreme Court of India22 Mar 2012Full text
2012 INSC 142 · [2012] 5 S.C.R. 131
131 H 132 SUPREME COURT REPORTS [2012] 5 S.C.R. A Appellants filed an application before the Commissioner of Sugar alleging that respondent Sugar Factory had enrolled persons who did not fulfill the required criteria and were ineligible from becoming members of the factory. The Commissioner or his B subordinates did no…
Supreme Court of India21 Mar 2012Full text
2012 INSC 141 · [2012] 2 S.C.R. 525
H RAM DHAR! JINDAL MEMORIAL TRUST v. UNION 527 OF INDIA HELD: 1. If the government seeks to invoke its power A of urgency, it has to first form the opinion that the land for the stated public purpose is urgently needed. Such opinion has to be founded on the need for immediate possession of the land for carrying out the…
Supreme Court of India21 Mar 2012Full text
2012 INSC 140 · [2012] 3 S.C.R. 841
841 H 842 SUPREME COURT REPORTS [2012] 3 S.C.R. A Grant or refusal of injunction - Governing principles -Discussed. ADMINISTRATION OF JUSTICE: Truth as guiding star in judicial process - Held: Truth alone has to be the foundation of justice - Court must discharge its statutory8 functions-whether discretionary or obliga…
Supreme Court of India11 Jan 2012Full text
2012 INSC 14 · [2012] 1 S.C.R. 128
(2012) 1 S.C.R. 128 A N.C. DAS v. GAUHATI HIGH COURT THR. REGISTRAR & ORS. (Writ Petition (Civil) No(s). 31 of 2004) JANUARY 11, 2012B [R.M. LODHA AND H.L GOKHALE, JJ.] SERVICE LAW: c Promotion - Denial of - Judicial service - Member of Tripura Judicial Service (Grade-I/) - Critaria for promotion being merit-cum-senior…
Supreme Court of India19 Mar 2012Full text
2012 INSC 139 · [2012] 2 S.C.R. 512
STATE OF ORISSA & ORS. v. UJJAL KUMAR 513 BU ROHAN quashed by the impugned judgment -. ft seems incongruous A that in the first instance the court set into motion the process of law only to ultimately quash it on the specious plea that it would cause unnecessary embarrassment to the respondent - High Court's interferen…
Supreme Court of India19 Mar 2012Full text
2012 INSC 138 · [2012] 5 S.C.R. 118
B The order of the Court was delivered ORDER 1. Delay condoned. 2. Leave granted. c 3. Feeling dissatisfied with the nominal enhancement granted by the High Court in the amount of compensation awarded by the Motor Accident Claim Tribunal, Maddur (Karnataka) in M.V.C.No.106/2003, the appellant has filed this D appeal. 4…
Supreme Court of India16 Mar 2012Full text
2012 INSC 137 · [2012] 2 S.C.R. 492
G Expression "if confirmed" as occurring in r.4. 9 of Lawrence School Lovedale {Nilgiris) Rules - Connotation of - Explained. 492H HEAD MASTER, LAWRENCE SCHOOL LOVEDALE 493 v. JAYANTHI RAGHU & ANR. Respondent no. 1 was appointed as a teacher in the A appellant School with effect from 1.9.1993 under an appointment lette…
Supreme Court of India16 Mar 2012Full text
2012 INSC 136 · [2012] 2 S.C.R. 478
HARDEEP KAUR v. MALKIAT KAUR 479 the provisions contained in Section 100 CPC. [Para 10) A [484-H; 485-A-D] 2. The High Court ignored and overlooked the mandatory requirement of the secohd appellate jurisdiction as provided in Section 100 CPC and that 8vitiates its decision as no substantial question of law was framed a…
Supreme Court of India15 Mar 2012Full text
2012 INSC 135 · [2012] 5 S.C.R. 67
Evidence - Police officer as sole eye-witness - Evidentiary value of - Held: Testimony of police officer can be relied upon and form basis of conviction when such witness is reliable, trustworthy, cogent and duly corroborated by other witnesses G or admissible evidences - It cannot be discarded only on the ground that …
Supreme Court of India15 Mar 2012Full text
2012 INSC 134 · [2012] 2 S.C.R. 433
[2012] 2 S.C.R. 433 N.K. BAJPAI A v. UNION OF INDIA AND ANR. (Civil Appeal No. 2850 of 2012) MARCH 15, 2012 B [A.K. PATNAIK AND SWATANTER KUMAR, JJ.) Customs Act, 1962 - s. 129 (6) - Restrictions under -Constitutional validity of - Held: The restrictions imposed u/ s. 129(6) is not unreasonable or ultra vires the Const…
Supreme Court of India15 Mar 2012Full text
2012 INSC 133 · [2012] 5 S.C.R. 37
[2012] 5 S.C.R. 37 BHAJJU @ KARAN SINGH A v. STATE OF M.P. (Criminal Appeal No. 301 of 2008) MARCH 15, 2012 B [A.K. PATNAIK AND SWATANTER KUMAR, JJ.] Penal Code, 1860 - s.302 - Murder - Prosecution case that appellant poured kerosene oil on his wife, and set her ablaze with the help of a match stick - Appellant's wife …
Supreme Court of India14 Mar 2012Full text
2012 INSC 132 · [2012] 3 S.C.R. 826
[2012] 3 S.C.R. 826 A ASHOK SADARANGANI & ANR. v. UNION OF !NOIA & ORS. (Writ Petition (Crl.) No. 26 of 2011) MARCH 14, 2012 B . [ALTAMAS KABIR AND J. CHELAMESWAR, JJ.] CONSTITUTION OF IND/A, 1950: Article 142 - Extra-ordinary powers of the Supreme Court to quash the criminal C proceedings - Dispute between banks and p…
Supreme Court of India14 Mar 2012Full text
2012 INSC 131 · [2012] 5 S.C.R. 16
18 SUPREME COURT REPORTS [2012) 5 S.C.R. A Central Government for grant of adequate iron ore reserves to meet the requirements of the appellants in their steel plant - Doctrines - Doctrine of legitimate expectation. Appellant-company [Bhushan Limited (now B Bhushan Power & Steel Ltd. - BPSL)], with the intention of set…
Also on Law on Tips: Bare Acts · Legal news and analysis