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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.
6,801–6,820 · Page 341 of 382
Supreme Court of India14 Jan 2011Full text
2011 INSC 48 · [2011] 1 S.C.R. 406
- Sentence/sentencing F s. 90 and s.375, Clauses 'Firstly' and 'Secondly' - Rape - Expressions 'against her will' and 'without her consent' -Explained - Held: The concept of consent in the context of s. 375 has to be read with s. 90. G s.375, Clause 'Sixthly' -Held: Prosecutrix at the relevant time being about 17 ~year…
Supreme Court of India8 Jul 2011Full text
2011 INSC 479 · [2011] 11 S.C.R. 1
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.
6,801–6,820 · Page 341 of 382
Supreme Court of India14 Jan 2011Full text
2011 INSC 48 · [2011] 1 S.C.R. 406
- Sentence/sentencing F s. 90 and s.375, Clauses 'Firstly' and 'Secondly' - Rape - Expressions 'against her will' and 'without her consent' -Explained - Held: The concept of consent in the context of s. 375 has to be read with s. 90. G s.375, Clause 'Sixthly' -Held: Prosecutrix at the relevant time being about 17 ~year…
Supreme Court of India8 Jul 2011Full text
2011 INSC 479 · [2011] 11 S.C.R. 1
Arbitration and Conciliation Act, 1996 - Part I and Part F II of the Act - Difference between - Held: Part I and Part II of the Act are quite different in their object and purpose and the respective schemes. Arbitration and Conciliation Act, 1996 - ss. 37 and 50 - G Appellate provision uls. 37 and u/s. 50 - Difference …
Supreme Court of India7 Jul 2011Full text
2011 INSC 478 · [2011] 9 S.C.R. 41
42 SUPREME COURT REPORTS [2011] 9 S.C.R. A administered the sweets containing sedatives/poisonous substance to his own wife (accused no. 3) shows accused's frustration, and probably greed, for the property had attained volcanic dimensions - Constant nagging was a mitigating circumstance in the commission of the crime -…
Supreme Court of India7 Jul 2011Full text
2011 INSC 477 · [2011] 10 S.C.R. 27
[2011] 10 S.C.R. 27 PREM PRAKASH @ LILLU & ANR. A V. STATE OF HARYANA (Criminal Appeal No. 91 of 2007) JULY 7, 2011 B [DR. B.S. CHAUHAN AND SWATANTER KUMAR, JJ.] Penal Code, 1860 - ss.376(2)(g) and 366 - Gang-rape pursuant to kidnapping - Testimony of prosecutrix - Three accused 'D', 'P' and 'H' - Trial court convicted…
Supreme Court of India7 Jul 2011Full text
2011 INSC 476 · [2011] 7 S.C.R. 1152
· . Dismissing the appeal,. the Court D HELO: J. On facts, all the three accused had a common intention in commission of the said brutal crime. Each one of them participated though the vital blows were given by 'D'~ But for 'M' catching hold of arms of the deceased probably the death could have been avoided. E The appe…
Supreme Court of India7 Jul 2011Full text
2011 INSC 475 · [2011] 7 S.C.R. 1129
H STATE OF DELHI v. RAM AVTAR@ RAMA 1131 . . Dismissing the appeal, the Court A HELD: 1. In terms of the provisions of Section 50 of the Narcotic Drugs and Psychotropic Subs.tance Act, 1985, in force at the relevant time, i.e. the provisions as it was, prior to amendments made by Amending Act 9 of 82001 w.e.f. 2.10.200…
Supreme Court of India7 Jul 2011Full text
2011 INSC 474 · [2011] 7 S.C.R. 1099
1099 H 1100 SUPREME COURT REPORTS [2011] 7 S.C.R. • A s. 149 - Common Object - Inference of - When -Explained. Code of Criminal Procedure, 1973 - s. 378 - Appeal against acquittal - Scope of interference by Supreme Court - General principles - Explained - On facts, order of acquittal8 cannot be sustained since if is ba…
Supreme Court of India7 Jul 2011Full text
2011 INSC 473 · [2011] 7 S.C.R. 1080
Disposing of the appeal, the Court HELD: 1. The prosecutrix clearly stated that the F appellant did not directly or indirectly participate in the…
Supreme Court of India7 Jul 2011Full text
2011 INSC 472 · [2011] 7 S.C.R. 1070
The appellant was allotted and handed over possession of 1.61 hectares of land in Survey Nos. 78/2 (81 'are') and 182/2 (81 'are') by order dated 25.8.1982 H 1070 NOOR SK. BHAIKAN v. STATE OF MAHARASHTRA 1071 & ORS. pursuant to the certificate dated 3.8.1982 issued to him A being a project affected person, as his house…
