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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.
6,861–6,880 · Page 344 of 382
Supreme Court of India4 Jul 2011Full text
2011 INSC 425 · [2011] 6 S.C.R. 1116
- Compensation - Cause of action. Low cost carrier - Exclusion clause stipulating that in the event of flight delay, carrier would not provide any 'meals' -HELD: Such exclusion clause can apply to passengers who F have not boarded the flight and who have the freedom to pur…
Supreme Court of India4 Jul 2011Full text
2011 INSC 424 · [2011] 6 S.C.R. 1104
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.
6,861–6,880 · Page 344 of 382
Supreme Court of India4 Jul 2011Full text
2011 INSC 425 · [2011] 6 S.C.R. 1116
- Compensation - Cause of action. Low cost carrier - Exclusion clause stipulating that in the event of flight delay, carrier would not provide any 'meals' -HELD: Such exclusion clause can apply to passengers who F have not boarded the flight and who have the freedom to pur…
Supreme Court of India4 Jul 2011Full text
2011 INSC 424 · [2011] 6 S.C.R. 1104
The prosecution case was that the victim (deceased-woman) was living with the appellant as his wife. The H 1106 SUPREME COURT REPORTS [2011] 6 S.C.R. A deceased-woman had two children from her first marriage and two childre·n from her marriage to the appellant. The deceased-woman came to know about the illicit relation…
Supreme Court of India4 Jul 2011Full text
2011 INSC 423 · [2011] 10 S.C.R. 1026
STATE OF GOA v. PRAVEEN ENTERPRISES 1027 earlier to the stage of pleadings before the Arbitrator - Where A however the arbitration agreement requires specific disputes to be referred to arbitration and provides that the arbitrator will have the jurisdiction to decide only the disputes so referred, the arbitrator's juri…
Supreme Court of India4 Jul 2011Full text
2011 INSC 422 · [2011] 7 S.C.R. 1
- Appeal against acquittal - Scope of interference by appellate court -Reiterated. Code of Criminal Procedure, 1973: F ss. 154 and 157 - Recording of FIR and sending of special report to Magistrate - Delay- Effect of- HELD: Every delay is not fatal, unless prejudice to the accused is shown -In the instant case, two son…
Supreme Court of India4 Jul 2011Full text
2011 INSC 421 · [2011] 10 S.C.R. 993
994 SUPREME COURT REPORTS [2011] 10 S.C.R. A - Code of Civil Procedure, 1908 - Concession of Advocate/ party. Minerals Concession Rules, 1960 - Rule 64-A - Royalty in respect of mining lease - Notification increasing the rate of royalty - Respondents-lessees filed writ petition 8 challenging the same - High Court issue…
Supreme Court of India1 Jul 2011Full text
2011 INSC 420 · [2011] 6 S.C.R. 1096
Subsequently, the Chief Post Master General vide notification dated 29.05.2001 took up the case of the H 1096 UNION OF INDIA AND ORS. v. VIKRAMBHAI 1097 MAGANBHAI CHAUDHARI respondent for review under Rule 29(1 )(vi) of the Rules A and directed the Superintendent of Post Office to initiate disciplinary proceedings agai…
Supreme Court of India13 Jan 2011Full text
2011 INSC 42 · [2011] 1 S.C.R. 371
Kera/a General Sales Tax Act, 1963: s.44 - Refund - Exporters of tea - Claim for exemption F from sales tax found genuine - Claim for refund - Declined on the ground that refund can only be claimed by the dealer - HELD: All the authorities have clearly recorded a finding that it is only the dealer of the tea on whom th…
Supreme Court of India29 Jun 2011Full text
2011 INSC 419 · [2011] 6 S.C.R. 1072
H 1072 WAMAN & ORS. v. STATE OF MAHARASHTRA 1073 s. 149 - Nature of - When attracted - Held: In order to A attract s. 149 it must be shown that the incriminating act was done to accomplish the common object of unlawful assembly - It must be within the knowledge of the other members as one likely to be committed in 'pro…
Supreme Court of India17 Jun 2011Full text
2011 INSC 418 · [2011] 6 S.C.R. 1062
