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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.
6,421–6,440 · Page 322 of 382
Supreme Court of India29 Nov 2011Full text
2011 INSC 825 · [2011] 14 S.C.R. 1204
DIRECTORATE OF ENFORCEMENT were seeking to invoke s. 5 which cannot be pressed into A service in view of the language of s.35 of the FEMA -Moreover, appellants were well conversant with various statutory provisions including FEMA because several civil and criminal cases were pending against them and they had engaged a …
Supreme Court of India28 Nov 2011Full text
2011 INSC 824 · [2011] 15 S.C.R. 447
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.
6,421–6,440 · Page 322 of 382
Supreme Court of India29 Nov 2011Full text
2011 INSC 825 · [2011] 14 S.C.R. 1204
DIRECTORATE OF ENFORCEMENT were seeking to invoke s. 5 which cannot be pressed into A service in view of the language of s.35 of the FEMA -Moreover, appellants were well conversant with various statutory provisions including FEMA because several civil and criminal cases were pending against them and they had engaged a …
Supreme Court of India28 Nov 2011Full text
2011 INSC 824 · [2011] 15 S.C.R. 447
1.3. The "award" of the Lok Adalat does not mean any independent verdict or opinion arrived at by any decision making process. The making of the award is merely an 8 administrative act of incorporating the terms of settlement or compromise agreed by the parties in the presence of the Lok Adalat, in the form of an execu…
Supreme Court of India28 Nov 2011Full text
2011 INSC 823 · [2011] 13 S.C.R. 387
F Personal appearance of complainant - Exemption granted - Complaint dismissed by trial court for default -Held: Trial court erred in holding that since the complainant had been appearing in person despite the order exempting him from personal appearance the said exemption order G become redundant and the complainant s…
Supreme Court of India25 Nov 2011Full text
2011 INSC 822 · [2011] 13 S.C.R. 359
Thereafter the petitioner filed the instant application. The stand of the respondent was that the MOU dated H 25.9.2007 expired on 31.12.2007, as it related to the "Test REVA ELECTRIC CAR CO. P. LTD. v. GREEN MOBIL 361 and Trial period" which came to end on 31.12.2007 after A which the parties decided to enter into a d…
Supreme Court of India25 Nov 2011Full text
2011 INSC 821 · [2011] 13 S.C.R. 347
Words and phrases:· Word 'slaughter' - Meaning of The prosecution case was that on receipt of secret information that the accused persons were slaughtering F cows in their hoUse, a raid was conducted. On seeing the police party, both the accused persons scaled the wall and fled away from their house by taking advantage…
Supreme Court of India25 Nov 2011Full text
2011 INSC 820 · [2011] 14 S.C.R. 1141
1142 SUPREME COURT REPORTS [2011] 14 (ADDL.) S.C.R. A nullity as it was delivered by a Judge who never heard the matter; that the predecessor Judge fixed the date for pronouncement of judgment but she never delivered judgment - Held: Defendants, having lost their privilege of cross-examining the plaintiff's witnesses a…
Supreme Court of India28 Jan 2011Full text
2011 INSC 82 · [2011] 1 S.C.R. 579
ORDER 1. Heard learned counsel for the parties. E 2. This Writ Petition under Article 32 of the Constitution had been initially filed challenging the constitutional validity of the Haj Committee Act 1959, but thereafter by an amendment + application the Haj Committee Act of 2002 which replaced the 1959 Act, has been ch…
Supreme Court of India23 Nov 2011Full text
2011 INSC 818 · [2011] 13 S.C.R. 295
296 SUPREME COURT REPORTS [2011) 13 (ADDL.) S.C.R. A of an agreement is lawful, unless the consideration or object of an agreement is of such a nature that, if permitted, it would defeat the provision of law and in such a case the consideration or object is unlawful and the agreement is void - It is thus clear that the…
Supreme Court of India23 Nov 2011Full text
2011 INSC 817 · [2011] 13 S.C.R. 289
