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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.
6,401–6,420 · Page 321 of 382
Supreme Court of India13 Dec 2011Full text
2011 INSC 843 · [2011] 13 S.C.R. 529
[2011] 13 (ADDL.) S.C.R. 529 M/S. KAMAL TRADING PRIVATE LIMITED (NOW KNOWN A AS MANAV INVESTMENT & TRADING CO. LTD.) v. STATE OF WEST BENGAL & ORS. (Civil Appeal No. 10878 of 2011) B. DECEMBER 13, 2011 [G.S. SINGHVI AND RANJANA PRAKASH DESAI, JJ.] Land Acquisition Act, 1894 - ss. 5A, 4 and 6 -Acquisition of premises fo…
Supreme Court of India12 Dec 2011Full text
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.
6,401–6,420 · Page 321 of 382
Supreme Court of India13 Dec 2011Full text
2011 INSC 843 · [2011] 13 S.C.R. 529
[2011] 13 (ADDL.) S.C.R. 529 M/S. KAMAL TRADING PRIVATE LIMITED (NOW KNOWN A AS MANAV INVESTMENT & TRADING CO. LTD.) v. STATE OF WEST BENGAL & ORS. (Civil Appeal No. 10878 of 2011) B. DECEMBER 13, 2011 [G.S. SINGHVI AND RANJANA PRAKASH DESAI, JJ.] Land Acquisition Act, 1894 - ss. 5A, 4 and 6 -Acquisition of premises fo…
Supreme Court of India12 Dec 2011Full text
2011 INSC 842 · [2011] 13 S.C.R. 505
CONSTITUTION OF IND/A, 1950: Article 19 (1) (a)-Right to information - Held: Right to D information which is basically founded on the right to know, is an intrinsic part of the fundamental right to free speech and expression guaranteed under Article 19 (1) (a) - Right to information is definitely a fundamental right of…
Supreme Court of India9 Dec 2011Full text
2011 INSC 841 · [2011] 13 S.C.R. 496
H 496 DISHA CONSTRUCTIONS AND ORS. v. STATE OF 497 GOA AND ANR. Allowing the appeal, the Court A HELD: 1.1. In the facts and circumstances of this case, the notice under Section 80 was admittedly given on 19th February, 2009 which was within the period of limitation and the same was received on 27th February, B 2009 an…
Supreme Court of India8 Dec 2011Full text
2011 INSC 840 · [2011] 13 S.C.R. 488
ORDER Heard Mr. Gopal Subramanium, learned amicus curiae, Mr. Sanjay Parikh, learned counsel appearing for the Jawaharlal H 490 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R A Nehru University Students' Union, Mr. A.C. Dhanda, learned counsel for Jawaharlal Nehru University (JNU) authorities and also Mr. M.L. Lahoty, l…
Supreme Court of India31 Jan 2011Full text
2011 INSC 84 · [2011] 2 S.C.R. 269
The respondent-Custodian would entertain the H application filed before the Special Court for certification VARGHESE K. JOSEPH v. CUSTODIAN & ORS. 271 of the shares and verify the claim of the appellant in A regard to the· shares and ensure payment of dividends . '-' · on those shares after certification by respondent …
Supreme Court of India7 Dec 2011Full text
2011 INSC 839 · [2011] 15 S.C.R. 540
s.482 - Inherent powers under - Scope of exercise -Applications filed uls.482 in a disposed of appeal - High Court entertained the applications, directed investigation by CBI and consequently CBI registered FIR - Held: Prohibition G contained in s.362 is absolute; after the judgment is signed, even the High Court in ex…
Supreme Court of India7 Dec 2011Full text
2011 INSC 838 · [2011] 13 S.C.R. 481
Respondent No.3 booked a consignment of monoblock pumps with the appellant for transportation from Coimbatore to respondents No.1 and 2 at Gwalior. F The truck transporting the consignment met with an accident and the monoblock pumps were damaged. Respondents No.1 and 2, therefore, did not take delivery of 198 damaged …
Supreme Court of India7 Dec 2011Full text
2011 INSC 837 · [2011] 13 S.C.R. 475
Dismissing the Special Leave Petitions, the Court B HELD: 1. The findings of the Caste Scrutiny Committee, as also that of the High Court is accepted. However, the fact is that reference was made to the Caste Scrutiny Committee in 2009, i.e. nine years after the c certificates had been issued, and there is no proper ex…
Supreme Court of India5 Dec 2011Full text
2011 INSC 836 · [2011] 15 S.C.R. 877
