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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.
661–680 · Page 34 of 382
Supreme Court of India25 Mar 2019Full text
2019 INSC 396 · [2019] 5 S.C.R. 11
and Order dated 24.03.2015 of the High Court of Judicature at Bombay in Criminal Appeal No. 700 of 2013 Ravi Prakash Mehrotra, Ms. Deepti R. Mehrotra, Ankit…
Supreme Court of India25 Mar 2019Full text
2019 INSC 395 · [2019] 2 S.C.R. 1070
– Thus, the orders passed by the forum below for refund justified – Rate of interest payable by the developer to the buyer modified to 9% p.a. instead of 12% p.a. – Interest. H 1070 KOLKATA WEST INTERNATIONAL CITY PVT LTD v. 1071 DEVASIS RUDRA Disposing of the appeal, the Court A HELD: 1.1 Under the Agreement clause, a…
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.
661–680 · Page 34 of 382
Supreme Court of India25 Mar 2019Full text
2019 INSC 396 · [2019] 5 S.C.R. 11
and Order dated 24.03.2015 of the High Court of Judicature at Bombay in Criminal Appeal No. 700 of 2013 Ravi Prakash Mehrotra, Ms. Deepti R. Mehrotra, Ankit…
Supreme Court of India25 Mar 2019Full text
2019 INSC 395 · [2019] 2 S.C.R. 1070
– Thus, the orders passed by the forum below for refund justified – Rate of interest payable by the developer to the buyer modified to 9% p.a. instead of 12% p.a. – Interest. H 1070 KOLKATA WEST INTERNATIONAL CITY PVT LTD v. 1071 DEVASIS RUDRA Disposing of the appeal, the Court A HELD: 1.1 Under the Agreement clause, a…
Supreme Court of India25 Mar 2019Full text
2019 INSC 394 · [2019] 5 S.C.R. 890
Therefore, the order passed by the National Consumer Commission does not suffer from any error. [Paras 12, 16, 17 and 18][984-G-H; 985-F-H; 986-A-B] CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7315 of 2016 C From the Judgment and Order dated 23.02.2016 of the National Consumer Disputes Redressal Commission, New Delh…
Supreme Court of India15 Mar 2019Full text
2019 INSC 393 · [2019] 5 S.C.R. 417
– On appeal, held: Appellant could not deny his signature on the D cheques in question – Said cheques were presented to the Bank concerned within the period of their validity and were returned unpaid for insufficient funds or for account being closed – All the basic ingredients of s.138 as also of ss.118 and 139 were a…
Supreme Court of India15 Mar 2019Full text
2019 INSC 392 · [2019] 5 S.C.R. 6
– Accordingly, appeal remanded to the High Court for its decisionF on merits in accordance with law along with another appeal, if pending – No opinion expressed on the merits of the case. Allowing the appeal, the Court HELD: 1.1 The High Court did not frame any substantialG question of law as is required to be framed u…
Supreme Court of India15 Mar 2019Full text
2019 INSC 391 · [2019] 2 S.C.R. 1014
Allowing the appeal, the Court HELD: The High Court while dismissing the revision did not assign any reason. The disposal of the revision in this manner E cannot be countenanced. The least that was expected of was that the High Court would apply its judicial mind to the factual and legal aspects arising in the case and…
Supreme Court of India15 Mar 2019Full text
2019 INSC 390 · [2019] 4 S.C.R. 254
254 SUPREME COURT[2019]REPORTS4 S.C.R. 254 [2019] 4 S.C.R. A P. BANDOPADHYA & ORS. v. UNION OF INDIA & ORS. (Civil Appeal No. 3149 of 2019) B MARCH 15, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Service Law: Pension – Entitlement to – Conversion of a Government C Department into Central Public Sector Undertaking/Au…
Supreme Court of India15 Mar 2019Full text
2019 INSC 389 · [2019] 4 S.C.R. 247
H DAUWALAL @ GANESH DEVANGAN v. STATE OF M.P. (NOW 249 STATE OF CHHATTISGARH) [UDAY UMESH LALIT, J.] Ajit Sharma(AC), Navin Prakash, Meetu Singh, Anshuman A Shrivastava, Abhijeet Shrivastava, B. Ramana Murthy, Advs. for the Appellants. Sumeer Sodhi, Aman Nandrajog, Ashish Tiwari, Suryakamal Mishra, Advs. for the Respon…
Supreme Court of India15 Mar 2019Full text
2019 INSC 388 · [2019] 2 S.C.R. 1017
