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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.
6,481–6,500 · Page 325 of 382
Supreme Court of India17 Oct 2011Full text
2011 INSC 770 · [2011] 12 S.C.R. 1144
E s.39(1)(d) - Applicability of- Held: Is applicable if there is categorical finding about the use of seized items for commission of offence and not where seized items were suspected to have been used for committing offence. F s.39(1)(d) and s.51(2) - Distinction between. s.54(2) - Prior to 'and after amendment - Held:…
Supreme Court of India27 Jan 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.
6,481–6,500 · Page 325 of 382
Supreme Court of India17 Oct 2011Full text
2011 INSC 770 · [2011] 12 S.C.R. 1144
E s.39(1)(d) - Applicability of- Held: Is applicable if there is categorical finding about the use of seized items for commission of offence and not where seized items were suspected to have been used for committing offence. F s.39(1)(d) and s.51(2) - Distinction between. s.54(2) - Prior to 'and after amendment - Held:…
Supreme Court of India27 Jan 2011Full text
2011 INSC 77 · [2011] 1 S.C.R. 572
. 38 vacancies of Mazdoors, category-I (ITI) occurred . in MCL, a government undertaking. The candidates F sponsored by the employment exchange appeared for ·the written test and the trade test. A merit list was prepared on basis of the qualifying marks. Out of 38 vacancies, 24 vacancies were filled up. Subsequentty, 8…
Supreme Court of India17 Oct 2011Full text
2011 INSC 769 · [2011] 12 S.C.R. 1128
Dismissing the appeals, the Court F HELD: 1.1 According to s.14(1) of the Customs Act, 1962 the assessment of duty is to be made on the value of the goods. The value may be fixed by the Central Government u/s 14(2). Where the value is not so fixed it has to be decided u/s 14(1). The value, according to G s.14(1), shall…
Supreme Court of India13 Oct 2011Full text
2011 INSC 768 · [2011] 12 S.C.R. 992
TRAMBAKESHWAR DEVASTHAN TRUST v. 993 PRESIDENT, PUROHIT SANGH Board of Trustees - This would ensure that in a composition A of maximum of nine members, four members at least would represent the public or the devotees of the temple and the decisions of the Board of Trustees would be in the larger interest of temple and …
Supreme Court of India13 Oct 2011Full text
2011 INSC 767 · [2011] 12 S.C.R. 986
- However, since appellant had been a, 'Pointed in the service of NABARD for nineteen years, his initial appointment in the E service of NABARD not disturbed but he would not be granted any benefit as a member of the Scheduled Tribe -Constitution of India, 1950 - Article 142. Appellant was issued a caste certificate by…
Supreme Court of India13 Oct 2011Full text
2011 INSC 766 · [2011] 15 S.C.R. 1181
Carriage of Goods by Sea Act, 1925 - ss.2 and 4; and Article I, clause (b) and Article 1/1, r.3 - Role of carrier's agent and its liability - Contract for sale of rice between NFC and0 NHH - Vessel 'Eastern Grand' sub-chartered by NHH for carrying rice to be shipped by NFC to NHH, from Calcutta to Penang, Malaysia - Sh…
Supreme Court of India13 Oct 2011Full text
2011 INSC 765 · [2011] 12 S.C.R. 1106
TRI LOK SUDHIRBHAI PANDYA v. UNION OF INDIA & 1107 ORS . . by the competent authority concerned with regard' to A acquisition of the right of user as the appellants challenged the appointment only after the proceedings for determination of compensation were started - The Union of India is directed to appoint another un…
Supreme Court of India13 Oct 2011Full text
2011 INSC 764 · [2011] 12 S.C.R. 1070
1072 SUPREME COURT REPORTS [2011] 12 S.C.R. A allowed by the High Court in 2005 and he was joined as a respondent in OSA No. 49 of 1995 before the High Court. The appellant filed CMP No. 5660/2005 and CMP No. 9402 of 2006 for appointment of a receiver and seeking modification of the scheme decree passed in B OSA No.49 …
Supreme Court of India13 Oct 2011Full text
2011 INSC 763 · [2011] 12 S.C.R. 1045