uld be impermissible. Even when a Master Plan is to be amended, the entire prescribed procedure must be followed. The power to amend should be exercised only in consonance with the settled norms without going beyond the original power of the Development Authority to make such Plan in accordance F with the provisions of…
Supreme Court of India5 Dec 2011Full text
2011 INSC 835 · [2011] 13 S.C.R. 459
SENTENCE/SENTENCING: Sentence uls 364A I PC - Object of - Held: The statement of objects and reasons introducing s.364A in the !PC makes it clear that cases relating to kidnapping for F ransom is a crime which cailed for a deterrent punishment, irrespective of the fact that kidnapping had not resulted in death of the v…
Supreme Court of India5 Dec 2011Full text
2011 INSC 834 · [2011] 13 S.C.R. 445
The appellant-Corporation took over a Foundry Unit C situated along with land, building, plant and machineries under Section 29 of the State Financial Corporation Act, 1951, as its original promoters defaulted in payment of its dues. The taken-over Unit was put to sale by publishing advertisement in newspapers inviting…
Supreme Court of India5 Dec 2011Full text
2011 INSC 833 · [2011] 13 S.C.R. 436
· NARINDER SINGH ARORA v. STATE (GOVT. OF NCT 437 OF DELHI) AND ORS. • - A person, trying a cause, must not only act fairly but must A be able to act above suspicion of unfairness and bias - In view of the aforesaid facts and reasons, the impugned Judgment of the High Court in Criminal Revision is set aside and the mat…
Supreme Court of India2 Dec 2011Full text
2011 INSC 832 · [2011] 13 S.C.R. 417
- Original complainant died - Special leave petition filed by 0 an Ex-Municipal Councillor with a petition for leave to file the SLP - Held: Though in express terms, Article 136 does not confer a right of appeal on a party as such, but it confers discretionary power on Supreme Court to interfere in suitable cases - In …
Supreme Court of India2 Dec 2011Full text
2011 INSC 831 · [2011] 15 S.C.R. 512
SURESH DHANUKA v. SUNITA MOHAPATRA 513 through the appellant which was later made absolute - Appeal A thereagainst, allowed by the High Court- On appeal, held: Terms of the Deed of Assignment clearly indicate that the respondent had of her own volition parted with 50% of her right, title and interest in the Trade Mark …
Supreme Court of India1 Dec 2011Full text
2011 INSC 830 · [2011] 15 S.C.R. 485
Criminal Trial - Exemption from criminal liability -Accused taking plea o( insanity - Held: A person alleged to B be suffering from any mental disorder cannot be exempted from criminal liability ipso facto - The onus would be on the accused to prove by expert evidence that he is suffering from such a mental disorder or…
Supreme Court of India31 Jan 2011Full text
2011 INSC 83 · [2011] 2 S.C.R. 261
The question which, therefore, arose for D consideration in the instant appeal was whether female members cannot be made parties in proceedings under the Domestic Violence Act, 2005, as "females" are not included in the definition of "respondent" in Section 2(q) of the said Act. E Allowing the appeal, the Court HELD:1.…
Supreme Court of India1 Dec 2011Full text
2011 INSC 829 · [2011] 15 S.C.R. 469
The respondent was appointed on the post of Assistant Professor on emergency basis under Rule G 13(5) of the Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1967 with an express condition of immediate termination of his emergency appointment, without notice, on the 469 H 470 SUPREME COURT REPO…
Supreme Court of India1 Dec 2011Full text
2011 INSC 828 · [2011] 13 S.C.R. 403
404 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R. A objectively determine the Judicial Officer's date of birth in accordance with the statutory provisions after giving an opportunity to the Judicial Officer - Impugned order is modified. Respondent moved an application for recruitment to8 the State Judicial Service for…
Supreme Court of India30 Nov 2011Full text
2011 INSC 827 · [2011] 15 S.C.R. 463
464 SUPREME COURT REPORTS [2011] 15 (ADDL.) S.C.R. A proceedings - There is no reason to quash the proceedings in which the appellants were summoned - East Punjab Urban Rent Restriction Act, 1949 - s. 13. Prakash H. Jain Vs. Marie Fernandes (2003) 8 SCC 431; Om Prakash Vs. Ashwani Kumar Bassi (2010) 9 SCC B 183 - relie…