1017 1018 SUPREME COURT REPORTS [2019] 2 S.C.R. A Institution is not in tribal or hilly areas, and it does not have its own Parent Hospital - Thus, grant of permission to run the M.Sc (Nursing) course for the academic session 2018-19 would not arise Dismissing the appeal, the Court HELD: 1.1 Though it may be true that …
Supreme Court of India15 Mar 2019Full text
2019 INSC 387 · [2019] 2 S.C.R. 1025
the Gramin Dak Sewak as per his voluntary resignation – Thus, respondent no. 1 became disentitled from the payment of gratuity under the 2011 Rules applicable to Gramin Dak Sewaks – Gramin Dak Sewak (Conduct and Engagement) Rules, 2011 – rr. 6(1), 6(13), 3-A (i). F Allowing the appeals, the Court HELD: 1.1 Section 1(3)…
Supreme Court of India15 Mar 2019Full text
2019 INSC 386 · [2019] 4 S.C.R. 208
uncontroverted, would lead to the conviction of the accused – In the present case, consideration of the application had been as if the existence of a case beyond reasonable doubt was being examined against the proposed accused – This was clearly an erroneous approach – Impugned order is set aside and application is res…
Supreme Court of India15 Mar 2019Full text
2019 INSC 385 · [2019] 4 S.C.R. 199
[2019] 4 S.C.R. 199 199 NANDLAL A v. THE STATE OF MAHARASHTRA (Criminal Appeal No. 510 of 2019) MARCH 15, 2019 B [R. BANUMATHI AND R. SUBHASH REDDY , JJ.] Penal Code, 1860 – s.302/34 or s.304 Part II – Conviction under – Prosecution case that there was exchange of abuse between the two parties over expenses of the cons…
Supreme Court of India15 Mar 2019Full text
2019 INSC 384 · [2019] 4 S.C.R. 218
Allowing the appeal, the Court F HELD: 1.1 The High Court erred in entertaining the petition filed by respondent Nos. 2 to 17 under Section 482 of the Code of Criminal Procedure, 1973 and further erred in allowing it in part. No proper investigation could be made by the Investigating Officer (IO) much less concluded on…
Supreme Court of India15 Mar 2019Full text
2019 INSC 383 · [2019] 5 S.C.R. 240
taking away minor children – Emergency petition by husband/ father before US Court – US Court passed order for continuing jurisdiction over custody matter and granted temporary custody to the wife/mother with direction to return the children to the jurisdiction of US Court – Husband/father’s application objecting E to …
Supreme Court of India15 Mar 2019Full text
2019 INSC 382 · [2019] 4 S.C.R. 765
765 766 SUPREME COURT REPORTS [2019] 4 S.C.R. A had to submit report within 15 days – When the appellant was released from the custody, his statement was duly taken and after considering his statement further Supplementary Report was submitted – In the show-cause notice with respect to the material relied by the Discip…
Supreme Court of India15 Mar 2019Full text
2019 INSC 381 · [2019] 5 S.C.R. 444
F Allowing the appeal, the Court HELD: 1. Keeping in view the law laid down by this Court in the case of Union of India v. Vartak Labour Union (2) and then examining the facts of the case at hand, this Court finds that the facts of the case at hand and the one which were subject matter G in the case of Union of India a…
Supreme Court of India15 Mar 2019Full text
2019 INSC 380 · [2019] 5 S.C.R. 225
Disposing of the appeals, the Court B HELD: 1. Existence of a duty of care In the instant case, the deceased and the complainant were guests in the hotel run by the appellant. Since the facility of a swimming pool was available for use by the guests of the hotel, there was a close and proximate relationship between the…
Supreme Court of India8 Jan 2019Full text
2019 INSC 38 · [2019] 1 S.C.R. 256
G CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 30 of 2019. From the Judgment and Order dated 28.10.2014 of the High Court of Delhi at New Delhi in Crl. Rev. P. No. 557 of 2012. H 256 CHANDER BHAN SINGH v. CENTRAL BUREAU OF 257 INVESTIGATION K. K. Rai, Sr. Adv., Tarkeshwar Nath, Chandrashekhar A. A Chakalabbi, S…
Supreme Court of India15 Mar 2019Full text
2019 INSC 379 · [2019] 5 S.C.R. 495
