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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.
6,461–6,480 · Page 324 of 382
Supreme Court of India8 Nov 2011Full text
2011 INSC 789 · [2011] 13 S.C.R. 76
[2011] 13 (ADDL.) S.C.R. 76 A MRS. ANITA MALHOTRA v. APPAREL EXPORT PROMOTION COUNCIL & ANR. (Criminal Appeal No. 2033 of 2011) NOVEMBER 8, 2011B [P. SATHASIVAM AND JASTI CHELAMESWAR, JJ.] Code of Criminal Procedure, 1973: c s.482 - Petition by a non-executive Director of a company for quashing of criminal proceedings …
Supreme Court of India8 Nov 2011Full text
2011 INSC 788 · [2011] 15 S.C.R. 386
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.
6,461–6,480 · Page 324 of 382
Supreme Court of India8 Nov 2011Full text
2011 INSC 789 · [2011] 13 S.C.R. 76
[2011] 13 (ADDL.) S.C.R. 76 A MRS. ANITA MALHOTRA v. APPAREL EXPORT PROMOTION COUNCIL & ANR. (Criminal Appeal No. 2033 of 2011) NOVEMBER 8, 2011B [P. SATHASIVAM AND JASTI CHELAMESWAR, JJ.] Code of Criminal Procedure, 1973: c s.482 - Petition by a non-executive Director of a company for quashing of criminal proceedings …
Supreme Court of India8 Nov 2011Full text
2011 INSC 788 · [2011] 15 S.C.R. 386
ANAND v. COMMITTEE FOR SCRUTINY AND 387 VERIFICATION OF TRIBE CLA1MS. appreciated in its proper perspective and the High Court laid A undue stress on the affinity test - The affinity test may be used to corroborate the documentary evidence and should not be the sole criteria to reject a claim - Claim of appellant deser…
Supreme Court of India8 Nov 2011Full text
2011 INSC 787 · [2011] 15 S.C.R. 336
winding up is made. It lays down that the amount due from the employer in respect of any contribution payable to the Fund or, as the case may be, the Insurance Fund, G damages re…
Supreme Court of India8 Nov 2011Full text
2011 INSC 786 · [2011] 14 S.C.R. 1000
- Held: Special Court failed to make a serious effort to realise the highest possible price for the said shares - Special Court E overlooked the norms laid down by it; ignored the directions by this Court and glossed over the procedural irregularities committed by the Custodian - Special Court failed to comply with the…
Supreme Court of India4 Nov 2011Full text
2011 INSC 785 · [2011] 14 S.C.R. 976
Interpretation of statutes: Held: When any statutory provision provides a particular manner for doing a particular 8 act, the said thing or act must be done in accordance with the manner prescribed therefor in the Act - Jammu and Kashmir Land Acquisition Act, 1990. A la11d acquisition proceedings were initiated to acqu…
Supreme Court of India4 Nov 2011Full text
2011 INSC 784 · [2011] 14 S.C.R. 862
- Testimonies of the witnesses had been consistent with each H . 862 PRITHIPAL SINGH ETC. v. STATE OF PUNJAB & 863 ANR. 'ETC. other and they identified the accused correctly in the court - A Minor variation in the version from time to time is natural since the witnesses were threatened and implicated in false cases · ~…
Supreme Court of India3 Nov 2011Full text
2011 INSC 783 · [2011] 15 S.C.R. 291
292 SUPREME COURT REPORTS (2011] 15 (ADDL.) S.C.R. A litigation and the period of delay - The High Court should also have considered that it has been settled by a catena of cases that, unless the delay is gross, an explanation for the same should be liberally construed - Apparently, the High Court was not able to consi…
Supreme Court of India3 Nov 2011Full text
2011 INSC 782 · [2011] 13 S.C.R. 26
UNION OF INDIA AND ORS. v. NITDIP TEXTILE 27 PROCESSORS PVT. LTD. Central Excise Act, 1944 - s. 11 A - Constitution of India, 1950 A - Article 14 - Interpretation of Statutes - Legal fiction. CONSTITUTION OF IND/A, 1950: Article 14 - Classification in taxation - HELD: In 8taxation, there is a broader power of classific…
Supreme Court of India3 Nov 2011Full text
2011 INSC 781 · [2011] 14 S.C.R. 840
C.G.. M., CAL. TEL. DIST., B.S.N. v. SURENDRA NATH 841 PANDEY of Part I of the rules deals with the situation where' acandidate A is found or discovered to be using unfair means in the examination itself - It is only in these circumstances that the candidate has to be subjected to disciplinary proceeding which has to b…