Supreme Court of India30 Nov 2011Full text
2011 INSC 826 · [2011] 13 S.C.R. 395
Dismissing the appeal, the Court D HELD: 1.1. Section 10 of the Representation of People Act, 1951 refers to category of persons who shall be disqualified from contesting election, inter alia, of either House of Parliament. These persons are, managing E agent, manager or secretary of any company or corporation (other t…
Also on Law on Tips: Bare Acts · Legal news and analysis
2011 INSC 842 · [2011] 13 S.C.R. 505
CONSTITUTION OF IND/A, 1950: Article 19 (1) (a)-Right to information - Held: Right to D information which is basically founded on the right to know, is an intrinsic part of the fundamental right to free speech and expression guaranteed under Article 19 (1) (a) - Right to information is definitely a fundamental right of…
Supreme Court of India9 Dec 2011Full text
2011 INSC 841 · [2011] 13 S.C.R. 496
H 496 DISHA CONSTRUCTIONS AND ORS. v. STATE OF 497 GOA AND ANR. Allowing the appeal, the Court A HELD: 1.1. In the facts and circumstances of this case, the notice under Section 80 was admittedly given on 19th February, 2009 which was within the period of limitation and the same was received on 27th February, B 2009 an…
Supreme Court of India8 Dec 2011Full text
2011 INSC 840 · [2011] 13 S.C.R. 488
ORDER Heard Mr. Gopal Subramanium, learned amicus curiae, Mr. Sanjay Parikh, learned counsel appearing for the Jawaharlal H 490 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R A Nehru University Students' Union, Mr. A.C. Dhanda, learned counsel for Jawaharlal Nehru University (JNU) authorities and also Mr. M.L. Lahoty, l…
Supreme Court of India31 Jan 2011Full text
2011 INSC 84 · [2011] 2 S.C.R. 269
The respondent-Custodian would entertain the H application filed before the Special Court for certification VARGHESE K. JOSEPH v. CUSTODIAN & ORS. 271 of the shares and verify the claim of the appellant in A regard to the· shares and ensure payment of dividends . '-' · on those shares after certification by respondent …
Supreme Court of India7 Dec 2011Full text
2011 INSC 839 · [2011] 15 S.C.R. 540
s.482 - Inherent powers under - Scope of exercise -Applications filed uls.482 in a disposed of appeal - High Court entertained the applications, directed investigation by CBI and consequently CBI registered FIR - Held: Prohibition G contained in s.362 is absolute; after the judgment is signed, even the High Court in ex…
Supreme Court of India7 Dec 2011Full text
2011 INSC 838 · [2011] 13 S.C.R. 481
Respondent No.3 booked a consignment of monoblock pumps with the appellant for transportation from Coimbatore to respondents No.1 and 2 at Gwalior. F The truck transporting the consignment met with an accident and the monoblock pumps were damaged. Respondents No.1 and 2, therefore, did not take delivery of 198 damaged …
Supreme Court of India7 Dec 2011Full text
2011 INSC 837 · [2011] 13 S.C.R. 475
Dismissing the Special Leave Petitions, the Court B HELD: 1. The findings of the Caste Scrutiny Committee, as also that of the High Court is accepted. However, the fact is that reference was made to the Caste Scrutiny Committee in 2009, i.e. nine years after the c certificates had been issued, and there is no proper ex…
Supreme Court of India5 Dec 2011Full text
2011 INSC 836 · [2011] 15 S.C.R. 877
uld be impermissible. Even when a Master Plan is to be amended, the entire prescribed procedure must be followed. The power to amend should be exercised only in consonance with the settled norms without going beyond the original power of the Development Authority to make such Plan in accordance F with the provisions of…
Supreme Court of India5 Dec 2011Full text
2011 INSC 835 · [2011] 13 S.C.R. 459
SENTENCE/SENTENCING: Sentence uls 364A I PC - Object of - Held: The statement of objects and reasons introducing s.364A in the !PC makes it clear that cases relating to kidnapping for F ransom is a crime which cailed for a deterrent punishment, irrespective of the fact that kidnapping had not resulted in death of the v…
