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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.
6,521–6,540 · Page 327 of 382
Supreme Court of India30 Sep 2011Full text
2011 INSC 733 · [2011] 11 S.C.R. 762
24. 7. 1995 cannot be said to be illegal, arbitrary, unconstitutional or without authority of law- Devi Singh's case0 clarified - However, State Government would not be entitled to make recoveries from the employees concerned -Constitution of India, 1950 - Article 14 - Government of Rajasthan, Finance Department (Rules…
Supreme Court of India30 Sep 2011Full text
2011 INSC 732 · [2011] 11 S.C.R. 744
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.
6,521–6,540 · Page 327 of 382
Supreme Court of India30 Sep 2011Full text
2011 INSC 733 · [2011] 11 S.C.R. 762
24. 7. 1995 cannot be said to be illegal, arbitrary, unconstitutional or without authority of law- Devi Singh's case0 clarified - However, State Government would not be entitled to make recoveries from the employees concerned -Constitution of India, 1950 - Article 14 - Government of Rajasthan, Finance Department (Rules…
Supreme Court of India30 Sep 2011Full text
2011 INSC 732 · [2011] 11 S.C.R. 744
F The appellant-accused was prosecuted for committing murders of his brother, sister-in-law, and his nephew and attempting to murder his other nephew and the niece (PW 7). The accused was residing with his brother 'MK' (deceased) and his family consisting of MK's G wife, 'M' (deceased) and their three children in a ren…
Supreme Court of India30 Sep 2011Full text
2011 INSC 731 · [2011] 14 S.C.R. 211
[2011] 14 (ADDL.) S.C.R. 211 STATE OF HARYANA A v. MUKESH KUMAR & ORS. (Special Leave Petition (Civil) No. 28034 of 2011) SEPTEMBER 30, 2011 B [OALVEER BHANDARI ANO OEEPAK VERMA, JJ.] Adverse possession: Property rights- Claim for, by way of adverse possession C - Whether the State/Police Department, which is in charge…
Supreme Court of India30 Sep 2011Full text
2011 INSC 730 · [2011] 14 S.C.R. 187
188 SUPREME COURT REPORTS [2011] 14 (ADDL.) $.C.R. A Court are unsustainable and the findings of the trial court that respondents are gratuitous licencees was correct and justified -- Decree for possession of the suit portions granted by the trial court is restored. Article 136 - Jurisdiction under - Exercise of -8 Int…
Supreme Court of India25 Jan 2011Full text
2011 INSC 73 · [2011] 1 S.C.R. 997
998 . SUPREME COURT REPORTS [2011) 1 S.C.R. .... A Rules, 1987 -r. 15 -Delhi Police Establishment Act, 1946 s. 3 ss. 3(1), 3(2) and 3(3) -Prosecution -Held: Section 3 gives due importance to the aspect of intent -A person can be charged with s. 3(1) only when the prosecution has established that the offence was committ…
Supreme Court of India30 Sep 2011Full text
2011 INSC 729 · [2011] 15 S.C.R. 135
- The conduct of the majority shareholders should not only F be oppressive to the minority, but must also be burdensome and operating harshly upto the date of the petition - On facts, although, the Chatterjee Group complained of the manner in which it had been reduced to a minority in the Company in question, it is als…
Supreme Court of India30 Sep 2011Full text
2011 INSC 728 · [2011] 14 S.C.R. 240
1.2 Section 2(i) Cr.P.C. defines a "non-cognizable offence", in respect whereof a police officer has no E authority to arrest without warrant. The said definition defines the general rule since even under the Code some offences, though "non-cognizable" have been included in Part I of the First Schedule to the Code as b…
Supreme Court of India29 Sep 2011Full text
2011 INSC 727 · [2011] 15 S.C.R. 793
- There was deceit and injury-s.52 (f) of the Act was clearly attracted since respondent had acted with intent to defraud -Any Army officer indulging into such acts could no longer be retained in the services of the Army, and the order passed by the General Court Martial could not be faulted - The Single G Judge rightl…
Supreme Court of India29 Sep 2011Full text
2011 INSC 726 · [2011] 11 S.C.R. 701
