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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.
621–640 · Page 32 of 382
Supreme Court of India3 Apr 2019Full text
2019 INSC 460 · [2019] 6 S.C.R. 402
Rule of primogeniture is not applicable to the Muslims as per the Personal Law – Entire 1948 Deed as amended in the year 1973 has to be read together to find out the process of appointment of Chief Mutawalli – At least two provisions of the 1973 Deed are that the senior most male descendant in the line of succession of…
Supreme Court of India11 Jan 2019Full text
2019 INSC 46 · [2019] 1 S.C.R. 236
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.
621–640 · Page 32 of 382
Supreme Court of India3 Apr 2019Full text
2019 INSC 460 · [2019] 6 S.C.R. 402
Rule of primogeniture is not applicable to the Muslims as per the Personal Law – Entire 1948 Deed as amended in the year 1973 has to be read together to find out the process of appointment of Chief Mutawalli – At least two provisions of the 1973 Deed are that the senior most male descendant in the line of succession of…
Supreme Court of India11 Jan 2019Full text
2019 INSC 46 · [2019] 1 S.C.R. 236
application for discharge u/s.245(2) allowed – Respondent No.2 to pay Rs.25,000/- to each appellant by way of costs for initiating frivolous litigation – Costs. Rajiv Thapar v. Madan Lal Kapoor (2013) 3 SCC 330 – referred to. H 236 SRI SURESH KUMAR GOYAL v. STATE OF UTTAR PRADESH 237 Case Law Reference A (2013) 3 SCC 3…
Supreme Court of India3 Apr 2019Full text
2019 INSC 459 · [2019] 6 S.C.R. 382
– While it is true that it was open to the reversioner to ignore the sale deed executed by the widow, as not binding on her, as far as suit for recovery of possession, the law clearly provided for a period of 12 years and the period of limitation started with the death of the G limited owner, namely, the widow in 1938 …
Supreme Court of India2 Apr 2019Full text
2019 INSC 458 · [2019] 5 S.C.R. 1169
Consumer Protection Act, 1986 – s.2(r) – Unfair and B unreasonable apartment buyer’s agreement – Held: A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder – The contractual terms of the Buyer’s Agree…
Supreme Court of India2 Apr 2019Full text
2019 INSC 457 · [2019] 6 S.C.R. 307
Banking Regulation Act, 1949 – s.35A, 35AA and 35AB – Reserve Bank of India Act, 1934 – s.45L – Reserve Bank of India issued a circular on 12.02.2018, by which RBI promulgated a revised H 307 308 SUPREME COURT REPORTS [2019] 6 S.C.R. A framework for resolution of stressed assets – According to RBI, the said circular at…
Supreme Court of India2 Apr 2019Full text
2019 INSC 456 · [2019] 5 S.C.R. 1060
being inadmissible in evidence, is not permissible – Issue of admissibility of the document/evidence would be a matter for trial – Taking into account the totality of the report made u/s.173 of CrPC, the accompanying documents and the evidence already presented to the Court, including the redacted statements of the pro…
Supreme Court of India2 Apr 2019Full text
2019 INSC 454 · [2019] 5 S.C.R. 1141
whether the plaint was barred u/s. 4 of the Act or not could not have been subject matter of assessment at the stage when application u/Or. VII r.11 was taken up – The matter required fuller and final consideration after the evidence was led by the parties – Application u/Or. VII r.11 is dismissed. E Allowing the appea…
Supreme Court of India2 Apr 2019Full text
2019 INSC 451 · [2019] 6 S.C.R. 1014
– In CAT, Chandigarh Bench, case titled Dewan Chand & Ors. vs. Union of India was filed wherein the Tribunal vide order dated 25.08.2009 quashed the seniority list and directed redrawing the seniority list – Appellant was not party to the said case – Appellant filed review petition before the Tribunal – Dismissed on 18…
Supreme Court of India11 Jan 2019Full text
2019 INSC 45 · [2019] 2 S.C.R. 571
572 SUPREME COURT REPORTS [2019] 2 S.C.R. A Disposing of the appeals, the Court HELD: 1.1 In the instant case, the sale deeds Exts.P1, P2 and P3 relied upon by the landholders pertained to lands from villages Bas Kusla and Dhana and were of the year 1997 that is after the acquisition was initiated in Pran Sukh’s case. …