Supreme Court of India7 Jul 2011Full text
2011 INSC 471 · [2011] 12 S.C.R. 1
- Held: The services of the Transport Department in all relevant posts are covered under the provisions of the 1979 Rules and their purpose is to make promotions on merit or merit-cum-seniority in the prescribed proportion of 50: 50 - F The Schedule of the 1979 Rules has to be in conformity with, and is required to adv…
Supreme Court of India6 Jul 2011Full text
2011 INSC 470 · [2011] 7 S.C.R. 934
936 SUPREME COURT REPORTS [2011] 7 S.C.R. A be applied in view of the change in technical parameters of the rolling mills. The Commissioner made an application to the High Court uls. 35-H of the Central Excise Act, 1944 seeking a direction to the Tribunal to refer the question of law which according to him arose B from…
Supreme Court of India14 Jan 2011Full text
2011 INSC 47 · [2011] 1 S.C.R. 391
The appellant-contractor, a partnership firm, engaged F in the construction business, was awarded a contract by the respondent-State Government for construction of a Dam. During the execution of the said work, the · Executive Engineer in-charge of the project, made certain additions, alterations and variations in respe…
Supreme Court of India6 Jul 2011Full text
2011 INSC 469 · [2011] 7 S.C.R. 217
Legislation - Need for - Matters like payment of G compensation and damages for death resulting from a wrongful or negligent act governed by Fatal Accidents Act, 1855 an old antiquate Act - Urgent need to bring a 217 H 218 SUPREME COURT REPORTS [2011] 7 S.C.R. A contemporaneous and comprehensive legislation on the said…
Supreme Court of India6 Jul 2011Full text
2011 INSC 468 · [2011] 7 S.C.R. 195
D The appellant-company (Gammon) and M/s Atlanta entered into a joint venture agreement on 18th September, 2000 for the purposll of submitting a bid to the National Highways Authority of India (NHAI) for award of.a contract for construction of 31.40 Kilometers of road E on National Highway-5. The joint venture was name…
Supreme Court of India6 Jul 2011Full text
2011 INSC 467 · [2011] 9 S.C.R. 19
• raising any demand and initiating any step to recover from G the executant of the bond any amount by way of penalty, there has to be an adjudication as regards the breach of condition of the bond or the failure to produce the discharge certificate 19 H 20 SUPREME COURT REPORTS [2011] 9 S.C.R. A within the stipulated …
Supreme Court of India6 Jul 2011Full text
2011 INSC 466 · [2011] 7 S.C.R. 188
- Reviewing Authority modified the order of punishment and gave him a lighter punishment which was accepted by employee without ado - In those facts, there was no scope G for interference with the punishment on a purely subjective view taken by the High Court - Order of the High Court set aside and writ petition by emp…
Supreme Court of India6 Jul 2011Full text
2011 INSC 465 · [2011] 8 S.C.R. 1102
The appellant, a body corporate, are importers of certain goods viz. plywood, MDF laminated boards and veneers etc. It was alleged that certain goods imported by the appellant had been under-valued. A show cause E notice was issued to the appellant by the Directorate of Revenue Intelligence (ORI) under Section 124 of t…
Supreme Court of India6 Jul 2011Full text
2011 INSC 464 · [2011] 7 S.C.R. 1037
Appeal: Special leave petition - Held: Mere dismissal of SLP does not amount to acceptance of correctness of High Court decision - A-2 was convicted by trial court for the D offence u/s.302 IPC but High Cowt altered his conviction from s.302 to s.302 /PC r.w. s.149 /PC and his SLP against that judgment was dismissed su…
Supreme Court of India6 Jul 2011Full text
2011 INSC 463 · [2011] 10 S.C.R. 1
D In support of the Transfer Petition, it was inter alia submitted that the local police authorities, jail authorities and the public prosecutor had conducted themselves in a manner which reflected total bias and prejudice against the accused and the same created more than a E reasonable apprehension in their mind that…