290 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R. A exempting him from the training. He was declared as a deserter with effect from 19.06.1978 and was dismissed from service with effect from 20.10.1981 by the Brigade Commander. The appellant filed a writ petition challenging the order of dismissal and claimed pension.…
Supreme Court of India23 Nov 2011Full text
2011 INSC 816 · [2011] 14 S.C.R. 1113
[2011) 14 (ADDL.) S.C.R. 1113 RAGHBIR SINGH SEHRAWAT A v. STATE OF HARYANA AND OTHERS (Civil Appeal Nos. 10080-10081 of 2011) NOVEMBER 23, 2011 B [G.S. SINGHVI AND SUDHANSU JYOTI . MUKHOPADHAYA, JJ.] Land Acquisition Act, 1894: c ss. 4(1), 6(1), 5A(2) and 9 - Acquisition of agricultural land - Issuance of notification …
Supreme Court of India22 Nov 2011Full text
2011 INSC 815 · [2011] 15 S.C.R. 414
G Development Authority issued a preliminary Notification under Section 15(1) of the City Improvement Trust Board Act, 1976 for acquisition of land for raising a residential layout. After seven years final notification was issued and the land of the appellants falling in the H 416 SUPREME COURT REPORTS (2011) 15 (ADDL.…
Supreme Court of India22 Nov 2011Full text
2011 INSC 814 · [2011] 13 S.C.R. 268
In the instant appeals it was contended for ~he appellant, inter-alia, that the Special Court had no D jurisdiction and authority to grant pardon at the investigation stage before the filing of the charge sheet and, as such, the pardon was not granted after following the proper procedure. E Dismissing the appeals, the …
Supreme Court of India22 Nov 2011Full text
2011 INSC 813 · [2011] 13 S.C.R. 260
The appellant was prosecuted for the offences punishable under Section 13(2) read with Section 13(1)(d) F and 13(1)(a) of the Prevention of Corruption Act, 1988. The sanctioning authority granted sanction to prosecute the appellant for these offences. After the sanction order was challenged by the appellant in the High…
Supreme Court of India22 Nov 2011Full text
2011 INSC 812 · [2011] 13 S.C.R. 247
Two FIRs in respect of the same incident - Held: Filing of another FIR in respect of the same incident having a G different version of events is permissible. Two FIRs were registered in respect of an incident in which one 'GS', the nephew of the appellant, died in 247 H 248 SUPREME COURT REPORTS (2011] 13 (ADDL.) S.C.R…
Supreme Court of India18 Nov 2011Full text
2011 INSC 811 · [2011] 13 S.C.R. 236
H 236 SUNIL KR. GHOSH & ORS. v. K. RAM CHANDRAN & 237 ORS. P.I. Company introduced Voluntary Retirement A Scheme (VRS) for its workmen in the year 1997. The next year, the Company informed the workers about the transfer of ownership of its factory to 'K' Company. Appellant-workers filed an application under Section 10(…
Supreme Court of India18 Nov 2011Full text
2011 INSC 810 · [2011] 13 S.C.R. 214
[2011) 13 (ADDL.) S.C.R 214 A M/S. DEWAN CHAND BUILDERS & CONTRACTORS. v. UNION OF INDIA & ORS. (Civil Appeal No. 1830 of 2008) NOVEMBER 18, 20118 [D.K. JAIN AND ASOK KUMAR GANGULY, JJ.] The Building and other Construction Workers Welfare Gess Act, 1996 - The Building and other Construction C Workers (Regulation of Emp…
Supreme Court of India28 Jan 2011Full text
2011 INSC 81 · [2011] 2 S.C.R. 250
Dismissing the appeal, the Court HELD: 1.1 A Writ Petition was filed before the Single Judge of the High Court. The appellants were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat. E Such kind of bl…
Supreme Court of India18 Nov 2011Full text
2011 INSC 809 · [2011] 14 S.C.R. 1089
1089 H 1090 SUPREME COURT REPORTS [2011) 14 (ADDL.} S.C.R. A Dismissal from service - Workman found guilty of theft and imposed punishment of dismissal - However in the criminal case he was acquitted of all the charges - Plea of reinstatement - Held: The question of considering reinstatement after the decision of acqui…
Supreme Court of India17 Nov 2011Full text
2011 INSC 808 · [2011] 15 S.C.R. 843
Dismissing the appeals, the Court HELD:1. From the submissions made on behalf of F the respective parties, what ultimately emerges for decision is whether the management of Air India was entitled to alter the service conditions of Flight Pursers and Air Hostesses, despite several bilateral agreements arrived at between…