The State Government, at the instance of the Karnataka State Tourism Development Corporation (Corporation), issued notification dated 29.12.1981 uls G 4(1) and declaration u/s 6 of the Land Acquisition Act, 1894 acquiring the land admeasuring 37 acres 4 guntas of land comprised in various survey numbers including Surve…
Supreme Court of India29 Sep 2011Full text
2011 INSC 725 · [2011] 11 S.C.R. 690
- If there is no age relaxation in the Rules, the same cannot D be brought in ·by any judicial interpretation - Advertisement of the Public Service Commission issued in the year 2002, required the persons concerned to be of less than thirty five years of age at the relevant time - There was no age relaxation in favour …
Supreme Court of India29 Sep 2011Full text
2011 INSC 724 · [2011] 11 S.C.R. 651
NTPC LTD. v. M.P. STATE ELECTRICITY BOARD & 653 ORS. and the Electricity Boards became entitled to get the A refund/adjustment of these differential amounts. However, the Central Commission disallowed the claim of the Electricity Boards for payment of interest on the differential amounts between the tariff finally dete…
Supreme Court of India29 Sep 2011Full text
2011 INSC 723 · [2011] 11 S.C.R. 678
STATE OF MADHYA PRADESH v. NARMADA 679 BACHAO ANDOLAN & ANR. applicant regarding the physical possession of land was not A factually correct and passed certain adverse remarks in the judgment - Application seekingI expunction of remarks on the ground that the word 'possession' denoted different meaning so far as 1894 A…
Supreme Court of India28 Sep 2011Full text
2011 INSC 722 · [2011] 15 S.C.R. 92
1.2. In 1955, the Code of Criminal Procedure E (Amendment) Act, 1955 deleted the aforesaid section 367(5) of the 1898 Code. As a result of this amendment, which came into effect from 1st January 1956, it was no longer necessary for a Court to record in its judgment, in case of conviction in connection with an offence F…
Supreme Court of India28 Sep 2011Full text
2011 INSC 721 · [2011] 11 S.C.R. 635
- Thus, the selection process has to be conducted strictly in accordance with the stipulated selection procedure - When a particular schedule is mentioned in an advertisement, the G same has to be scrupulously maintained - There can be no relaxation in the terms and conditions contained in the advertisement unless the …
Supreme Court of India28 Sep 2011Full text
2011 INSC 720 · [2011] 11 S.C.R. 631
Mahabir Singh, Vikram Chaudhari, Nikhil Jain and Preeti Singh for the Appellant. 631 H 632 SUPREME COURT REPORTS (2011) 11 S.C.R A Harendra Singh, Sandeep Kr. Mishra and Kuldeep Singh for the Respondent. The Order of the Court was delivered by ORDER B T.S. THAKUR, J. 1. Leave granted. 2. This appeal arises out of an or…
Supreme Court of India25 Jan 2011Full text
2011 INSC 72 · [2011] 1 S.C.R. 842
s.482 - Scope of, while hearing the applications seeking H 842 ' KANAKA REKHA NAIK v. MANOJ KUMAR PRADHAN 843 .. &ANR. suspension of sentence filed by the convicted person - Held: A ,_ ~ High Court in exercise of its power u/s.482 can always pass order and may hear even an intervener while considering the application s…
Supreme Court of India28 Sep 2011Full text
2011 INSC 719 · [2011] 11 S.C.R. 627
CRIMINAL APP ELLATE JURISDICITION : Criminai Appeal G No. 1879 of 2011. From the Judgment and Order dated 13.04.2011 of the High Court of Gujarat at Ahmadabad in Criminal Appeal No. 315 of 2007. 627 H 628 SUPREME COURT REPORTS [2011) 11 S.C.R. A D.N. Ray, Lokesh K. Choudhary and Sumita Ray for the Appellants. Hemantika…
Supreme Court of India27 Sep 2011Full text
2011 INSC 718 · [2011] 11 S.C.R. 599
- The right of appeal or revision is not an absolute right, but is a statutory right which can be circumscribed by the conditions in the grant made by the statute -Revision. D CONSTITUTION OF IND/A, 1950: Article 226 - Writ petition challenging the order determining the stamp duty dismissed by High Court on the ground …
Supreme Court of India27 Sep 2011Full text
2011 INSC 717 · [2011] 11 S.C.R. 527
