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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.
641–660 · Page 33 of 382
Supreme Court of India28 Mar 2019Full text
2019 INSC 415 · [2019] 5 S.C.R. 521
Civil Appeal No.3285 of 2019. H UNITED INDIA INSURANCE CO. LTD.v. ANTIQUE ART 523 EXPORTS PVT. LTD. Vineet Malhotra, Yasir Rauf, Obhirup Ghosh, Vishal Ghori, Mohit A Paul, Advs. for the Appellant. Dhruv Mehta, Sr. Adv., Rahul Sharma, P. N. Puri, Vivek Sibal, Advs. for the Respondent. The Judgment of the Court was deliv…
Supreme Court of India28 Mar 2019Full text
2019 INSC 414 · [2019] 5 S.C.R. 881
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.
641–660 · Page 33 of 382
Supreme Court of India28 Mar 2019Full text
2019 INSC 415 · [2019] 5 S.C.R. 521
Civil Appeal No.3285 of 2019. H UNITED INDIA INSURANCE CO. LTD.v. ANTIQUE ART 523 EXPORTS PVT. LTD. Vineet Malhotra, Yasir Rauf, Obhirup Ghosh, Vishal Ghori, Mohit A Paul, Advs. for the Appellant. Dhruv Mehta, Sr. Adv., Rahul Sharma, P. N. Puri, Vivek Sibal, Advs. for the Respondent. The Judgment of the Court was deliv…
Supreme Court of India28 Mar 2019Full text
2019 INSC 414 · [2019] 5 S.C.R. 881
Allowing the appeals, the Court HELD: 1.1 The trial in the suit has not been done satisfactorily inasmuch as the defendant was not afforded an adequate opportunity to file his written statement. In the absence G of any written statement, the defendant could neither adduce proper evidence nor file any documentary eviden…
Supreme Court of India28 Mar 2019Full text
2019 INSC 413 · [2019] 5 S.C.R. 886
E Allowing the appeals, the Court HELD: 1. This Court has consistently held that the High Court has no jurisdiction to allow the second appeal without framing a substantial question of law as provided under Section 100 of the Code. In other words, the sine qua non for allowing F the second appeal is to first frame the …
Supreme Court of India28 Mar 2019Full text
2019 INSC 411 · [2019] 2 S.C.R. 1065
not justified in remanding the case to the magistrate – There was enough material before the appellate court to decide the appeal on merits – Thus, the order passed by the High Court and the appellate court set aside. Allowing the appeal, the Court F HELD: 1.1 The High Court was not justified in allowing the revision f…
Supreme Court of India28 Mar 2019Full text
2019 INSC 410 · [2019] 5 S.C.R. 511
B With Civil Appeal No.4838 of 2011. Mohit Chaudhary, Ms. Puja Sharma, Balwinder Singh Suri, Ms. Sarima Sharma, Advs. for the Appellant. Devadatt Kamat, AAG, Aristotle Joseph S., Javedur Rahman, C Ms. Priya Aristotle, Rajesh Inamdar, Aditya Bhat, V. N. Raghupathy, Advs. for the Respondent. The Judgment of the Court was…
Supreme Court of India9 Jan 2019Full text
2019 INSC 41 · [2019] 1 S.C.R. 215
G Allowing the appeals, the Court HELD: 1.1 When in the northern side of the plot a pitch road was constructed which was prior to consolidation operation, the co-sharers of plot were entitled to get the benefit of road and H 215 216 SUPREME COURT REPORTS [2019] 1 S.C.R. A when the Settlement Officer of Consolidation ha…
Supreme Court of India27 Mar 2019Full text
2019 INSC 409 · [2019] 8 S.C.R. 912
Contempt of Court – A Bench of the Supreme Court convicted one advocate ‘MN’ for committing contempt in the face of the Court by judgment dated 12.03.2019, as reported in [2019] 5 SCR 313 – E Two complaints were filed against the said Bench of the Supreme Court – One complaint dated 20.03.2019 was filed by the ‘Indian …
Supreme Court of India27 Mar 2019Full text
2019 INSC 408 · [2019] 5 S.C.R. 91
Court was not justified in directing release of the accused – Order passed by the High Court is set aside. Interpretation of statutes: Provisions, when mandatory or directory – Held: While laying down a particular procedure if no negative or adverse consequences are contemplated for non-C adherence, relevant provision …
Supreme Court of India27 Mar 2019Full text
2019 INSC 407 · [2019] 5 S.C.R. 139