justified in dismissing the writ petition – Order of the Single Judge did not suffer from any error of fact or law – Order of the Division Bench set aside. Respondent joined the police service as Constable. He was dismissed from the service for misconduct on charge of F drunkenness and misbehavior with public. Writ pet…
Supreme Court of India15 Mar 2019Full text
2019 INSC 378 · [2019] 4 S.C.R. 222
H 222 KAIKHOSROU (CHICK) KAVASJI FRAMJI v. UOI 223 Precedent: Binding effect of – Reading a decision to find out A ratio decidendi – Three Judge Bench decisions – Judgment authored by one judge, and the other two judges concurred with the said view and the reasoning – Two concurring judges also supplemented their indiv…
Also on Law on Tips: Bare Acts · Legal news and analysis
Supreme Court of India25 Mar 2019Full text
2019 INSC 394 · [2019] 5 S.C.R. 890
Therefore, the order passed by the National Consumer Commission does not suffer from any error. [Paras 12, 16, 17 and 18][984-G-H; 985-F-H; 986-A-B] CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7315 of 2016 C From the Judgment and Order dated 23.02.2016 of the National Consumer Disputes Redressal Commission, New Delh…
Supreme Court of India15 Mar 2019Full text
2019 INSC 393 · [2019] 5 S.C.R. 417
– On appeal, held: Appellant could not deny his signature on the D cheques in question – Said cheques were presented to the Bank concerned within the period of their validity and were returned unpaid for insufficient funds or for account being closed – All the basic ingredients of s.138 as also of ss.118 and 139 were a…
Supreme Court of India15 Mar 2019Full text
2019 INSC 392 · [2019] 5 S.C.R. 6
– Accordingly, appeal remanded to the High Court for its decisionF on merits in accordance with law along with another appeal, if pending – No opinion expressed on the merits of the case. Allowing the appeal, the Court HELD: 1.1 The High Court did not frame any substantialG question of law as is required to be framed u…
Supreme Court of India15 Mar 2019Full text
2019 INSC 391 · [2019] 2 S.C.R. 1014
Allowing the appeal, the Court HELD: The High Court while dismissing the revision did not assign any reason. The disposal of the revision in this manner E cannot be countenanced. The least that was expected of was that the High Court would apply its judicial mind to the factual and legal aspects arising in the case and…
Supreme Court of India15 Mar 2019Full text
2019 INSC 390 · [2019] 4 S.C.R. 254
254 SUPREME COURT[2019]REPORTS4 S.C.R. 254 [2019] 4 S.C.R. A P. BANDOPADHYA & ORS. v. UNION OF INDIA & ORS. (Civil Appeal No. 3149 of 2019) B MARCH 15, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Service Law: Pension – Entitlement to – Conversion of a Government C Department into Central Public Sector Undertaking/Au…
Supreme Court of India15 Mar 2019Full text
2019 INSC 389 · [2019] 4 S.C.R. 247
H DAUWALAL @ GANESH DEVANGAN v. STATE OF M.P. (NOW 249 STATE OF CHHATTISGARH) [UDAY UMESH LALIT, J.] Ajit Sharma(AC), Navin Prakash, Meetu Singh, Anshuman A Shrivastava, Abhijeet Shrivastava, B. Ramana Murthy, Advs. for the Appellants. Sumeer Sodhi, Aman Nandrajog, Ashish Tiwari, Suryakamal Mishra, Advs. for the Respon…
Supreme Court of India15 Mar 2019Full text
2019 INSC 388 · [2019] 2 S.C.R. 1017
1017 1018 SUPREME COURT REPORTS [2019] 2 S.C.R. A Institution is not in tribal or hilly areas, and it does not have its own Parent Hospital - Thus, grant of permission to run the M.Sc (Nursing) course for the academic session 2018-19 would not arise Dismissing the appeal, the Court HELD: 1.1 Though it may be true that …
Supreme Court of India15 Mar 2019Full text
2019 INSC 387 · [2019] 2 S.C.R. 1025
the Gramin Dak Sewak as per his voluntary resignation – Thus, respondent no. 1 became disentitled from the payment of gratuity under the 2011 Rules applicable to Gramin Dak Sewaks – Gramin Dak Sewak (Conduct and Engagement) Rules, 2011 – rr. 6(1), 6(13), 3-A (i). F Allowing the appeals, the Court HELD: 1.1 Section 1(3)…
Supreme Court of India15 Mar 2019Full text