NOT/FICA TIONS Government of India, Ministry of Irrigation & Power Jetter dated 27. 7.1985 - Allocation of 12% of power generated, to E 'mother-State" free of cost - Held: Is applicable to Joint ventures between the Union and one or more…
Supreme Court of India27 Sep 2011Full text
2011 INSC 716 · [2011] 14 S.C.R. 154
However, respondent no.1 failed to carry out the work as per the schedule. The appellant-company cancelled the order placed w.e.f. from 26.5.1995 i.e. from the date when the order was placed. D Respondent no.1 filed three complaints with crime branch, one in 2000 and two in 2001 alleging that they had carried out sever…
Also on Law on Tips: Bare Acts · Legal news and analysis
F The appellant-accused was prosecuted for committing murders of his brother, sister-in-law, and his nephew and attempting to murder his other nephew and the niece (PW 7). The accused was residing with his brother 'MK' (deceased) and his family consisting of MK's G wife, 'M' (deceased) and their three children in a ren…
Supreme Court of India30 Sep 2011Full text
2011 INSC 731 · [2011] 14 S.C.R. 211
[2011] 14 (ADDL.) S.C.R. 211 STATE OF HARYANA A v. MUKESH KUMAR & ORS. (Special Leave Petition (Civil) No. 28034 of 2011) SEPTEMBER 30, 2011 B [OALVEER BHANDARI ANO OEEPAK VERMA, JJ.] Adverse possession: Property rights- Claim for, by way of adverse possession C - Whether the State/Police Department, which is in charge…
Supreme Court of India30 Sep 2011Full text
2011 INSC 730 · [2011] 14 S.C.R. 187
188 SUPREME COURT REPORTS [2011] 14 (ADDL.) $.C.R. A Court are unsustainable and the findings of the trial court that respondents are gratuitous licencees was correct and justified -- Decree for possession of the suit portions granted by the trial court is restored. Article 136 - Jurisdiction under - Exercise of -8 Int…
Supreme Court of India25 Jan 2011Full text
2011 INSC 73 · [2011] 1 S.C.R. 997
998 . SUPREME COURT REPORTS [2011) 1 S.C.R. .... A Rules, 1987 -r. 15 -Delhi Police Establishment Act, 1946 s. 3 ss. 3(1), 3(2) and 3(3) -Prosecution -Held: Section 3 gives due importance to the aspect of intent -A person can be charged with s. 3(1) only when the prosecution has established that the offence was committ…
Supreme Court of India30 Sep 2011Full text
2011 INSC 729 · [2011] 15 S.C.R. 135
- The conduct of the majority shareholders should not only F be oppressive to the minority, but must also be burdensome and operating harshly upto the date of the petition - On facts, although, the Chatterjee Group complained of the manner in which it had been reduced to a minority in the Company in question, it is als…
Supreme Court of India30 Sep 2011Full text
2011 INSC 728 · [2011] 14 S.C.R. 240
1.2 Section 2(i) Cr.P.C. defines a "non-cognizable offence", in respect whereof a police officer has no E authority to arrest without warrant. The said definition defines the general rule since even under the Code some offences, though "non-cognizable" have been included in Part I of the First Schedule to the Code as b…
Supreme Court of India29 Sep 2011Full text
2011 INSC 727 · [2011] 15 S.C.R. 793
- There was deceit and injury-s.52 (f) of the Act was clearly attracted since respondent had acted with intent to defraud -Any Army officer indulging into such acts could no longer be retained in the services of the Army, and the order passed by the General Court Martial could not be faulted - The Single G Judge rightl…
Supreme Court of India29 Sep 2011Full text
2011 INSC 726 · [2011] 11 S.C.R. 701
The State Government, at the instance of the Karnataka State Tourism Development Corporation (Corporation), issued notification dated 29.12.1981 uls G 4(1) and declaration u/s 6 of the Land Acquisition Act, 1894 acquiring the land admeasuring 37 acres 4 guntas of land comprised in various survey numbers including Surve…
Supreme Court of India29 Sep 2011Full text
2011 INSC 725 · [2011] 11 S.C.R. 690
- If there is no age relaxation in the Rules, the same cannot D be brought in ·by any judicial interpretation - Advertisement of the Public Service Commission issued in the year 2002, required the persons concerned to be of less than thirty five years of age at the relevant time - There was no age relaxation in favour …