3. The real bone of contention which survives for consideration is the NCCD. The reason for this is that while the two cesses discussed aforesaid were in the nature of levy on the G excise duty payable, the NCCD is levied on the product itself, as per Section 136 of the Finance Act, 2001. It is this aspect, inter alia,…
Supreme Court of India27 Mar 2019Full text
2019 INSC 406 · [2019] 5 S.C.R. 152
154 SUPREME COURT REPORTS [2019] 5 S.C.R. A and relied on s.70 of the Contract Act – The non-production of the cement issue register and unstamped receipt by the department led the arbitrator to raise an adverse inference against the department – The arbitrator proceeded to award varying sums under the three contracts …
Supreme Court of India26 Mar 2019Full text
2019 INSC 404 · [2019] 2 S.C.R. 1047
WITH CIVIL APPEAL NOS. 3199-3200, 3201-3202 AND 3203 OF 2019. H CTO, ANTI EVASION, CIRCLE III, RAJ., JAIPUR v. 1049 M/S PRASOON ENTERPRISES, JAIPUR Dr. Manish Singhvi, AAG, D.K. Devesh, Satyendra Kumar, Irshad A Ahmad, Advs. for the Appellant. Ms. Jyoti Mendiratta, Ravinder Pal Singh, Advs. for the Respondent. The Judg…
Supreme Court of India26 Mar 2019Full text
2019 INSC 403 · [2019] 5 S.C.R. 46
SCR 400; Co-operators Life Insurance Company v. Randolph Charles Gibbens 2009 SCC 59 – referred to Lovelace v. Traveler’s Protective Association 47 Am. St. Rep. 638; Sinclair v. Maritime Passengers Assurance E (1861) 3 E&E 478; Fenton v. Thorley & Co. Ltd. (1903) AC 443; Steel v. Cammel, Laird & Co. (1905) 2 K.B. 232; …
Supreme Court of India26 Mar 2019Full text
2019 INSC 402 · [2019] 5 S.C.R. 21
Abhinav Mukerji, Ms. Bihu Sharma, Ms. Pratishtha Vij, Ms. Purnima Krishna, Advs. for the Respondents. The Judgment of the Court was delivered by C ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 30.01.2014 passed by the High Court of Judicature at Patna in…
Supreme Court of India26 Mar 2019Full text
2019 INSC 401 · [2019] 6 S.C.R. 154
451 CrPC to direct release of the seized vehicle – Order passed by the High Court u/s. 482 CrPC directing the Magistrate to pass orders for interim release of the seized vehicle set aside – Code of Criminal Procedure, 1973 – ss. 451, 482. Allowing the appeals, the Court E HELD: 1.1 Under sub-section (1) of Section 52 o…
Supreme Court of India26 Mar 2019Full text
2019 INSC 400 · [2019] 5 S.C.R. 25
report directed under sub-section (2A), without an application by the assessee – Amendment was intended to remove ambiguity and is clarificatory in nature . Allowing the appeals, the Court HELD: 1.1 Sub-section (2A) of Section 142 of the Income F Tax Act, 1961 empowers the assessing officer to direct the assessee to ge…
Supreme Court of India9 Jan 2019Full text
2019 INSC 40 · [2019] 1 S.C.R. 179
[2019] 1 S.C.R. 179 179 REGIONAL TRANSPORT OFFICER & ORS. ETC. A v. K. JAYACHANDRA & ANR. ETC. (Civil Appeal Nos. 219-222 of 2019) JANUARY 09, 2019 B [ARUN MISHRA AND VINEET SARAN, JJ.] Motor Vehicles Act, 1988: s. 52 (as amended by Act 27/2000) – Alteration in motor vehicle – Permissible limit – Held: The very object …
Supreme Court of India3 Jan 2019Full text
2019 INSC 4 · [2019] 1 S.C.R. 281
computation of pension, the appellant is not precluded to raise the issues again, the principle of res judicata/estoppel not attracted – Fundamental Rules – rr. 9(21)(a)(i) and 9(25) – Central Civil Services Pension Rules, 1972 – r. 33. H 281 282 SUPREME COURT REPORTS [2019] 1 S.C.R. A Dismissing the appeals, the Court…
Supreme Court of India26 Mar 2019Full text
2019 INSC 399 · [2019] 5 S.C.R. 61
[2019] 5 S.C.R. 61 61 MODERN TRANSPORTATION CONSULTATION SERVICES A PVT. LTD. & ANR. v. CENTRAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION & ORS. B (Civil Appeal No. 7698 of 2009) MARCH 26, 2019 [ABHAY MANOHAR SAPRE AND DINESH MAHESHWARI, JJ.] C Employees’ Provident Fund and Miscellaneous Provisi…
Supreme Court of India26 Mar 2019Full text
2019 INSC 398 · [2019] 2 S.C.R. 1042
time took the impugned action to resume the land against them – Such averment by itself would not constitute a plea of mala fides without there being any substantial material in its support – The Division Bench of High Court was right in upholding the resumption order as being legal and in conformity with clause 4 of t…
