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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.
6,921–6,940 · Page 347 of 382
Supreme Court of India10 May 2011Full text
2011 INSC 372 · [2011] 8 S.C.R. 55
56 SUPREME COURT REPORTS [2011] 8 S.C.R. A parties were determined but the actual partition/division had not taken place - Therefore, the proceedings of the suit instituted by respondent No. 1 cannot be treated to have become final so far as the actual partition of the joint family properties is concerned and it was op…
Supreme Court of India10 May 2011Full text
2011 INSC 371 · [2011] 6 S.C.R. 355
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.
6,921–6,940 · Page 347 of 382
Supreme Court of India10 May 2011Full text
2011 INSC 372 · [2011] 8 S.C.R. 55
56 SUPREME COURT REPORTS [2011] 8 S.C.R. A parties were determined but the actual partition/division had not taken place - Therefore, the proceedings of the suit instituted by respondent No. 1 cannot be treated to have become final so far as the actual partition of the joint family properties is concerned and it was op…
Supreme Court of India10 May 2011Full text
2011 INSC 371 · [2011] 6 S.C.R. 355
356 SUPREME COURT REPORTS [2011) 6 S.C.R. A An F.l.R. was registered against the appellant under Sections 452, 324, 323, 506, 326 read with Section 34 IPC on information furnished by respondent No.1. The appellant gave a different version of the incident to the police. After investigation, the police filed two challans…
Supreme Court of India9 May 2011Full text
2011 INSC 370 · [2011] 7 S.C.R. 548
NCERT issued a circular dated 18.07 .1985 intimating F all concerned that employees of NCERT, who had earlier opted for the CPF Scheme, may exercise their option before 06.12.1985 to switch over to the Pension Scheme and such option once exercised will be treated as final. Before his retirement, the Respondent claims t…
Supreme Court of India12 Jan 2011Full text
2011 INSC 37 · [2011] 1 S.C.R. 651
[201) 1 S.C.R. 651 GHISALAL A v. DHAPUBAI (DEAD) BY LRS. AND ORS. (Civil Appeal Nos.6373-6374 of 2002) JANUARY 12, 2011 B [G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.] Hindu Adoption and Maintenance Act, 1956: s. 7, proviso - Consent of wife is a condition precedent c . for adoption by a male Hindu - Consent should either…
Supreme Court of India9 May 2011Full text
2011 INSC 369 · [2011] 6 S.C.R. 347
348 SUPREME COURT REPORTS [2011] 6 S.C.R. A petition till the date of realisation. The insurer was held liable to satisfy the Award and to recover the amount from the petitioner-owner of the motorcycle. The High Court upheld the award passed by the Tribunal. The Review Application was also dismissed. Therefore, the pet…
Supreme Court of India9 May 2011Full text
2011 INSC 368 · [2011] 6 S.C.R. 330
The prosecution case was that the appellant was C very annoyed with his daughter, who had left her husband and started living in an incestuous relationship with the appellant's cousin. This infuriated the appellant as he thought this conduct of his daughter had dishonoured his family. He killed her by strangulating her…
Supreme Court of India9 May 2011Full text
2011 INSC 367 · [2011] 6 S.C.R. 301
Administration of Justice: Professional conduct - Integrity and sanctity of an institution which bestowed upon itself the responsibility of E dispensing justice has to be maintained - All the functionaries, be it advocates, judges and rest of the staff ought to act in accordance with morals and ethics. On 11.9.1999, wh…
Supreme Court of India9 May 2011Full text
2011 INSC 366 · [2011] 8 S.C.R. 25
- ss. 30, 32, 40 to 47, 49, 50, 51, 53 and 58 - New Okhla G Industrial Development Area (Preparation and Finalisation of Plan) Regulations 1991. Code of Criminal Procedure, 1973 - ss.468-471 and 473 - Delay in launching criminal prosecution - Held: Cannot 25 H 26 SUPREME COURT REPORTS [2011] 8 S.C.R. A itself be a grou…
Supreme Court of India6 May 2011Full text
2011 INSC 365 · [2011] 6 S.C.R. 913