Supreme Court of India29 Sep 2011Full text
2011 INSC 724 · [2011] 11 S.C.R. 651
NTPC LTD. v. M.P. STATE ELECTRICITY BOARD & 653 ORS. and the Electricity Boards became entitled to get the A refund/adjustment of these differential amounts. However, the Central Commission disallowed the claim of the Electricity Boards for payment of interest on the differential amounts between the tariff finally dete…
Supreme Court of India29 Sep 2011Full text
2011 INSC 723 · [2011] 11 S.C.R. 678
STATE OF MADHYA PRADESH v. NARMADA 679 BACHAO ANDOLAN & ANR. applicant regarding the physical possession of land was not A factually correct and passed certain adverse remarks in the judgment - Application seekingI expunction of remarks on the ground that the word 'possession' denoted different meaning so far as 1894 A…
Supreme Court of India28 Sep 2011Full text
2011 INSC 722 · [2011] 15 S.C.R. 92
1.2. In 1955, the Code of Criminal Procedure E (Amendment) Act, 1955 deleted the aforesaid section 367(5) of the 1898 Code. As a result of this amendment, which came into effect from 1st January 1956, it was no longer necessary for a Court to record in its judgment, in case of conviction in connection with an offence F…
Supreme Court of India28 Sep 2011Full text
2011 INSC 721 · [2011] 11 S.C.R. 635
- Thus, the selection process has to be conducted strictly in accordance with the stipulated selection procedure - When a particular schedule is mentioned in an advertisement, the G same has to be scrupulously maintained - There can be no relaxation in the terms and conditions contained in the advertisement unless the …
Supreme Court of India28 Sep 2011Full text
2011 INSC 720 · [2011] 11 S.C.R. 631
Mahabir Singh, Vikram Chaudhari, Nikhil Jain and Preeti Singh for the Appellant. 631 H 632 SUPREME COURT REPORTS (2011) 11 S.C.R A Harendra Singh, Sandeep Kr. Mishra and Kuldeep Singh for the Respondent. The Order of the Court was delivered by ORDER B T.S. THAKUR, J. 1. Leave granted. 2. This appeal arises out of an or…
Supreme Court of India25 Jan 2011Full text
2011 INSC 72 · [2011] 1 S.C.R. 842
s.482 - Scope of, while hearing the applications seeking H 842 ' KANAKA REKHA NAIK v. MANOJ KUMAR PRADHAN 843 .. &ANR. suspension of sentence filed by the convicted person - Held: A ,_ ~ High Court in exercise of its power u/s.482 can always pass order and may hear even an intervener while considering the application s…
Supreme Court of India28 Sep 2011Full text
2011 INSC 719 · [2011] 11 S.C.R. 627
CRIMINAL APP ELLATE JURISDICITION : Criminai Appeal G No. 1879 of 2011. From the Judgment and Order dated 13.04.2011 of the High Court of Gujarat at Ahmadabad in Criminal Appeal No. 315 of 2007. 627 H 628 SUPREME COURT REPORTS [2011) 11 S.C.R. A D.N. Ray, Lokesh K. Choudhary and Sumita Ray for the Appellants. Hemantika…
Supreme Court of India27 Sep 2011Full text
2011 INSC 718 · [2011] 11 S.C.R. 599
- The right of appeal or revision is not an absolute right, but is a statutory right which can be circumscribed by the conditions in the grant made by the statute -Revision. D CONSTITUTION OF IND/A, 1950: Article 226 - Writ petition challenging the order determining the stamp duty dismissed by High Court on the ground …
Supreme Court of India27 Sep 2011Full text
2011 INSC 717 · [2011] 11 S.C.R. 527
NOT/FICA TIONS Government of India, Ministry of Irrigation & Power Jetter dated 27. 7.1985 - Allocation of 12% of power generated, to E 'mother-State" free of cost - Held: Is applicable to Joint ventures between the Union and one or more…
Supreme Court of India27 Sep 2011Full text
2011 INSC 716 · [2011] 14 S.C.R. 154
However, respondent no.1 failed to carry out the work as per the schedule. The appellant-company cancelled the order placed w.e.f. from 26.5.1995 i.e. from the date when the order was placed. D Respondent no.1 filed three complaints with crime branch, one in 2000 and two in 2001 alleging that they had carried out sever…
Also on Law on Tips: Bare Acts · Legal news and analysis