[2011] 6 S.C R. 1062 A GHURELAL AND ORS. v. STATE OF RAJASTHAN (Criminal Appeal No. 1636 of 2005) JUNE 17, 2011 B [DR. 8.5. CHAUHAN AND SWATANTER KUMAR, JJ.] Penal Code, 1860: c ss. 395, 396 and 397 - Dacoity with two murders -Conviction of six accused-appellants affirmed by High Court - HELD: There are concurrent find…
Supreme Court of India17 Jun 2011Full text
2011 INSC 417 · [2011] 6 S.C.R. 1050
STATE OF RAJASTHAN v. TALEVAR & ANR. 1051 judgment and order of the High Court acquitting the A respondents - Penal Code, 1860 - ss. 395. 396 and 397 -Constitution of India, 1950 - Article 136. An FIR was lodged by P.W.13 on the morning of 17 .12.1996 stating that in the previous night 8-10 8 miscreants committed dacoi…
Supreme Court of India15 Jun 2011Full text
2011 INSC 416 · [2011] 8 S.C.R. 105
Contempt - Nature of - Held: It is the seriousness of the irresponsible acts of the contemnor and degree of harm caused to the administration of justice, which decisively 105 H 106 SUPREME COURT REPORTS [2011] 8 S.C.R. • A determine whether the matter should be tried as a criminal contempt or not - The court has to exa…
Supreme Court of India14 Jun 2011Full text
2011 INSC 415 · [2011] 8 S.C.R. 83
Therefore, the appellant filed the instant appeal.0 Allowing the appeal, the Court HELD: 1.1. The last seen theory comes into play where the time gap between the point of time when the E accused and deceased were last seen alive and when the deceased is found dead is so small that possibility of any person other than t…
Supreme Court of India14 Jun 2011Full text
2011 INSC 414 · [2011] 6 S.C.R. 1037
[2011] 6 S.C.R. 1037 BHAGALOO LODH AND ANR. A v. STATE OF U.P. (Criminal Appeal No. 207 of 2007) JUNE 14, 2011 B • [DR. B.S. CHAUHAN AND SWATANTER KUMAR, JJ.] Penal Code, 1860 - s. 302 rlw s. 34 - Homicidal death due to sharp edged weapon - Conviction under s.302 r/w s.34 -Challenge to - Held: Prosecution furnished sat…
Supreme Court of India13 Jun 2011Full text
2011 INSC 413 · [2011] 6 S.C.R. 1017
Evidence: G Burden of proof - HELD: Once presence of accused at the scene of crime where they were apprehended is established, onus stood shifted on the defence to have 1017 H 1018 SUPREME COURT REPORTS [2011) 6 S.C.R. A brought forth suggestions for their presence there at the dead of night - They were under an obliga…
Supreme Court of India9 Jun 2011Full text
2011 INSC 412 · [2011] 6 S.C.R. 999
The prosecution case was that the victim-deceased was the elder brother of the complainant-PW-8. On the fateful day, the accused-appellant came to the barber E saloon of the deceased and demanded Rs.150/- from the deceased. Since the deceased did not give the money demanded, the appellant got angry and threatened to se…
Supreme Court of India26 May 2011Full text
2011 INSC 411 · [2011] 8 S.C.R. 653
respe…
Supreme Court of India24 May 2011Full text
2011 INSC 410 · [2011] 6 S.C.R. 988
Constitution of India, 1950 - Article 136 - Order of F acquittal passed by the High Court - Interference with - Held: Is permissible, when consideration by the High Court is, misconceived and perverse. Administration of criminal justice - Possibility of two views G - One pointing to the guilt of the accused and other h…
Supreme Court of India13 Jan 2011Full text
2011 INSC 41 · [2011] 1 S.C.R. 355
Judiciary - Judicial Officers - Code of Conduct - Held: . Judge's official and personal conduct must be in tune with the highest standard of propriety and probity. F It is alleged that the appellant - Judicial Officer travelled without ticket in a local train thrice; and that she misused her official identity card, mad…
Supreme Court of India24 May 2011Full text
2011 INSC 409 · [2011] 6 S.C.R. 978
[2011] 6 S.C.R. 978 A RAJPUT JABBARSINGH MALAJI v. STATE OF GUJARAT (Criminal Appeal No. 943 of 2006) MAY 24, 2011 B [ASOK KUMAR GANGULY AND DEEPAK VERMA, JJ.] PENAL CODE, 1860: c s.302 - Murder- Accused causing severe axe blow on the face of victim, resulting in his death - Conviction and sentence of imprisonment for …