1046 SUPREME COURT REPORTS [2011] 12 S.C.R. A Scheduled Tribe - Dismissed - Effect of - HELD: The fact that two writ petitions were filed at some point of time, challenging the claim of the person complained against that he belonged to a Scheduled Tribe may not be conclusive as the first writ petition was dismissed on …
Supreme Court of India13 Oct 2011Full text
2011 INSC 762 · [2011] 12 S.C.R. 1033
1033 ·H 1034 SUPREME COURT REPORTS [2011] 12 S.C.R. A CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8638 of 2011. From the Judgment and Order dated 14.09.2010 of the High Court of Calcutta in WPST No. 1911 of 2008. Chanchal K. Ganguly and Abhijit Sengupta for the B Appellants. Ranjan Mukherjee, Mangaljit Mukherjee an…
Supreme Court of India13 Oct 2011Full text
2011 INSC 761 · [2011] 12 S.C.R. 1013
1014 SUPREME COURT REPORTS [2011] 12 S.C.R. A to creation of any new or distinct and excisable product. INTERPRETATION OF STATUTES: Excise tariff -Section Note - Held: Has very limited purpose of extending coverage to particular items to the relevant tariff entry in the Schedule for determining the applicable rate of d…
Supreme Court of India13 Oct 2011Full text
2011 INSC 760 · [2011] 12 S.C.R. 1005
WITH Civil Appeal No. 5157 of 2005. H 1008 SUPREME COUR…
Supreme Court of India27 Jan 2011Full text
2011 INSC 76 · [2011] 2 S.C.R. 246
Kishore Ram Lambat, Deven S. Lambat, S. Rajappa for the Appellant. c Shankar Chillagre, Asha Gopalan Nair for the Respondent. The following order of the Court was delivered ORDER D 1. The facts of this case are as under: 1.1 The ··prosecutrix, P.W. 1, was studying in the Zila Parishaif Sch-ool at Mohali, District Gadch…
Supreme Court of India13 Oct 2011Full text
2011 INSC 759 · [2011] 14 S.C.R. 763
[2011) 14 (ADDL.) S.C.R. 763 UNITED INDIA INSURANCE CO. LTD. A V. SHILA DATTA & ORS. (Civil Appeal No. 6026-6027 OF 2007) OCTOBER 13, 2011 B. [R.V. RAVEENDRAN, H.L. DATTU AND K.S. RADHAKRISHNAN, JJ.] Motor Vehicles Act, 1988: c Claim petition under - For compensation in regard to a motor accident - Nature of - Held: An…
Supreme Court of India13 Oct 2011Full text
2011 INSC 758 · [2011] 12 S.C.R. 1036
Constitution of India, 1950 - Article 226 - Proceedings under - Power of High Court - Held: High Court does not sit as an appellate authority over the findings of the disciplinary G authority - Where the findings of the disciplinary authority are supported by some evidence, the High Court does not re-appreciate the evi…
Supreme Court of India12 Oct 2011Full text
2011 INSC 757 · [2011] 12 S.C.R. 968
- On appeal, held: Section 6 (as amended) is not applicable to partition effected before 20.12.2004 - On facts, in the suit G for partition only the shares were determined by preliminary decree dated 19.03.1999 which was amended on 27.09.2003 - Commissioner had submitted the report as regards the division of the proper…
Supreme Court of India12 Oct 2011Full text
2011 INSC 756 · [2011] 12 S.C.R. 781
& ORS. as the case may be, if any modification becomes necessary. A s. 126 - Acquisition of land - Change of purpose during acquisition - Applicability of Land Acquisition Act - Held: MRTP Act is a self-contained code and in the scheme of said Act substantive provisions of L.A. Act are not applicable - In 8 the instant…
Supreme Court of India12 Oct 2011Full text
2011 INSC 755 · [2011] 12 S.C.R. 744
SANJEEV KUMAR JAIN v. RAGHUBIR SARAN 745 CHARITABLE TRUST & ORS. suggested that the Rules be amended to provide for 'actual A realistic costs' - The object is to streamline the award of costs and simplify the process of assessment, while making the cost 'actual and realistic' - Sa/em Advocates Bar Association case. exp…
Supreme Court of India12 Oct 2011Full text
2011 INSC 754 · [2011] 15 S.C.R. 1157
1158 SUPREME COURT REPORTS [2011) 15 (ADDL.) S.C.R. A company from doing normal production work - But that cannot be read in such a manner as to nullify the purport of clause 12 which reseNed promotional employment potential of existing workmen - So in the instant case if by way of rearrangement of work, the management…