Supreme Court of India25 Mar 2019Full text
2019 INSC 397 · [2019] 5 S.C.R. 897
Disposing of the appeals, the Court B HELD: At the present stage, the limited issue with which this Court is concerned is whether a direction for the deletion of the second respondent was warranted. On the basis of the material on record, it is not possible for the Court to conclude at this stage that the second respon…
Also on Law on Tips: Bare Acts · Legal news and analysis
Allowing the appeals, the Court HELD: 1.1 The trial in the suit has not been done satisfactorily inasmuch as the defendant was not afforded an adequate opportunity to file his written statement. In the absence G of any written statement, the defendant could neither adduce proper evidence nor file any documentary eviden…
Supreme Court of India28 Mar 2019Full text
2019 INSC 413 · [2019] 5 S.C.R. 886
E Allowing the appeals, the Court HELD: 1. This Court has consistently held that the High Court has no jurisdiction to allow the second appeal without framing a substantial question of law as provided under Section 100 of the Code. In other words, the sine qua non for allowing F the second appeal is to first frame the …
Supreme Court of India28 Mar 2019Full text
2019 INSC 411 · [2019] 2 S.C.R. 1065
not justified in remanding the case to the magistrate – There was enough material before the appellate court to decide the appeal on merits – Thus, the order passed by the High Court and the appellate court set aside. Allowing the appeal, the Court F HELD: 1.1 The High Court was not justified in allowing the revision f…
Supreme Court of India28 Mar 2019Full text
2019 INSC 410 · [2019] 5 S.C.R. 511
B With Civil Appeal No.4838 of 2011. Mohit Chaudhary, Ms. Puja Sharma, Balwinder Singh Suri, Ms. Sarima Sharma, Advs. for the Appellant. Devadatt Kamat, AAG, Aristotle Joseph S., Javedur Rahman, C Ms. Priya Aristotle, Rajesh Inamdar, Aditya Bhat, V. N. Raghupathy, Advs. for the Respondent. The Judgment of the Court was…
Supreme Court of India9 Jan 2019Full text
2019 INSC 41 · [2019] 1 S.C.R. 215
G Allowing the appeals, the Court HELD: 1.1 When in the northern side of the plot a pitch road was constructed which was prior to consolidation operation, the co-sharers of plot were entitled to get the benefit of road and H 215 216 SUPREME COURT REPORTS [2019] 1 S.C.R. A when the Settlement Officer of Consolidation ha…
Supreme Court of India27 Mar 2019Full text
2019 INSC 409 · [2019] 8 S.C.R. 912
Contempt of Court – A Bench of the Supreme Court convicted one advocate ‘MN’ for committing contempt in the face of the Court by judgment dated 12.03.2019, as reported in [2019] 5 SCR 313 – E Two complaints were filed against the said Bench of the Supreme Court – One complaint dated 20.03.2019 was filed by the ‘Indian …
Supreme Court of India27 Mar 2019Full text
2019 INSC 408 · [2019] 5 S.C.R. 91
Court was not justified in directing release of the accused – Order passed by the High Court is set aside. Interpretation of statutes: Provisions, when mandatory or directory – Held: While laying down a particular procedure if no negative or adverse consequences are contemplated for non-C adherence, relevant provision …
Supreme Court of India27 Mar 2019Full text
2019 INSC 407 · [2019] 5 S.C.R. 139
3. The real bone of contention which survives for consideration is the NCCD. The reason for this is that while the two cesses discussed aforesaid were in the nature of levy on the G excise duty payable, the NCCD is levied on the product itself, as per Section 136 of the Finance Act, 2001. It is this aspect, inter alia,…
Supreme Court of India27 Mar 2019Full text
2019 INSC 406 · [2019] 5 S.C.R. 152
154 SUPREME COURT REPORTS [2019] 5 S.C.R. A and relied on s.70 of the Contract Act – The non-production of the cement issue register and unstamped receipt by the department led the arbitrator to raise an adverse inference against the department – The arbitrator proceeded to award varying sums under the three contracts …