Supreme Court of India20 May 2011Full text
2011 INSC 408 · [2011] 6 S.C.R. 974
E The question which arose for consideration in the instant appeal was whether by merely giving the option to the accused, the appellant-prosecuting agency had complied with the requirement under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and, therefore, the High Court erred in holding that …
Also on Law on Tips: Bare Acts · Legal news and analysis
The prosecution case was that the victim (deceased-woman) was living with the appellant as his wife. The H 1106 SUPREME COURT REPORTS [2011] 6 S.C.R. A deceased-woman had two children from her first marriage and two childre·n from her marriage to the appellant. The deceased-woman came to know about the illicit relation…
Supreme Court of India4 Jul 2011Full text
2011 INSC 423 · [2011] 10 S.C.R. 1026
STATE OF GOA v. PRAVEEN ENTERPRISES 1027 earlier to the stage of pleadings before the Arbitrator - Where A however the arbitration agreement requires specific disputes to be referred to arbitration and provides that the arbitrator will have the jurisdiction to decide only the disputes so referred, the arbitrator's juri…
Supreme Court of India4 Jul 2011Full text
2011 INSC 422 · [2011] 7 S.C.R. 1
- Appeal against acquittal - Scope of interference by appellate court -Reiterated. Code of Criminal Procedure, 1973: F ss. 154 and 157 - Recording of FIR and sending of special report to Magistrate - Delay- Effect of- HELD: Every delay is not fatal, unless prejudice to the accused is shown -In the instant case, two son…
Supreme Court of India4 Jul 2011Full text
2011 INSC 421 · [2011] 10 S.C.R. 993
994 SUPREME COURT REPORTS [2011] 10 S.C.R. A - Code of Civil Procedure, 1908 - Concession of Advocate/ party. Minerals Concession Rules, 1960 - Rule 64-A - Royalty in respect of mining lease - Notification increasing the rate of royalty - Respondents-lessees filed writ petition 8 challenging the same - High Court issue…
Supreme Court of India1 Jul 2011Full text
2011 INSC 420 · [2011] 6 S.C.R. 1096
Subsequently, the Chief Post Master General vide notification dated 29.05.2001 took up the case of the H 1096 UNION OF INDIA AND ORS. v. VIKRAMBHAI 1097 MAGANBHAI CHAUDHARI respondent for review under Rule 29(1 )(vi) of the Rules A and directed the Superintendent of Post Office to initiate disciplinary proceedings agai…
Supreme Court of India13 Jan 2011Full text
2011 INSC 42 · [2011] 1 S.C.R. 371
Kera/a General Sales Tax Act, 1963: s.44 - Refund - Exporters of tea - Claim for exemption F from sales tax found genuine - Claim for refund - Declined on the ground that refund can only be claimed by the dealer - HELD: All the authorities have clearly recorded a finding that it is only the dealer of the tea on whom th…
Supreme Court of India29 Jun 2011Full text
2011 INSC 419 · [2011] 6 S.C.R. 1072
H 1072 WAMAN & ORS. v. STATE OF MAHARASHTRA 1073 s. 149 - Nature of - When attracted - Held: In order to A attract s. 149 it must be shown that the incriminating act was done to accomplish the common object of unlawful assembly - It must be within the knowledge of the other members as one likely to be committed in 'pro…
Supreme Court of India17 Jun 2011Full text
2011 INSC 418 · [2011] 6 S.C.R. 1062
[2011] 6 S.C R. 1062 A GHURELAL AND ORS. v. STATE OF RAJASTHAN (Criminal Appeal No. 1636 of 2005) JUNE 17, 2011 B [DR. 8.5. CHAUHAN AND SWATANTER KUMAR, JJ.] Penal Code, 1860: c ss. 395, 396 and 397 - Dacoity with two murders -Conviction of six accused-appellants affirmed by High Court - HELD: There are concurrent find…
Supreme Court of India17 Jun 2011Full text
2011 INSC 417 · [2011] 6 S.C.R. 1050