Supreme Court of India12 Oct 2011Full text
2011 INSC 753 · [2011] 15 S.C.R. 1129
[2011] 15 (ADDL.) S.C.R 1129 PHULCHAND EXPORTS LTD. A v. 000 PATRIOT (CIVIL APPEAL NO. 3343 OF 2005) OCTOBER 12, 2011 B [R.M. LODHA AND JAGDISH SINGH KHEHAR, JJ.] Arbitration and Conciliation Act, 1996 - ss.47 and 48 -Enforcement of award - Test of principles of public policy -C/F Contract - The appellant-sellers shipp…
Also on Law on Tips: Bare Acts · Legal news and analysis
2011 INSC 77 · [2011] 1 S.C.R. 572
. 38 vacancies of Mazdoors, category-I (ITI) occurred . in MCL, a government undertaking. The candidates F sponsored by the employment exchange appeared for ·the written test and the trade test. A merit list was prepared on basis of the qualifying marks. Out of 38 vacancies, 24 vacancies were filled up. Subsequentty, 8…
Supreme Court of India17 Oct 2011Full text
2011 INSC 769 · [2011] 12 S.C.R. 1128
Dismissing the appeals, the Court F HELD: 1.1 According to s.14(1) of the Customs Act, 1962 the assessment of duty is to be made on the value of the goods. The value may be fixed by the Central Government u/s 14(2). Where the value is not so fixed it has to be decided u/s 14(1). The value, according to G s.14(1), shall…
Supreme Court of India13 Oct 2011Full text
2011 INSC 768 · [2011] 12 S.C.R. 992
TRAMBAKESHWAR DEVASTHAN TRUST v. 993 PRESIDENT, PUROHIT SANGH Board of Trustees - This would ensure that in a composition A of maximum of nine members, four members at least would represent the public or the devotees of the temple and the decisions of the Board of Trustees would be in the larger interest of temple and …
Supreme Court of India13 Oct 2011Full text
2011 INSC 767 · [2011] 12 S.C.R. 986
- However, since appellant had been a, 'Pointed in the service of NABARD for nineteen years, his initial appointment in the E service of NABARD not disturbed but he would not be granted any benefit as a member of the Scheduled Tribe -Constitution of India, 1950 - Article 142. Appellant was issued a caste certificate by…
Supreme Court of India13 Oct 2011Full text
2011 INSC 766 · [2011] 15 S.C.R. 1181
Carriage of Goods by Sea Act, 1925 - ss.2 and 4; and Article I, clause (b) and Article 1/1, r.3 - Role of carrier's agent and its liability - Contract for sale of rice between NFC and0 NHH - Vessel 'Eastern Grand' sub-chartered by NHH for carrying rice to be shipped by NFC to NHH, from Calcutta to Penang, Malaysia - Sh…
Supreme Court of India13 Oct 2011Full text
2011 INSC 765 · [2011] 12 S.C.R. 1106
TRI LOK SUDHIRBHAI PANDYA v. UNION OF INDIA & 1107 ORS . . by the competent authority concerned with regard' to A acquisition of the right of user as the appellants challenged the appointment only after the proceedings for determination of compensation were started - The Union of India is directed to appoint another un…
Supreme Court of India13 Oct 2011Full text
2011 INSC 764 · [2011] 12 S.C.R. 1070
1072 SUPREME COURT REPORTS [2011] 12 S.C.R. A allowed by the High Court in 2005 and he was joined as a respondent in OSA No. 49 of 1995 before the High Court. The appellant filed CMP No. 5660/2005 and CMP No. 9402 of 2006 for appointment of a receiver and seeking modification of the scheme decree passed in B OSA No.49 …
Supreme Court of India13 Oct 2011Full text
2011 INSC 763 · [2011] 12 S.C.R. 1045
1046 SUPREME COURT REPORTS [2011] 12 S.C.R. A Scheduled Tribe - Dismissed - Effect of - HELD: The fact that two writ petitions were filed at some point of time, challenging the claim of the person complained against that he belonged to a Scheduled Tribe may not be conclusive as the first writ petition was dismissed on …
Supreme Court of India13 Oct 2011Full text
2011 INSC 762 · [2011] 12 S.C.R. 1033
1033 ·H 1034 SUPREME COURT REPORTS [2011] 12 S.C.R. A CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8638 of 2011. From the Judgment and Order dated 14.09.2010 of the High Court of Calcutta in WPST No. 1911 of 2008. Chanchal K. Ganguly and Abhijit Sengupta for the B Appellants. Ranjan Mukherjee, Mangaljit Mukherjee an…