c Suit for mandatory injunction - Interim relief - Extent of - Sui{ property being developed and flats for sale being constructed on it - Dispute between brothers as regards the suit property - Single Judge of High Court granting limited interim orders so that the construction can go on and flats can 0 be purchased - D…
Supreme Court of India6 May 2011Full text
2011 INSC 364 · [2011] 6 S.C.R. 234
· ss. 3(2), 3(3), 3(4), 9-A and 11 - Notified persons -Property attached - Claim for maintenance, repair charges, interest and penalty for belated payment - HELD: The E attached properties continue to remain with the Custodian -For their upkeep maintenance, repair etc., Custodian is liable to pay to the Housing Societi…
Supreme Court of India6 May 2011Full text
2011 INSC 363 · [2011] 6 S.C.R. 225
- Appellant filing writ petition after three years seeking reinstatement on grade I - Single judge of High Court dismissing writ petitions by combined order - Writ appeal · dismissed by Division Bench on the ground that since the appellant had agreed to join at the transferred place and given E an assurance to that eff…
Supreme Court of India6 May 2011Full text
2011 INSC 362 · [2011] 5 S.C.R. 1189
According to the prosecution, appellant (A1) G kidnapped PW-4, compelled her to marry him and raped her. A2 and A3 were allegedly involved in compelling PW-4 to get married with the appellant. The trial court holding 1189 H 1190 SUPREME COURT REPORTS [2011] 5 S.C.R. A that PW-4 was minor on the date of the incident, co…
Supreme Court of India6 May 2011Full text
2011 INSC 361 · [2011] 8 S.C.R. 1
s. 482 - Criminal proceedings for forgery/fabrication of documents with the intention of defrauding the bank as well as the exchequer - Charge-sheet against appellant and other G directors of a company for offences punishable under ss. 1208, 420, 409, 468 and 471 of /PC - Allegation that they forged documents/vouchers …
Supreme Court of India5 May 2011Full text
2011 INSC 360 · [2011] 8 S.C.R. 520
[2011) 8 S.C.R. 520 A TRISHALA JAIN AND Al\IR. v. STATE OF UTIARANCHAL AND ANR. (Civil Appeal Nos.7496-7497 of 2005 etc.) MAY 05, 20118 . [ASOK KUMAR GANGULY AND SWATANTER KUMAR, JJ.] Land Acquisition Act, 1894 - ss.23 and 24: c Fair market value of the acquired land - Determination of - Land Acquisition Officer applie…
Supreme Court of India12 Jan 2011Full text
2011 INSC 36 · [2011] 1 S.C.R. 334
(2011] 1 S.C.R. 334 ,. A PUSHPA @ LEELA & ORS. v. SHAKUNTALA & ORS. (Civil Appeal No.6924 of 2005) JANUARY 12, 2011 B [AFTAB ALAM AND R.M. LODHA, JJ.] ~ Motor Vehicles Act, 1988: c s. 166 read with ss.2(30) and 50- Fatal accident- Claim petitions by heirs of deceased persons - At the time of accident offending truck in…
Supreme Court of India5 May 2011Full text
2011 INSC 359 · [2011] 7 S.C.R. 468
Constitution of India, 1950: H 468 SHANKARA CO-OP HOUSING SOCIETY LTD. v. M. 469 PRABHAKAR & ORS. Article 226 - Belated writ petition challenging the A Notification issued under the Evacuee Property Act, declaring · certain properties as evacuee property - Maintainability of -Held: High Court ought not to have entertai…
Supreme Court of India5 May 2011Full text
2011 INSC 358 · [2011] 5 S.C.R. 1180
Constitution of India, 1950: F Article 136 - Appeal against acquittal - Held: Burden is on the prosecution to prove and justify its case that findings of High Court in acquitting the accused were perverse and were not justifiable and that the High Court miserably failed G to do justice and inferences drawn by if are no…
Supreme Court of India5 May 2011Full text
2011 INSC 357 · [2011] 5 S.C.R. 1155
Transfer of Property Act, 1882: ss. 123 and 129 - Deed of gift executed by a F Mohammedan - HELD: Is not the instrument effecting, creating or making the gift - Such writing is not a document of title but is a piece of evidence - Section 129 preserves the rule of Mohammedan Law and excludes the applicability of s. 123 …
Supreme Court of India5 May 2011Full text
2011 INSC 356 · [2011] 5 S.C.R. 1143
1144 SUPREME COURT REPORTS [2011) 5 S.C.R. A renewal of lease or otherwise after 25-10-1980 without obtaining prior approval of the Central Government - State Government rightly refused the claim of lessee to renew the lease. The appellant was the lessee of the land in question.8 The lease in regard to a portion of the…