Supreme Court of India2 Apr 2019Full text
2019 INSC 449 · [2019] 6 S.C.R. 1028
Dismissing the appeals, the Court G HELD: 1. In terms of the Section 1(3)(c) of the Payment of Gratuity Act, 1972, the Central Government has published a notification on 08.01.1982 and specified Local Bodies in which ten or more persons are employed, or were employed, on any H 1028 NAGAR AYUKT NAGAR NIGAM, KANPUR v. 10…
Supreme Court of India1 Apr 2019Full text
2019 INSC 448 · [2019] 5 S.C.R. 1131
1131 1132 SUPREME COURT REPORTS [2019] 5 S.C.R. A the dispute has not been proved by the prosecution. The statement of the witnesses in respect of injuries caused is not consistent. However, all the injured witnesses have consistently deposed the death of deceased by the appellant. [Paras 11 and 18][1139-A-C; 1136-E] B…
Supreme Court of India1 Apr 2019Full text
2019 INSC 447 · [2019] 2 S.C.R. 1084
Reasoned order – Non-assigning of reasons – Effect of – Held: C Every judicial or/and quasi-judicial order passed by the court/ tribunal/authority concerned, which decides the lis between the parties, must be supported with the reasons in support of its conclusion – In the absence thereof, it is not possible to know as…
Supreme Court of India1 Apr 2019Full text
2019 INSC 445 · [2019] 6 S.C.R. 378
from respondent – On delivery, the service engineer pointed out that 1000 mv/650 Watt UPS was not suitable and advised appellant to purchase 1KVA Online UPS for usage during power failure – Stand of appellant was that he got a confirmation from the manufacturer of the equipment that UPS which the appellant had D was su…
Supreme Court of India1 Apr 2019Full text
2019 INSC 444 · [2019] 6 S.C.R. 673
aside. Respondent-Complainant purchased a hydraulic excavator machine in 2004-05. The excavator was insured with the New India Assurance Company Limited (earlier insurer) from 15 Nov. 2004 to 14 Nov. 2005. Claim lodged by the respondent on the C ground that the excavator had been set on fire by Naxalites. Claim was set…
Supreme Court of India29 Mar 2019Full text
2019 INSC 438 · [2019] 5 S.C.R. 1009
1009 1010 SUPREME COURT REPORTS [2019] 5 S.C.R. A Disposing of the appeals, the Court HELD: 1.1 As per clause 43(2) of the Contract, the contractor signs a “No claim” certificate in favour of the railway in the prescribed format after the work is finally measured up and the contractor shall be debarred from disputing t…
Supreme Court of India29 Mar 2019Full text
2019 INSC 436 · [2019] 5 S.C.R. 1046
1046 SUNIL KUMAR BISWAS v. ORDINANCE FACTORY 1047 BOARD & ORS. Rajat Sharma, Subhasish Bhowmick, Advs. for the Appellant. A Ms. Aakanksha Kaul, Adit Khorana (for Mukesh Kumar Maroria), Advs. for the Respondents. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. B 1. Leave granted. 2. This appeal is dir…
Supreme Court of India29 Mar 2019Full text
2019 INSC 435 · [2019] 6 S.C.R. 467
B Vikas Singh Jangra, Amit Kumar Pathak, Advs. for the Appellant. K. K. Venugopal, Attorney General for India, R. Balasubramanian, Ms. Shraddha Deshmukh, A.K. Sharma, Mrs.Anil Katiyar, Advs. for the Respondent. The Order of the Court was passed by C N. V. RAMANA, J. 1. This Special Leave Petition has been filed against…
Supreme Court of India29 Mar 2019Full text
2019 INSC 434 · [2019] 5 S.C.R. 916
EAC is directed to revisit the conditions subject of which it had granted EC, in a time bound manner – Constitution of India – Arts. 14, 21, 51A(g) and 142 – National Green Tribunal Act, 2010 – ss. 16(h) and 20. Government of India approved setting up of an airport in CGoa in the year 2000. Ministry of Environment and …
Supreme Court of India9 Jan 2019Full text
2019 INSC 43 · [2019] 3 S.C.R. 281
[2019] 3 S.C.R. 281 281 ARUN KUMAR MANGLIK A v. CHIRAYU HEALTH AND MEDICARE PRIVATE LTD. & ANR. (Civil Appeal Nos. 227-228 of 2019) JANUARY 09, 2019 B [DR. DHANANJAYA Y. CHANDRACHUD AND HEMANT GUPTA, JJ.] Negligence: Medical Negligence – Complaint before Medical Council of C India – Alleging medical negligence leading …