Supreme Court of India2 Nov 2011Full text
2011 INSC 780 · [2011] 14 S.C.R. 821
[2011) 14 (ADDL.) S.C.R. 821 RAMJI VEERJI PATEL & ORS. A v. REVENUE DIVISIONAL OFFICER & ORS. (Civil Appeal No. 137 of 2003} NOVEMBER 2, 2011 B· [R.M. LODHA AND JAGDISH SINGH KHEHAR, JJ.] Land Acquisition Act, 1894 - ss. 4(1) and 6 - Land acquisition for expansion of depot of Roadways Corporation - Notification uls .. …
Supreme Court of India27 Jan 2011Full text
2011 INSC 78 · [2011] 3 S.C.R. 581
E WITH Criminal Appeal Nos. 770 of 2011. P.S. Patwalia, Jagjit Singh Chhabra, Ashok Kr. Saini, F Rajesh Sharma, Shalu Sharma and Kuldip Singh for the appearing parties. The following order of the Court was delivered ORDER G 1. This judgment will dispose of Criminal Appeal No. 1198 of 2007 and Criminal appeal No. 770120…
Supreme Court of India1 Nov 2011Full text
2011 INSC 779 · [2011] 13 S.C.R. 16
DURGA CHARAN RAUTRAY v. STATE OF ORISSA & 17 ANR. passed an award in favour of the appellant. The appellant A filed an application to make the arbitral award, rule of the court. The respondents filed objections under Sections 30 and 33 of the Arbitration Act, 1940 by filing Miscellaneous Case. The Civil Judge dismissed…
Supreme Court of India21 Oct 2011Full text
2011 INSC 778 · [2011] 15 S.C.R. 282
The appellant had earlier filed a suit for permanent F injunction alleging himself to be in possession as a co-sharer of the suit land. In the said suit, the parties entered into a compromise and on the basis of the said compromise dated 27.11.1972, a decree was passed on 08.12.1972. G Subsequently, the appellant filed…
Supreme Court of India21 Oct 2011Full text
2011 INSC 777 · [2011] 12 S.C.R. 1205
10.00 O' clock with four other ladies. According to her, these ladies came to her house and on their request she also went to see the movie and returned back to her home. Though 1.0. had examined some persons, there E was no information about the "four ladies" who accompanied the deceased to the cinema house. In…
Supreme Court of India21 Oct 2011Full text
2011 INSC 776 · [2011] 13 S.C.R. 1
Interpretation of statutes: Fiscal legislation - Held: Has 0to be construed strictly and one has to look merely at what is said in the relevant provision; there is nothing to be read in; nothing to be implied and there is no room for any intendment - Central Excise Act, 1944. The question which arose for consideration …
Supreme Court of India20 Oct 2011Full text
2011 INSC 775 · [2011] 12 S.C.R. 1198
H 1200 SUPREME COURT REPORTS [2011] 12 S.C.R A Allowing the appeal, the Court HELD:1.1. Article 119 of the Schedule to the Limitation Act, 1963, prescribes the period of limitation for filing applications under the Arbitration Act, 1940. It is clear from clause (b) of Article 119 of the Schedule to the 8 Limitation Act…
Supreme Court of India20 Oct 2011Full text
2011 INSC 774 · [2011] 12 S.C.R. 1189
- The competent authority was right in imposing the punishment of dismissal from service - Instant case is not where the punishment of dismissal was striki!Jgly 1189 H 1190 SUPREME COURT REPORTS [2011] 12 S.C.R. A disproportionate or where on the face of it there was perversity or irrationality- Thus, the order passed …
Supreme Court of India20 Oct 2011Full text
2011 INSC 773 · [2011] 12 S.C.R. 1173
• 1173 H 1174 SUPREME COURT REPORTS [2011] 12 S.C.R. A EVIDENCE ACT, .1872: ss. 3 and 30 - Extra-judicial confession of a co-accused - Evidentiary value of - Held: In dealing with a case against an accused, the court cannot start with the confession of a co-8 accused; it must begin with other evidence adduced by the pr…
Supreme Court of India20 Oct 2011Full text
2011 INSC 772 · [2011] 15 S.C.R. 211
s. 127 - Statutory alternative remedy available u/s. 127 of the Act - Writ petition - Scope of interference with provisional 211 ti 212 SUPREME COURT REPORTS [2011) 15 (ADDL.) S.C.R. A order of assessment/show cause notice - Held: Keeping in view the functions and expertise of the specialized body constituted under the…