Supreme Court of India5 May 2011Full text
2011 INSC 355 · [2011] 5 S.C.R. 1137
Evidence: Admission - £videntiary value of - Held: Admission is best evidence against the maker and it can be 11~7 H 1138 SUPREME COURT REPORTS [2011] 5 S.C.R. A inferred from the conduct of the party - Admission implied by conduct is strong evidence against the maker but he is at liberty to prove that such admission w…
Also on Law on Tips: Bare Acts · Legal news and analysis
356 SUPREME COURT REPORTS [2011) 6 S.C.R. A An F.l.R. was registered against the appellant under Sections 452, 324, 323, 506, 326 read with Section 34 IPC on information furnished by respondent No.1. The appellant gave a different version of the incident to the police. After investigation, the police filed two challans…
Supreme Court of India9 May 2011Full text
2011 INSC 370 · [2011] 7 S.C.R. 548
NCERT issued a circular dated 18.07 .1985 intimating F all concerned that employees of NCERT, who had earlier opted for the CPF Scheme, may exercise their option before 06.12.1985 to switch over to the Pension Scheme and such option once exercised will be treated as final. Before his retirement, the Respondent claims t…
Supreme Court of India12 Jan 2011Full text
2011 INSC 37 · [2011] 1 S.C.R. 651
[201) 1 S.C.R. 651 GHISALAL A v. DHAPUBAI (DEAD) BY LRS. AND ORS. (Civil Appeal Nos.6373-6374 of 2002) JANUARY 12, 2011 B [G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.] Hindu Adoption and Maintenance Act, 1956: s. 7, proviso - Consent of wife is a condition precedent c . for adoption by a male Hindu - Consent should either…
Supreme Court of India9 May 2011Full text
2011 INSC 369 · [2011] 6 S.C.R. 347
348 SUPREME COURT REPORTS [2011] 6 S.C.R. A petition till the date of realisation. The insurer was held liable to satisfy the Award and to recover the amount from the petitioner-owner of the motorcycle. The High Court upheld the award passed by the Tribunal. The Review Application was also dismissed. Therefore, the pet…
Supreme Court of India9 May 2011Full text
2011 INSC 368 · [2011] 6 S.C.R. 330
The prosecution case was that the appellant was C very annoyed with his daughter, who had left her husband and started living in an incestuous relationship with the appellant's cousin. This infuriated the appellant as he thought this conduct of his daughter had dishonoured his family. He killed her by strangulating her…
Supreme Court of India9 May 2011Full text
2011 INSC 367 · [2011] 6 S.C.R. 301
Administration of Justice: Professional conduct - Integrity and sanctity of an institution which bestowed upon itself the responsibility of E dispensing justice has to be maintained - All the functionaries, be it advocates, judges and rest of the staff ought to act in accordance with morals and ethics. On 11.9.1999, wh…
Supreme Court of India9 May 2011Full text
2011 INSC 366 · [2011] 8 S.C.R. 25
- ss. 30, 32, 40 to 47, 49, 50, 51, 53 and 58 - New Okhla G Industrial Development Area (Preparation and Finalisation of Plan) Regulations 1991. Code of Criminal Procedure, 1973 - ss.468-471 and 473 - Delay in launching criminal prosecution - Held: Cannot 25 H 26 SUPREME COURT REPORTS [2011] 8 S.C.R. A itself be a grou…
Supreme Court of India6 May 2011Full text
2011 INSC 365 · [2011] 6 S.C.R. 913
c Suit for mandatory injunction - Interim relief - Extent of - Sui{ property being developed and flats for sale being constructed on it - Dispute between brothers as regards the suit property - Single Judge of High Court granting limited interim orders so that the construction can go on and flats can 0 be purchased - D…
Supreme Court of India6 May 2011Full text
2011 INSC 364 · [2011] 6 S.C.R. 234
· ss. 3(2), 3(3), 3(4), 9-A and 11 - Notified persons -Property attached - Claim for maintenance, repair charges, interest and penalty for belated payment - HELD: The E attached properties continue to remain with the Custodian -For their upkeep maintenance, repair etc., Custodian is liable to pay to the Housing Societi…