Supreme Court of India29 Mar 2019Full text
2019 INSC 420 · [2019] 5 S.C.R. 535
[2019] 5 S.C.R. 535 535 PATTU RAJAN A v. THE STATE OF TAMIL NADU (Criminal Appeal Nos. 680-681 of 2009) B MARCH 29, 2019 [N.V. RAMANA, MOHAN M. SHANTANAGOUDAR, INDIRA BANERJEE, JJ.] Penal Code, 1860: s.302 – Abduction and murder of husband of complainant (PW1) – Prosecution case was that accused no.1 C wanted to take P…
Also on Law on Tips: Bare Acts · Legal news and analysis
application for discharge u/s.245(2) allowed – Respondent No.2 to pay Rs.25,000/- to each appellant by way of costs for initiating frivolous litigation – Costs. Rajiv Thapar v. Madan Lal Kapoor (2013) 3 SCC 330 – referred to. H 236 SRI SURESH KUMAR GOYAL v. STATE OF UTTAR PRADESH 237 Case Law Reference A (2013) 3 SCC 3…
Supreme Court of India3 Apr 2019Full text
2019 INSC 459 · [2019] 6 S.C.R. 382
– While it is true that it was open to the reversioner to ignore the sale deed executed by the widow, as not binding on her, as far as suit for recovery of possession, the law clearly provided for a period of 12 years and the period of limitation started with the death of the G limited owner, namely, the widow in 1938 …
Supreme Court of India2 Apr 2019Full text
2019 INSC 458 · [2019] 5 S.C.R. 1169
Consumer Protection Act, 1986 – s.2(r) – Unfair and B unreasonable apartment buyer’s agreement – Held: A term of a contract will not be final and binding if it is shown that the flat purchasers had no option but to sign on the dotted line, on a contract framed by the builder – The contractual terms of the Buyer’s Agree…
Supreme Court of India2 Apr 2019Full text
2019 INSC 457 · [2019] 6 S.C.R. 307
Banking Regulation Act, 1949 – s.35A, 35AA and 35AB – Reserve Bank of India Act, 1934 – s.45L – Reserve Bank of India issued a circular on 12.02.2018, by which RBI promulgated a revised H 307 308 SUPREME COURT REPORTS [2019] 6 S.C.R. A framework for resolution of stressed assets – According to RBI, the said circular at…
Supreme Court of India2 Apr 2019Full text
2019 INSC 456 · [2019] 5 S.C.R. 1060
being inadmissible in evidence, is not permissible – Issue of admissibility of the document/evidence would be a matter for trial – Taking into account the totality of the report made u/s.173 of CrPC, the accompanying documents and the evidence already presented to the Court, including the redacted statements of the pro…
Supreme Court of India2 Apr 2019Full text
2019 INSC 454 · [2019] 5 S.C.R. 1141
whether the plaint was barred u/s. 4 of the Act or not could not have been subject matter of assessment at the stage when application u/Or. VII r.11 was taken up – The matter required fuller and final consideration after the evidence was led by the parties – Application u/Or. VII r.11 is dismissed. E Allowing the appea…
Supreme Court of India2 Apr 2019Full text
2019 INSC 451 · [2019] 6 S.C.R. 1014
– In CAT, Chandigarh Bench, case titled Dewan Chand & Ors. vs. Union of India was filed wherein the Tribunal vide order dated 25.08.2009 quashed the seniority list and directed redrawing the seniority list – Appellant was not party to the said case – Appellant filed review petition before the Tribunal – Dismissed on 18…
Supreme Court of India11 Jan 2019Full text
2019 INSC 45 · [2019] 2 S.C.R. 571
572 SUPREME COURT REPORTS [2019] 2 S.C.R. A Disposing of the appeals, the Court HELD: 1.1 In the instant case, the sale deeds Exts.P1, P2 and P3 relied upon by the landholders pertained to lands from villages Bas Kusla and Dhana and were of the year 1997 that is after the acquisition was initiated in Pran Sukh’s case. …
Supreme Court of India2 Apr 2019Full text
2019 INSC 449 · [2019] 6 S.C.R. 1028
Dismissing the appeals, the Court G HELD: 1. In terms of the Section 1(3)(c) of the Payment of Gratuity Act, 1972, the Central Government has published a notification on 08.01.1982 and specified Local Bodies in which ten or more persons are employed, or were employed, on any H 1028 NAGAR AYUKT NAGAR NIGAM, KANPUR v. 10…