Supreme Court of India18 Oct 2011Full text
2011 INSC 771 · [2011] 14 S.C.R. 800
ASHOK KUMAR LINGALA v. STATE OF KARNATAKA 801 & ORS. and boundaries, there is no question of any overlapping - A Thus, proper identification and demarcation of the areas to be carried out and directions issued for the same. Certain land dedicated to a temple, was given to 'P' for services rendered to the temple. After …
Also on Law on Tips: Bare Acts · Legal news and analysis
ANAND v. COMMITTEE FOR SCRUTINY AND 387 VERIFICATION OF TRIBE CLA1MS. appreciated in its proper perspective and the High Court laid A undue stress on the affinity test - The affinity test may be used to corroborate the documentary evidence and should not be the sole criteria to reject a claim - Claim of appellant deser…
Supreme Court of India8 Nov 2011Full text
2011 INSC 787 · [2011] 15 S.C.R. 336
winding up is made. It lays down that the amount due from the employer in respect of any contribution payable to the Fund or, as the case may be, the Insurance Fund, G damages re…
Supreme Court of India8 Nov 2011Full text
2011 INSC 786 · [2011] 14 S.C.R. 1000
- Held: Special Court failed to make a serious effort to realise the highest possible price for the said shares - Special Court E overlooked the norms laid down by it; ignored the directions by this Court and glossed over the procedural irregularities committed by the Custodian - Special Court failed to comply with the…
Supreme Court of India4 Nov 2011Full text
2011 INSC 785 · [2011] 14 S.C.R. 976
Interpretation of statutes: Held: When any statutory provision provides a particular manner for doing a particular 8 act, the said thing or act must be done in accordance with the manner prescribed therefor in the Act - Jammu and Kashmir Land Acquisition Act, 1990. A la11d acquisition proceedings were initiated to acqu…
Supreme Court of India4 Nov 2011Full text
2011 INSC 784 · [2011] 14 S.C.R. 862
- Testimonies of the witnesses had been consistent with each H . 862 PRITHIPAL SINGH ETC. v. STATE OF PUNJAB & 863 ANR. 'ETC. other and they identified the accused correctly in the court - A Minor variation in the version from time to time is natural since the witnesses were threatened and implicated in false cases · ~…
Supreme Court of India3 Nov 2011Full text
2011 INSC 783 · [2011] 15 S.C.R. 291
292 SUPREME COURT REPORTS (2011] 15 (ADDL.) S.C.R. A litigation and the period of delay - The High Court should also have considered that it has been settled by a catena of cases that, unless the delay is gross, an explanation for the same should be liberally construed - Apparently, the High Court was not able to consi…
Supreme Court of India3 Nov 2011Full text
2011 INSC 782 · [2011] 13 S.C.R. 26
UNION OF INDIA AND ORS. v. NITDIP TEXTILE 27 PROCESSORS PVT. LTD. Central Excise Act, 1944 - s. 11 A - Constitution of India, 1950 A - Article 14 - Interpretation of Statutes - Legal fiction. CONSTITUTION OF IND/A, 1950: Article 14 - Classification in taxation - HELD: In 8taxation, there is a broader power of classific…
Supreme Court of India3 Nov 2011Full text
2011 INSC 781 · [2011] 14 S.C.R. 840
C.G.. M., CAL. TEL. DIST., B.S.N. v. SURENDRA NATH 841 PANDEY of Part I of the rules deals with the situation where' acandidate A is found or discovered to be using unfair means in the examination itself - It is only in these circumstances that the candidate has to be subjected to disciplinary proceeding which has to b…
Supreme Court of India2 Nov 2011Full text
2011 INSC 780 · [2011] 14 S.C.R. 821
[2011) 14 (ADDL.) S.C.R. 821 RAMJI VEERJI PATEL & ORS. A v. REVENUE DIVISIONAL OFFICER & ORS. (Civil Appeal No. 137 of 2003} NOVEMBER 2, 2011 B· [R.M. LODHA AND JAGDISH SINGH KHEHAR, JJ.] Land Acquisition Act, 1894 - ss. 4(1) and 6 - Land acquisition for expansion of depot of Roadways Corporation - Notification uls .. …
Supreme Court of India27 Jan 2011Full text