Supreme Court of India13 Oct 2011Full text
2011 INSC 761 · [2011] 12 S.C.R. 1013
1014 SUPREME COURT REPORTS [2011] 12 S.C.R. A to creation of any new or distinct and excisable product. INTERPRETATION OF STATUTES: Excise tariff -Section Note - Held: Has very limited purpose of extending coverage to particular items to the relevant tariff entry in the Schedule for determining the applicable rate of d…
Supreme Court of India13 Oct 2011Full text
2011 INSC 760 · [2011] 12 S.C.R. 1005
WITH Civil Appeal No. 5157 of 2005. H 1008 SUPREME COUR…
Supreme Court of India27 Jan 2011Full text
2011 INSC 76 · [2011] 2 S.C.R. 246
Kishore Ram Lambat, Deven S. Lambat, S. Rajappa for the Appellant. c Shankar Chillagre, Asha Gopalan Nair for the Respondent. The following order of the Court was delivered ORDER D 1. The facts of this case are as under: 1.1 The ··prosecutrix, P.W. 1, was studying in the Zila Parishaif Sch-ool at Mohali, District Gadch…
Supreme Court of India13 Oct 2011Full text
2011 INSC 759 · [2011] 14 S.C.R. 763
[2011) 14 (ADDL.) S.C.R. 763 UNITED INDIA INSURANCE CO. LTD. A V. SHILA DATTA & ORS. (Civil Appeal No. 6026-6027 OF 2007) OCTOBER 13, 2011 B. [R.V. RAVEENDRAN, H.L. DATTU AND K.S. RADHAKRISHNAN, JJ.] Motor Vehicles Act, 1988: c Claim petition under - For compensation in regard to a motor accident - Nature of - Held: An…
Supreme Court of India13 Oct 2011Full text
2011 INSC 758 · [2011] 12 S.C.R. 1036
Constitution of India, 1950 - Article 226 - Proceedings under - Power of High Court - Held: High Court does not sit as an appellate authority over the findings of the disciplinary G authority - Where the findings of the disciplinary authority are supported by some evidence, the High Court does not re-appreciate the evi…
Supreme Court of India12 Oct 2011Full text
2011 INSC 757 · [2011] 12 S.C.R. 968
- On appeal, held: Section 6 (as amended) is not applicable to partition effected before 20.12.2004 - On facts, in the suit G for partition only the shares were determined by preliminary decree dated 19.03.1999 which was amended on 27.09.2003 - Commissioner had submitted the report as regards the division of the proper…
Supreme Court of India12 Oct 2011Full text
2011 INSC 756 · [2011] 12 S.C.R. 781
& ORS. as the case may be, if any modification becomes necessary. A s. 126 - Acquisition of land - Change of purpose during acquisition - Applicability of Land Acquisition Act - Held: MRTP Act is a self-contained code and in the scheme of said Act substantive provisions of L.A. Act are not applicable - In 8 the instant…
Supreme Court of India12 Oct 2011Full text
2011 INSC 755 · [2011] 12 S.C.R. 744
SANJEEV KUMAR JAIN v. RAGHUBIR SARAN 745 CHARITABLE TRUST & ORS. suggested that the Rules be amended to provide for 'actual A realistic costs' - The object is to streamline the award of costs and simplify the process of assessment, while making the cost 'actual and realistic' - Sa/em Advocates Bar Association case. exp…
Supreme Court of India12 Oct 2011Full text
2011 INSC 754 · [2011] 15 S.C.R. 1157
1158 SUPREME COURT REPORTS [2011) 15 (ADDL.) S.C.R. A company from doing normal production work - But that cannot be read in such a manner as to nullify the purport of clause 12 which reseNed promotional employment potential of existing workmen - So in the instant case if by way of rearrangement of work, the management…
Supreme Court of India12 Oct 2011Full text
2011 INSC 753 · [2011] 15 S.C.R. 1129
[2011] 15 (ADDL.) S.C.R 1129 PHULCHAND EXPORTS LTD. A v. 000 PATRIOT (CIVIL APPEAL NO. 3343 OF 2005) OCTOBER 12, 2011 B [R.M. LODHA AND JAGDISH SINGH KHEHAR, JJ.] Arbitration and Conciliation Act, 1996 - ss.47 and 48 -Enforcement of award - Test of principles of public policy -C/F Contract - The appellant-sellers shipp…
Also on Law on Tips: Bare Acts · Legal news and analysis