2019 INSC 386 · [2019] 4 S.C.R. 208
uncontroverted, would lead to the conviction of the accused – In the present case, consideration of the application had been as if the existence of a case beyond reasonable doubt was being examined against the proposed accused – This was clearly an erroneous approach – Impugned order is set aside and application is res…
Supreme Court of India15 Mar 2019Full text
2019 INSC 385 · [2019] 4 S.C.R. 199
[2019] 4 S.C.R. 199 199 NANDLAL A v. THE STATE OF MAHARASHTRA (Criminal Appeal No. 510 of 2019) MARCH 15, 2019 B [R. BANUMATHI AND R. SUBHASH REDDY , JJ.] Penal Code, 1860 – s.302/34 or s.304 Part II – Conviction under – Prosecution case that there was exchange of abuse between the two parties over expenses of the cons…
Supreme Court of India15 Mar 2019Full text
2019 INSC 384 · [2019] 4 S.C.R. 218
Allowing the appeal, the Court F HELD: 1.1 The High Court erred in entertaining the petition filed by respondent Nos. 2 to 17 under Section 482 of the Code of Criminal Procedure, 1973 and further erred in allowing it in part. No proper investigation could be made by the Investigating Officer (IO) much less concluded on…
Supreme Court of India15 Mar 2019Full text
2019 INSC 383 · [2019] 5 S.C.R. 240
taking away minor children – Emergency petition by husband/ father before US Court – US Court passed order for continuing jurisdiction over custody matter and granted temporary custody to the wife/mother with direction to return the children to the jurisdiction of US Court – Husband/father’s application objecting E to …
Supreme Court of India15 Mar 2019Full text
2019 INSC 382 · [2019] 4 S.C.R. 765
765 766 SUPREME COURT REPORTS [2019] 4 S.C.R. A had to submit report within 15 days – When the appellant was released from the custody, his statement was duly taken and after considering his statement further Supplementary Report was submitted – In the show-cause notice with respect to the material relied by the Discip…
Supreme Court of India15 Mar 2019Full text
2019 INSC 381 · [2019] 5 S.C.R. 444
F Allowing the appeal, the Court HELD: 1. Keeping in view the law laid down by this Court in the case of Union of India v. Vartak Labour Union (2) and then examining the facts of the case at hand, this Court finds that the facts of the case at hand and the one which were subject matter G in the case of Union of India a…
Supreme Court of India15 Mar 2019Full text
2019 INSC 380 · [2019] 5 S.C.R. 225
Disposing of the appeals, the Court B HELD: 1. Existence of a duty of care In the instant case, the deceased and the complainant were guests in the hotel run by the appellant. Since the facility of a swimming pool was available for use by the guests of the hotel, there was a close and proximate relationship between the…
Supreme Court of India8 Jan 2019Full text
2019 INSC 38 · [2019] 1 S.C.R. 256
G CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 30 of 2019. From the Judgment and Order dated 28.10.2014 of the High Court of Delhi at New Delhi in Crl. Rev. P. No. 557 of 2012. H 256 CHANDER BHAN SINGH v. CENTRAL BUREAU OF 257 INVESTIGATION K. K. Rai, Sr. Adv., Tarkeshwar Nath, Chandrashekhar A. A Chakalabbi, S…
Supreme Court of India15 Mar 2019Full text
2019 INSC 379 · [2019] 5 S.C.R. 495
justified in dismissing the writ petition – Order of the Single Judge did not suffer from any error of fact or law – Order of the Division Bench set aside. Respondent joined the police service as Constable. He was dismissed from the service for misconduct on charge of F drunkenness and misbehavior with public. Writ pet…
Supreme Court of India15 Mar 2019Full text
2019 INSC 378 · [2019] 4 S.C.R. 222
H 222 KAIKHOSROU (CHICK) KAVASJI FRAMJI v. UOI 223 Precedent: Binding effect of – Reading a decision to find out A ratio decidendi – Three Judge Bench decisions – Judgment authored by one judge, and the other two judges concurred with the said view and the reasoning – Two concurring judges also supplemented their indiv…
Also on Law on Tips: Bare Acts · Legal news and analysis