Supreme Court of India17 Nov 2011Full text
2011 INSC 807 · [2011] 15 S.C.R. 404
Disposing of the appeal, the Court Held: 1.1. The Resolution dated 187.2007 provides for procedure and guidelines for employment on contract basis in two contingencies, namely, (i) in a case of delay G in regular employment against the sanctioned posts, but such appointment has to be for a short period and in no case, …
Also on Law on Tips: Bare Acts · Legal news and analysis
1.3. The "award" of the Lok Adalat does not mean any independent verdict or opinion arrived at by any decision making process. The making of the award is merely an 8 administrative act of incorporating the terms of settlement or compromise agreed by the parties in the presence of the Lok Adalat, in the form of an execu…
Supreme Court of India28 Nov 2011Full text
2011 INSC 823 · [2011] 13 S.C.R. 387
F Personal appearance of complainant - Exemption granted - Complaint dismissed by trial court for default -Held: Trial court erred in holding that since the complainant had been appearing in person despite the order exempting him from personal appearance the said exemption order G become redundant and the complainant s…
Supreme Court of India25 Nov 2011Full text
2011 INSC 822 · [2011] 13 S.C.R. 359
Thereafter the petitioner filed the instant application. The stand of the respondent was that the MOU dated H 25.9.2007 expired on 31.12.2007, as it related to the "Test REVA ELECTRIC CAR CO. P. LTD. v. GREEN MOBIL 361 and Trial period" which came to end on 31.12.2007 after A which the parties decided to enter into a d…
Supreme Court of India25 Nov 2011Full text
2011 INSC 821 · [2011] 13 S.C.R. 347
Words and phrases:· Word 'slaughter' - Meaning of The prosecution case was that on receipt of secret information that the accused persons were slaughtering F cows in their hoUse, a raid was conducted. On seeing the police party, both the accused persons scaled the wall and fled away from their house by taking advantage…
Supreme Court of India25 Nov 2011Full text
2011 INSC 820 · [2011] 14 S.C.R. 1141
1142 SUPREME COURT REPORTS [2011] 14 (ADDL.) S.C.R. A nullity as it was delivered by a Judge who never heard the matter; that the predecessor Judge fixed the date for pronouncement of judgment but she never delivered judgment - Held: Defendants, having lost their privilege of cross-examining the plaintiff's witnesses a…
Supreme Court of India28 Jan 2011Full text
2011 INSC 82 · [2011] 1 S.C.R. 579
ORDER 1. Heard learned counsel for the parties. E 2. This Writ Petition under Article 32 of the Constitution had been initially filed challenging the constitutional validity of the Haj Committee Act 1959, but thereafter by an amendment + application the Haj Committee Act of 2002 which replaced the 1959 Act, has been ch…
Supreme Court of India23 Nov 2011Full text
2011 INSC 818 · [2011] 13 S.C.R. 295
296 SUPREME COURT REPORTS [2011) 13 (ADDL.) S.C.R. A of an agreement is lawful, unless the consideration or object of an agreement is of such a nature that, if permitted, it would defeat the provision of law and in such a case the consideration or object is unlawful and the agreement is void - It is thus clear that the…
Supreme Court of India23 Nov 2011Full text
2011 INSC 817 · [2011] 13 S.C.R. 289
290 SUPREME COURT REPORTS [2011] 13 (ADDL.) S.C.R. A exempting him from the training. He was declared as a deserter with effect from 19.06.1978 and was dismissed from service with effect from 20.10.1981 by the Brigade Commander. The appellant filed a writ petition challenging the order of dismissal and claimed pension.…
Supreme Court of India23 Nov 2011Full text
2011 INSC 816 · [2011] 14 S.C.R. 1113
[2011) 14 (ADDL.) S.C.R. 1113 RAGHBIR SINGH SEHRAWAT A v. STATE OF HARYANA AND OTHERS (Civil Appeal Nos. 10080-10081 of 2011) NOVEMBER 23, 2011 B [G.S. SINGHVI AND SUDHANSU JYOTI . MUKHOPADHAYA, JJ.] Land Acquisition Act, 1894: c ss. 4(1), 6(1), 5A(2) and 9 - Acquisition of agricultural land - Issuance of notification …