Supreme Court of India6 Jul 2011Full text
2011 INSC 462 · [2011] 9 S.C.R. 1
Engagement of employees as casual labourers even for E considerable long duration did not confer any legal right on them for seeking a mandamus for relaxation of age limit -Also terms of letter of appointment in unambiguous terms stated that appointments were temporary and would not confer any right to claim any perman…
Also on Law on Tips: Bare Acts · Legal news and analysis
Arbitration and Conciliation Act, 1996 - Part I and Part F II of the Act - Difference between - Held: Part I and Part II of the Act are quite different in their object and purpose and the respective schemes. Arbitration and Conciliation Act, 1996 - ss. 37 and 50 - G Appellate provision uls. 37 and u/s. 50 - Difference …
Supreme Court of India7 Jul 2011Full text
2011 INSC 478 · [2011] 9 S.C.R. 41
42 SUPREME COURT REPORTS [2011] 9 S.C.R. A administered the sweets containing sedatives/poisonous substance to his own wife (accused no. 3) shows accused's frustration, and probably greed, for the property had attained volcanic dimensions - Constant nagging was a mitigating circumstance in the commission of the crime -…
Supreme Court of India7 Jul 2011Full text
2011 INSC 477 · [2011] 10 S.C.R. 27
[2011] 10 S.C.R. 27 PREM PRAKASH @ LILLU & ANR. A V. STATE OF HARYANA (Criminal Appeal No. 91 of 2007) JULY 7, 2011 B [DR. B.S. CHAUHAN AND SWATANTER KUMAR, JJ.] Penal Code, 1860 - ss.376(2)(g) and 366 - Gang-rape pursuant to kidnapping - Testimony of prosecutrix - Three accused 'D', 'P' and 'H' - Trial court convicted…
Supreme Court of India7 Jul 2011Full text
2011 INSC 476 · [2011] 7 S.C.R. 1152
· . Dismissing the appeal,. the Court D HELO: J. On facts, all the three accused had a common intention in commission of the said brutal crime. Each one of them participated though the vital blows were given by 'D'~ But for 'M' catching hold of arms of the deceased probably the death could have been avoided. E The appe…
Supreme Court of India7 Jul 2011Full text
2011 INSC 475 · [2011] 7 S.C.R. 1129
H STATE OF DELHI v. RAM AVTAR@ RAMA 1131 . . Dismissing the appeal, the Court A HELD: 1. In terms of the provisions of Section 50 of the Narcotic Drugs and Psychotropic Subs.tance Act, 1985, in force at the relevant time, i.e. the provisions as it was, prior to amendments made by Amending Act 9 of 82001 w.e.f. 2.10.200…
Supreme Court of India7 Jul 2011Full text
2011 INSC 474 · [2011] 7 S.C.R. 1099
1099 H 1100 SUPREME COURT REPORTS [2011] 7 S.C.R. • A s. 149 - Common Object - Inference of - When -Explained. Code of Criminal Procedure, 1973 - s. 378 - Appeal against acquittal - Scope of interference by Supreme Court - General principles - Explained - On facts, order of acquittal8 cannot be sustained since if is ba…
Supreme Court of India7 Jul 2011Full text
2011 INSC 473 · [2011] 7 S.C.R. 1080
Disposing of the appeal, the Court HELD: 1. The prosecutrix clearly stated that the F appellant did not directly or indirectly participate in the…
Supreme Court of India7 Jul 2011Full text
2011 INSC 472 · [2011] 7 S.C.R. 1070
The appellant was allotted and handed over possession of 1.61 hectares of land in Survey Nos. 78/2 (81 'are') and 182/2 (81 'are') by order dated 25.8.1982 H 1070 NOOR SK. BHAIKAN v. STATE OF MAHARASHTRA 1071 & ORS. pursuant to the certificate dated 3.8.1982 issued to him A being a project affected person, as his house…
Supreme Court of India7 Jul 2011Full text
2011 INSC 471 · [2011] 12 S.C.R. 1
- Held: The services of the Transport Department in all relevant posts are covered under the provisions of the 1979 Rules and their purpose is to make promotions on merit or merit-cum-seniority in the prescribed proportion of 50: 50 - F The Schedule of the 1979 Rules has to be in conformity with, and is required to adv…
Supreme Court of India6 Jul 2011Full text