STATE OF RAJASTHAN v. TALEVAR & ANR. 1051 judgment and order of the High Court acquitting the A respondents - Penal Code, 1860 - ss. 395. 396 and 397 -Constitution of India, 1950 - Article 136. An FIR was lodged by P.W.13 on the morning of 17 .12.1996 stating that in the previous night 8-10 8 miscreants committed dacoi…
Supreme Court of India15 Jun 2011Full text
2011 INSC 416 · [2011] 8 S.C.R. 105
Contempt - Nature of - Held: It is the seriousness of the irresponsible acts of the contemnor and degree of harm caused to the administration of justice, which decisively 105 H 106 SUPREME COURT REPORTS [2011] 8 S.C.R. • A determine whether the matter should be tried as a criminal contempt or not - The court has to exa…
Supreme Court of India14 Jun 2011Full text
2011 INSC 415 · [2011] 8 S.C.R. 83
Therefore, the appellant filed the instant appeal.0 Allowing the appeal, the Court HELD: 1.1. The last seen theory comes into play where the time gap between the point of time when the E accused and deceased were last seen alive and when the deceased is found dead is so small that possibility of any person other than t…
Supreme Court of India14 Jun 2011Full text
2011 INSC 414 · [2011] 6 S.C.R. 1037
[2011] 6 S.C.R. 1037 BHAGALOO LODH AND ANR. A v. STATE OF U.P. (Criminal Appeal No. 207 of 2007) JUNE 14, 2011 B • [DR. B.S. CHAUHAN AND SWATANTER KUMAR, JJ.] Penal Code, 1860 - s. 302 rlw s. 34 - Homicidal death due to sharp edged weapon - Conviction under s.302 r/w s.34 -Challenge to - Held: Prosecution furnished sat…
Supreme Court of India13 Jun 2011Full text
2011 INSC 413 · [2011] 6 S.C.R. 1017
Evidence: G Burden of proof - HELD: Once presence of accused at the scene of crime where they were apprehended is established, onus stood shifted on the defence to have 1017 H 1018 SUPREME COURT REPORTS [2011) 6 S.C.R. A brought forth suggestions for their presence there at the dead of night - They were under an obliga…
Supreme Court of India9 Jun 2011Full text
2011 INSC 412 · [2011] 6 S.C.R. 999
The prosecution case was that the victim-deceased was the elder brother of the complainant-PW-8. On the fateful day, the accused-appellant came to the barber E saloon of the deceased and demanded Rs.150/- from the deceased. Since the deceased did not give the money demanded, the appellant got angry and threatened to se…
Supreme Court of India26 May 2011Full text
2011 INSC 411 · [2011] 8 S.C.R. 653
respe…
Supreme Court of India24 May 2011Full text
2011 INSC 410 · [2011] 6 S.C.R. 988
Constitution of India, 1950 - Article 136 - Order of F acquittal passed by the High Court - Interference with - Held: Is permissible, when consideration by the High Court is, misconceived and perverse. Administration of criminal justice - Possibility of two views G - One pointing to the guilt of the accused and other h…
Supreme Court of India13 Jan 2011Full text
2011 INSC 41 · [2011] 1 S.C.R. 355
Judiciary - Judicial Officers - Code of Conduct - Held: . Judge's official and personal conduct must be in tune with the highest standard of propriety and probity. F It is alleged that the appellant - Judicial Officer travelled without ticket in a local train thrice; and that she misused her official identity card, mad…
Supreme Court of India24 May 2011Full text
2011 INSC 409 · [2011] 6 S.C.R. 978
[2011] 6 S.C.R. 978 A RAJPUT JABBARSINGH MALAJI v. STATE OF GUJARAT (Criminal Appeal No. 943 of 2006) MAY 24, 2011 B [ASOK KUMAR GANGULY AND DEEPAK VERMA, JJ.] PENAL CODE, 1860: c s.302 - Murder- Accused causing severe axe blow on the face of victim, resulting in his death - Conviction and sentence of imprisonment for …
Supreme Court of India20 May 2011Full text
2011 INSC 408 · [2011] 6 S.C.R. 974
E The question which arose for consideration in the instant appeal was whether by merely giving the option to the accused, the appellant-prosecuting agency had complied with the requirement under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and, therefore, the High Court erred in holding that …
Also on Law on Tips: Bare Acts · Legal news and analysis