2011 INSC 78 · [2011] 3 S.C.R. 581
E WITH Criminal Appeal Nos. 770 of 2011. P.S. Patwalia, Jagjit Singh Chhabra, Ashok Kr. Saini, F Rajesh Sharma, Shalu Sharma and Kuldip Singh for the appearing parties. The following order of the Court was delivered ORDER G 1. This judgment will dispose of Criminal Appeal No. 1198 of 2007 and Criminal appeal No. 770120…
Supreme Court of India1 Nov 2011Full text
2011 INSC 779 · [2011] 13 S.C.R. 16
DURGA CHARAN RAUTRAY v. STATE OF ORISSA & 17 ANR. passed an award in favour of the appellant. The appellant A filed an application to make the arbitral award, rule of the court. The respondents filed objections under Sections 30 and 33 of the Arbitration Act, 1940 by filing Miscellaneous Case. The Civil Judge dismissed…
Supreme Court of India21 Oct 2011Full text
2011 INSC 778 · [2011] 15 S.C.R. 282
The appellant had earlier filed a suit for permanent F injunction alleging himself to be in possession as a co-sharer of the suit land. In the said suit, the parties entered into a compromise and on the basis of the said compromise dated 27.11.1972, a decree was passed on 08.12.1972. G Subsequently, the appellant filed…
Supreme Court of India21 Oct 2011Full text
2011 INSC 777 · [2011] 12 S.C.R. 1205
10.00 O' clock with four other ladies. According to her, these ladies came to her house and on their request she also went to see the movie and returned back to her home. Though 1.0. had examined some persons, there E was no information about the "four ladies" who accompanied the deceased to the cinema house. In…
Supreme Court of India21 Oct 2011Full text
2011 INSC 776 · [2011] 13 S.C.R. 1
Interpretation of statutes: Fiscal legislation - Held: Has 0to be construed strictly and one has to look merely at what is said in the relevant provision; there is nothing to be read in; nothing to be implied and there is no room for any intendment - Central Excise Act, 1944. The question which arose for consideration …
Supreme Court of India20 Oct 2011Full text
2011 INSC 775 · [2011] 12 S.C.R. 1198
H 1200 SUPREME COURT REPORTS [2011] 12 S.C.R A Allowing the appeal, the Court HELD:1.1. Article 119 of the Schedule to the Limitation Act, 1963, prescribes the period of limitation for filing applications under the Arbitration Act, 1940. It is clear from clause (b) of Article 119 of the Schedule to the 8 Limitation Act…
Supreme Court of India20 Oct 2011Full text
2011 INSC 774 · [2011] 12 S.C.R. 1189
- The competent authority was right in imposing the punishment of dismissal from service - Instant case is not where the punishment of dismissal was striki!Jgly 1189 H 1190 SUPREME COURT REPORTS [2011] 12 S.C.R. A disproportionate or where on the face of it there was perversity or irrationality- Thus, the order passed …
Supreme Court of India20 Oct 2011Full text
2011 INSC 773 · [2011] 12 S.C.R. 1173
• 1173 H 1174 SUPREME COURT REPORTS [2011] 12 S.C.R. A EVIDENCE ACT, .1872: ss. 3 and 30 - Extra-judicial confession of a co-accused - Evidentiary value of - Held: In dealing with a case against an accused, the court cannot start with the confession of a co-8 accused; it must begin with other evidence adduced by the pr…
Supreme Court of India20 Oct 2011Full text
2011 INSC 772 · [2011] 15 S.C.R. 211
s. 127 - Statutory alternative remedy available u/s. 127 of the Act - Writ petition - Scope of interference with provisional 211 ti 212 SUPREME COURT REPORTS [2011) 15 (ADDL.) S.C.R. A order of assessment/show cause notice - Held: Keeping in view the functions and expertise of the specialized body constituted under the…
Supreme Court of India18 Oct 2011Full text
2011 INSC 771 · [2011] 14 S.C.R. 800
ASHOK KUMAR LINGALA v. STATE OF KARNATAKA 801 & ORS. and boundaries, there is no question of any overlapping - A Thus, proper identification and demarcation of the areas to be carried out and directions issued for the same. Certain land dedicated to a temple, was given to 'P' for services rendered to the temple. After …
Also on Law on Tips: Bare Acts · Legal news and analysis