2011 INSC 470 · [2011] 7 S.C.R. 934
936 SUPREME COURT REPORTS [2011] 7 S.C.R. A be applied in view of the change in technical parameters of the rolling mills. The Commissioner made an application to the High Court uls. 35-H of the Central Excise Act, 1944 seeking a direction to the Tribunal to refer the question of law which according to him arose B from…
Supreme Court of India14 Jan 2011Full text
2011 INSC 47 · [2011] 1 S.C.R. 391
The appellant-contractor, a partnership firm, engaged F in the construction business, was awarded a contract by the respondent-State Government for construction of a Dam. During the execution of the said work, the · Executive Engineer in-charge of the project, made certain additions, alterations and variations in respe…
Supreme Court of India6 Jul 2011Full text
2011 INSC 469 · [2011] 7 S.C.R. 217
Legislation - Need for - Matters like payment of G compensation and damages for death resulting from a wrongful or negligent act governed by Fatal Accidents Act, 1855 an old antiquate Act - Urgent need to bring a 217 H 218 SUPREME COURT REPORTS [2011] 7 S.C.R. A contemporaneous and comprehensive legislation on the said…
Supreme Court of India6 Jul 2011Full text
2011 INSC 468 · [2011] 7 S.C.R. 195
D The appellant-company (Gammon) and M/s Atlanta entered into a joint venture agreement on 18th September, 2000 for the purposll of submitting a bid to the National Highways Authority of India (NHAI) for award of.a contract for construction of 31.40 Kilometers of road E on National Highway-5. The joint venture was name…
Supreme Court of India6 Jul 2011Full text
2011 INSC 467 · [2011] 9 S.C.R. 19
• raising any demand and initiating any step to recover from G the executant of the bond any amount by way of penalty, there has to be an adjudication as regards the breach of condition of the bond or the failure to produce the discharge certificate 19 H 20 SUPREME COURT REPORTS [2011] 9 S.C.R. A within the stipulated …
Supreme Court of India6 Jul 2011Full text
2011 INSC 466 · [2011] 7 S.C.R. 188
- Reviewing Authority modified the order of punishment and gave him a lighter punishment which was accepted by employee without ado - In those facts, there was no scope G for interference with the punishment on a purely subjective view taken by the High Court - Order of the High Court set aside and writ petition by emp…
Supreme Court of India6 Jul 2011Full text
2011 INSC 465 · [2011] 8 S.C.R. 1102
The appellant, a body corporate, are importers of certain goods viz. plywood, MDF laminated boards and veneers etc. It was alleged that certain goods imported by the appellant had been under-valued. A show cause E notice was issued to the appellant by the Directorate of Revenue Intelligence (ORI) under Section 124 of t…
Supreme Court of India6 Jul 2011Full text
2011 INSC 464 · [2011] 7 S.C.R. 1037
Appeal: Special leave petition - Held: Mere dismissal of SLP does not amount to acceptance of correctness of High Court decision - A-2 was convicted by trial court for the D offence u/s.302 IPC but High Cowt altered his conviction from s.302 to s.302 /PC r.w. s.149 /PC and his SLP against that judgment was dismissed su…
Supreme Court of India6 Jul 2011Full text
2011 INSC 463 · [2011] 10 S.C.R. 1
D In support of the Transfer Petition, it was inter alia submitted that the local police authorities, jail authorities and the public prosecutor had conducted themselves in a manner which reflected total bias and prejudice against the accused and the same created more than a E reasonable apprehension in their mind that…
Supreme Court of India6 Jul 2011Full text
2011 INSC 462 · [2011] 9 S.C.R. 1
Engagement of employees as casual labourers even for E considerable long duration did not confer any legal right on them for seeking a mandamus for relaxation of age limit -Also terms of letter of appointment in unambiguous terms stated that appointments were temporary and would not confer any right to claim any perman…
Also on Law on Tips: Bare Acts · Legal news and analysis