Supreme Court of India1 Apr 2019Full text
2019 INSC 448 · [2019] 5 S.C.R. 1131
1131 1132 SUPREME COURT REPORTS [2019] 5 S.C.R. A the dispute has not been proved by the prosecution. The statement of the witnesses in respect of injuries caused is not consistent. However, all the injured witnesses have consistently deposed the death of deceased by the appellant. [Paras 11 and 18][1139-A-C; 1136-E] B…
Supreme Court of India1 Apr 2019Full text
2019 INSC 447 · [2019] 2 S.C.R. 1084
Reasoned order – Non-assigning of reasons – Effect of – Held: C Every judicial or/and quasi-judicial order passed by the court/ tribunal/authority concerned, which decides the lis between the parties, must be supported with the reasons in support of its conclusion – In the absence thereof, it is not possible to know as…
Supreme Court of India1 Apr 2019Full text
2019 INSC 445 · [2019] 6 S.C.R. 378
from respondent – On delivery, the service engineer pointed out that 1000 mv/650 Watt UPS was not suitable and advised appellant to purchase 1KVA Online UPS for usage during power failure – Stand of appellant was that he got a confirmation from the manufacturer of the equipment that UPS which the appellant had D was su…
Supreme Court of India1 Apr 2019Full text
2019 INSC 444 · [2019] 6 S.C.R. 673
aside. Respondent-Complainant purchased a hydraulic excavator machine in 2004-05. The excavator was insured with the New India Assurance Company Limited (earlier insurer) from 15 Nov. 2004 to 14 Nov. 2005. Claim lodged by the respondent on the C ground that the excavator had been set on fire by Naxalites. Claim was set…
Supreme Court of India29 Mar 2019Full text
2019 INSC 438 · [2019] 5 S.C.R. 1009
1009 1010 SUPREME COURT REPORTS [2019] 5 S.C.R. A Disposing of the appeals, the Court HELD: 1.1 As per clause 43(2) of the Contract, the contractor signs a “No claim” certificate in favour of the railway in the prescribed format after the work is finally measured up and the contractor shall be debarred from disputing t…
Supreme Court of India29 Mar 2019Full text
2019 INSC 436 · [2019] 5 S.C.R. 1046
1046 SUNIL KUMAR BISWAS v. ORDINANCE FACTORY 1047 BOARD & ORS. Rajat Sharma, Subhasish Bhowmick, Advs. for the Appellant. A Ms. Aakanksha Kaul, Adit Khorana (for Mukesh Kumar Maroria), Advs. for the Respondents. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. B 1. Leave granted. 2. This appeal is dir…
Supreme Court of India29 Mar 2019Full text
2019 INSC 435 · [2019] 6 S.C.R. 467
B Vikas Singh Jangra, Amit Kumar Pathak, Advs. for the Appellant. K. K. Venugopal, Attorney General for India, R. Balasubramanian, Ms. Shraddha Deshmukh, A.K. Sharma, Mrs.Anil Katiyar, Advs. for the Respondent. The Order of the Court was passed by C N. V. RAMANA, J. 1. This Special Leave Petition has been filed against…
Supreme Court of India29 Mar 2019Full text
2019 INSC 434 · [2019] 5 S.C.R. 916
EAC is directed to revisit the conditions subject of which it had granted EC, in a time bound manner – Constitution of India – Arts. 14, 21, 51A(g) and 142 – National Green Tribunal Act, 2010 – ss. 16(h) and 20. Government of India approved setting up of an airport in CGoa in the year 2000. Ministry of Environment and …
Supreme Court of India9 Jan 2019Full text
2019 INSC 43 · [2019] 3 S.C.R. 281
[2019] 3 S.C.R. 281 281 ARUN KUMAR MANGLIK A v. CHIRAYU HEALTH AND MEDICARE PRIVATE LTD. & ANR. (Civil Appeal Nos. 227-228 of 2019) JANUARY 09, 2019 B [DR. DHANANJAYA Y. CHANDRACHUD AND HEMANT GUPTA, JJ.] Negligence: Medical Negligence – Complaint before Medical Council of C India – Alleging medical negligence leading …
Supreme Court of India29 Mar 2019Full text
2019 INSC 420 · [2019] 5 S.C.R. 535
[2019] 5 S.C.R. 535 535 PATTU RAJAN A v. THE STATE OF TAMIL NADU (Criminal Appeal Nos. 680-681 of 2009) B MARCH 29, 2019 [N.V. RAMANA, MOHAN M. SHANTANAGOUDAR, INDIRA BANERJEE, JJ.] Penal Code, 1860: s.302 – Abduction and murder of husband of complainant (PW1) – Prosecution case was that accused no.1 C wanted to take P…
Also on Law on Tips: Bare Acts · Legal news and analysis