Supreme Court of India5 Dec 2011Full text
2011 INSC 834 · [2011] 13 S.C.R. 445
The appellant-Corporation took over a Foundry Unit C situated along with land, building, plant and machineries under Section 29 of the State Financial Corporation Act, 1951, as its original promoters defaulted in payment of its dues. The taken-over Unit was put to sale by publishing advertisement in newspapers inviting…
Supreme Court of India5 Dec 2011Full text
2011 INSC 833 · [2011] 13 S.C.R. 436
· NARINDER SINGH ARORA v. STATE (GOVT. OF NCT 437 OF DELHI) AND ORS. • - A person, trying a cause, must not only act fairly but must A be able to act above suspicion of unfairness and bias - In view of the aforesaid facts and reasons, the impugned Judgment of the High Court in Criminal Revision is set aside and the mat…
Supreme Court of India2 Dec 2011Full text
2011 INSC 832 · [2011] 13 S.C.R. 417
- Original complainant died - Special leave petition filed by 0 an Ex-Municipal Councillor with a petition for leave to file the SLP - Held: Though in express terms, Article 136 does not confer a right of appeal on a party as such, but it confers discretionary power on Supreme Court to interfere in suitable cases - In …
Supreme Court of India2 Dec 2011Full text
2011 INSC 831 · [2011] 15 S.C.R. 512
SURESH DHANUKA v. SUNITA MOHAPATRA 513 through the appellant which was later made absolute - Appeal A thereagainst, allowed by the High Court- On appeal, held: Terms of the Deed of Assignment clearly indicate that the respondent had of her own volition parted with 50% of her right, title and interest in the Trade Mark …
Supreme Court of India1 Dec 2011Full text
2011 INSC 830 · [2011] 15 S.C.R. 485
Criminal Trial - Exemption from criminal liability -Accused taking plea o( insanity - Held: A person alleged to B be suffering from any mental disorder cannot be exempted from criminal liability ipso facto - The onus would be on the accused to prove by expert evidence that he is suffering from such a mental disorder or…
Supreme Court of India31 Jan 2011Full text
2011 INSC 83 · [2011] 2 S.C.R. 261
The question which, therefore, arose for D consideration in the instant appeal was whether female members cannot be made parties in proceedings under the Domestic Violence Act, 2005, as "females" are not included in the definition of "respondent" in Section 2(q) of the said Act. E Allowing the appeal, the Court HELD:1.…
Supreme Court of India1 Dec 2011Full text
2011 INSC 829 · [2011] 15 S.C.R. 469
The respondent was appointed on the post of Assistant Professor on emergency basis under Rule G 13(5) of the Madhya Pradesh Educational Service (Collegiate Branch) Recruitment Rules, 1967 with an express condition of immediate termination of his emergency appointment, without notice, on the 469 H 470 SUPREME COURT REPO…
Supreme Court of India1 Dec 2011Full text
2011 INSC 828 · [2011] 13 S.C.R. 403
404 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R. A objectively determine the Judicial Officer's date of birth in accordance with the statutory provisions after giving an opportunity to the Judicial Officer - Impugned order is modified. Respondent moved an application for recruitment to8 the State Judicial Service for…
Supreme Court of India30 Nov 2011Full text
2011 INSC 827 · [2011] 15 S.C.R. 463
464 SUPREME COURT REPORTS [2011] 15 (ADDL.) S.C.R. A proceedings - There is no reason to quash the proceedings in which the appellants were summoned - East Punjab Urban Rent Restriction Act, 1949 - s. 13. Prakash H. Jain Vs. Marie Fernandes (2003) 8 SCC 431; Om Prakash Vs. Ashwani Kumar Bassi (2010) 9 SCC B 183 - relie…
Supreme Court of India30 Nov 2011Full text
2011 INSC 826 · [2011] 13 S.C.R. 395
Dismissing the appeal, the Court D HELD: 1.1. Section 10 of the Representation of People Act, 1951 refers to category of persons who shall be disqualified from contesting election, inter alia, of either House of Parliament. These persons are, managing E agent, manager or secretary of any company or corporation (other t…
Also on Law on Tips: Bare Acts · Legal news and analysis