Supreme Court of India6 May 2011Full text
2011 INSC 363 · [2011] 6 S.C.R. 225
- Appellant filing writ petition after three years seeking reinstatement on grade I - Single judge of High Court dismissing writ petitions by combined order - Writ appeal · dismissed by Division Bench on the ground that since the appellant had agreed to join at the transferred place and given E an assurance to that eff…
Supreme Court of India6 May 2011Full text
2011 INSC 362 · [2011] 5 S.C.R. 1189
According to the prosecution, appellant (A1) G kidnapped PW-4, compelled her to marry him and raped her. A2 and A3 were allegedly involved in compelling PW-4 to get married with the appellant. The trial court holding 1189 H 1190 SUPREME COURT REPORTS [2011] 5 S.C.R. A that PW-4 was minor on the date of the incident, co…
Supreme Court of India6 May 2011Full text
2011 INSC 361 · [2011] 8 S.C.R. 1
s. 482 - Criminal proceedings for forgery/fabrication of documents with the intention of defrauding the bank as well as the exchequer - Charge-sheet against appellant and other G directors of a company for offences punishable under ss. 1208, 420, 409, 468 and 471 of /PC - Allegation that they forged documents/vouchers …
Supreme Court of India5 May 2011Full text
2011 INSC 360 · [2011] 8 S.C.R. 520
[2011) 8 S.C.R. 520 A TRISHALA JAIN AND Al\IR. v. STATE OF UTIARANCHAL AND ANR. (Civil Appeal Nos.7496-7497 of 2005 etc.) MAY 05, 20118 . [ASOK KUMAR GANGULY AND SWATANTER KUMAR, JJ.] Land Acquisition Act, 1894 - ss.23 and 24: c Fair market value of the acquired land - Determination of - Land Acquisition Officer applie…
Supreme Court of India12 Jan 2011Full text
2011 INSC 36 · [2011] 1 S.C.R. 334
(2011] 1 S.C.R. 334 ,. A PUSHPA @ LEELA & ORS. v. SHAKUNTALA & ORS. (Civil Appeal No.6924 of 2005) JANUARY 12, 2011 B [AFTAB ALAM AND R.M. LODHA, JJ.] ~ Motor Vehicles Act, 1988: c s. 166 read with ss.2(30) and 50- Fatal accident- Claim petitions by heirs of deceased persons - At the time of accident offending truck in…
Supreme Court of India5 May 2011Full text
2011 INSC 359 · [2011] 7 S.C.R. 468
Constitution of India, 1950: H 468 SHANKARA CO-OP HOUSING SOCIETY LTD. v. M. 469 PRABHAKAR & ORS. Article 226 - Belated writ petition challenging the A Notification issued under the Evacuee Property Act, declaring · certain properties as evacuee property - Maintainability of -Held: High Court ought not to have entertai…
Supreme Court of India5 May 2011Full text
2011 INSC 358 · [2011] 5 S.C.R. 1180
Constitution of India, 1950: F Article 136 - Appeal against acquittal - Held: Burden is on the prosecution to prove and justify its case that findings of High Court in acquitting the accused were perverse and were not justifiable and that the High Court miserably failed G to do justice and inferences drawn by if are no…
Supreme Court of India5 May 2011Full text
2011 INSC 357 · [2011] 5 S.C.R. 1155
Transfer of Property Act, 1882: ss. 123 and 129 - Deed of gift executed by a F Mohammedan - HELD: Is not the instrument effecting, creating or making the gift - Such writing is not a document of title but is a piece of evidence - Section 129 preserves the rule of Mohammedan Law and excludes the applicability of s. 123 …
Supreme Court of India5 May 2011Full text
2011 INSC 356 · [2011] 5 S.C.R. 1143
1144 SUPREME COURT REPORTS [2011) 5 S.C.R. A renewal of lease or otherwise after 25-10-1980 without obtaining prior approval of the Central Government - State Government rightly refused the claim of lessee to renew the lease. The appellant was the lessee of the land in question.8 The lease in regard to a portion of the…
Supreme Court of India5 May 2011Full text
2011 INSC 355 · [2011] 5 S.C.R. 1137
Evidence: Admission - £videntiary value of - Held: Admission is best evidence against the maker and it can be 11~7 H 1138 SUPREME COURT REPORTS [2011] 5 S.C.R. A inferred from the conduct of the party - Admission implied by conduct is strong evidence against the maker but he is at liberty to prove that such admission w…
Also on Law on Tips: Bare Acts · Legal news and analysis