Supreme Court of India22 Nov 2011Full text
2011 INSC 815 · [2011] 15 S.C.R. 414
G Development Authority issued a preliminary Notification under Section 15(1) of the City Improvement Trust Board Act, 1976 for acquisition of land for raising a residential layout. After seven years final notification was issued and the land of the appellants falling in the H 416 SUPREME COURT REPORTS (2011) 15 (ADDL.…
Supreme Court of India22 Nov 2011Full text
2011 INSC 814 · [2011] 13 S.C.R. 268
In the instant appeals it was contended for ~he appellant, inter-alia, that the Special Court had no D jurisdiction and authority to grant pardon at the investigation stage before the filing of the charge sheet and, as such, the pardon was not granted after following the proper procedure. E Dismissing the appeals, the …
Supreme Court of India22 Nov 2011Full text
2011 INSC 813 · [2011] 13 S.C.R. 260
The appellant was prosecuted for the offences punishable under Section 13(2) read with Section 13(1)(d) F and 13(1)(a) of the Prevention of Corruption Act, 1988. The sanctioning authority granted sanction to prosecute the appellant for these offences. After the sanction order was challenged by the appellant in the High…
Supreme Court of India22 Nov 2011Full text
2011 INSC 812 · [2011] 13 S.C.R. 247
Two FIRs in respect of the same incident - Held: Filing of another FIR in respect of the same incident having a G different version of events is permissible. Two FIRs were registered in respect of an incident in which one 'GS', the nephew of the appellant, died in 247 H 248 SUPREME COURT REPORTS (2011] 13 (ADDL.) S.C.R…
Supreme Court of India18 Nov 2011Full text
2011 INSC 811 · [2011] 13 S.C.R. 236
H 236 SUNIL KR. GHOSH & ORS. v. K. RAM CHANDRAN & 237 ORS. P.I. Company introduced Voluntary Retirement A Scheme (VRS) for its workmen in the year 1997. The next year, the Company informed the workers about the transfer of ownership of its factory to 'K' Company. Appellant-workers filed an application under Section 10(…
Supreme Court of India18 Nov 2011Full text
2011 INSC 810 · [2011] 13 S.C.R. 214
[2011) 13 (ADDL.) S.C.R 214 A M/S. DEWAN CHAND BUILDERS & CONTRACTORS. v. UNION OF INDIA & ORS. (Civil Appeal No. 1830 of 2008) NOVEMBER 18, 20118 [D.K. JAIN AND ASOK KUMAR GANGULY, JJ.] The Building and other Construction Workers Welfare Gess Act, 1996 - The Building and other Construction C Workers (Regulation of Emp…
Supreme Court of India28 Jan 2011Full text
2011 INSC 81 · [2011] 2 S.C.R. 250
Dismissing the appeal, the Court HELD: 1.1 A Writ Petition was filed before the Single Judge of the High Court. The appellants were trespassers who illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat. E Such kind of bl…
Supreme Court of India18 Nov 2011Full text
2011 INSC 809 · [2011] 14 S.C.R. 1089
1089 H 1090 SUPREME COURT REPORTS [2011) 14 (ADDL.} S.C.R. A Dismissal from service - Workman found guilty of theft and imposed punishment of dismissal - However in the criminal case he was acquitted of all the charges - Plea of reinstatement - Held: The question of considering reinstatement after the decision of acqui…
Supreme Court of India17 Nov 2011Full text
2011 INSC 808 · [2011] 15 S.C.R. 843
Dismissing the appeals, the Court HELD:1. From the submissions made on behalf of F the respective parties, what ultimately emerges for decision is whether the management of Air India was entitled to alter the service conditions of Flight Pursers and Air Hostesses, despite several bilateral agreements arrived at between…
Supreme Court of India17 Nov 2011Full text
2011 INSC 807 · [2011] 15 S.C.R. 404
Disposing of the appeal, the Court Held: 1.1. The Resolution dated 187.2007 provides for procedure and guidelines for employment on contract basis in two contingencies, namely, (i) in a case of delay G in regular employment against the sanctioned posts, but such appointment has to be for a short period and in no case, …
Also on Law on Tips: Bare Acts · Legal news and analysis