Supreme Court of India26 Mar 2019Full text
2019 INSC 404 · [2019] 2 S.C.R. 1047
WITH CIVIL APPEAL NOS. 3199-3200, 3201-3202 AND 3203 OF 2019. H CTO, ANTI EVASION, CIRCLE III, RAJ., JAIPUR v. 1049 M/S PRASOON ENTERPRISES, JAIPUR Dr. Manish Singhvi, AAG, D.K. Devesh, Satyendra Kumar, Irshad A Ahmad, Advs. for the Appellant. Ms. Jyoti Mendiratta, Ravinder Pal Singh, Advs. for the Respondent. The Judg…
Supreme Court of India26 Mar 2019Full text
2019 INSC 403 · [2019] 5 S.C.R. 46
SCR 400; Co-operators Life Insurance Company v. Randolph Charles Gibbens 2009 SCC 59 – referred to Lovelace v. Traveler’s Protective Association 47 Am. St. Rep. 638; Sinclair v. Maritime Passengers Assurance E (1861) 3 E&E 478; Fenton v. Thorley & Co. Ltd. (1903) AC 443; Steel v. Cammel, Laird & Co. (1905) 2 K.B. 232; …
Supreme Court of India26 Mar 2019Full text
2019 INSC 402 · [2019] 5 S.C.R. 21
Abhinav Mukerji, Ms. Bihu Sharma, Ms. Pratishtha Vij, Ms. Purnima Krishna, Advs. for the Respondents. The Judgment of the Court was delivered by C ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 30.01.2014 passed by the High Court of Judicature at Patna in…
Supreme Court of India26 Mar 2019Full text
2019 INSC 401 · [2019] 6 S.C.R. 154
451 CrPC to direct release of the seized vehicle – Order passed by the High Court u/s. 482 CrPC directing the Magistrate to pass orders for interim release of the seized vehicle set aside – Code of Criminal Procedure, 1973 – ss. 451, 482. Allowing the appeals, the Court E HELD: 1.1 Under sub-section (1) of Section 52 o…
Supreme Court of India26 Mar 2019Full text
2019 INSC 400 · [2019] 5 S.C.R. 25
report directed under sub-section (2A), without an application by the assessee – Amendment was intended to remove ambiguity and is clarificatory in nature . Allowing the appeals, the Court HELD: 1.1 Sub-section (2A) of Section 142 of the Income F Tax Act, 1961 empowers the assessing officer to direct the assessee to ge…
Supreme Court of India9 Jan 2019Full text
2019 INSC 40 · [2019] 1 S.C.R. 179
[2019] 1 S.C.R. 179 179 REGIONAL TRANSPORT OFFICER & ORS. ETC. A v. K. JAYACHANDRA & ANR. ETC. (Civil Appeal Nos. 219-222 of 2019) JANUARY 09, 2019 B [ARUN MISHRA AND VINEET SARAN, JJ.] Motor Vehicles Act, 1988: s. 52 (as amended by Act 27/2000) – Alteration in motor vehicle – Permissible limit – Held: The very object …
Supreme Court of India3 Jan 2019Full text
2019 INSC 4 · [2019] 1 S.C.R. 281
computation of pension, the appellant is not precluded to raise the issues again, the principle of res judicata/estoppel not attracted – Fundamental Rules – rr. 9(21)(a)(i) and 9(25) – Central Civil Services Pension Rules, 1972 – r. 33. H 281 282 SUPREME COURT REPORTS [2019] 1 S.C.R. A Dismissing the appeals, the Court…
Supreme Court of India26 Mar 2019Full text
2019 INSC 399 · [2019] 5 S.C.R. 61
[2019] 5 S.C.R. 61 61 MODERN TRANSPORTATION CONSULTATION SERVICES A PVT. LTD. & ANR. v. CENTRAL PROVIDENT FUND COMMISSIONER EMPLOYEES PROVIDENT FUND ORGANISATION & ORS. B (Civil Appeal No. 7698 of 2009) MARCH 26, 2019 [ABHAY MANOHAR SAPRE AND DINESH MAHESHWARI, JJ.] C Employees’ Provident Fund and Miscellaneous Provisi…
Supreme Court of India26 Mar 2019Full text
2019 INSC 398 · [2019] 2 S.C.R. 1042
time took the impugned action to resume the land against them – Such averment by itself would not constitute a plea of mala fides without there being any substantial material in its support – The Division Bench of High Court was right in upholding the resumption order as being legal and in conformity with clause 4 of t…
Supreme Court of India25 Mar 2019Full text
2019 INSC 397 · [2019] 5 S.C.R. 897
Disposing of the appeals, the Court B HELD: At the present stage, the limited issue with which this Court is concerned is whether a direction for the deletion of the second respondent was warranted. On the basis of the material on record, it is not possible for the Court to conclude at this stage that the second respon…
Also on Law on Tips: Bare Acts · Legal news and analysis