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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.
6,981–7,000 · Page 350 of 382
Supreme Court of India20 Apr 2011Full text
2011 INSC 318 · [2011] 5 S.C.R. 509
510 SUPREME COURT REPORTS [2011] 5 S.C.R. A - Sales tax - Interpretation of statutes - Administrative law -Doctrines/Principles of separation of powers - Legislation. Bhai Jaspal Singh and another v. Assistant Commissioner ofCommercial Taxes and others (2011) 1 B SCC 39; Commissioner of Central Excise, New Delhi v. Har…
Supreme Court of India20 Apr 2011Full text
2011 INSC 317 · [2011] 5 S.C.R. 505
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.
6,981–7,000 · Page 350 of 382
Supreme Court of India20 Apr 2011Full text
2011 INSC 318 · [2011] 5 S.C.R. 509
510 SUPREME COURT REPORTS [2011] 5 S.C.R. A - Sales tax - Interpretation of statutes - Administrative law -Doctrines/Principles of separation of powers - Legislation. Bhai Jaspal Singh and another v. Assistant Commissioner ofCommercial Taxes and others (2011) 1 B SCC 39; Commissioner of Central Excise, New Delhi v. Har…
Supreme Court of India20 Apr 2011Full text
2011 INSC 317 · [2011] 5 S.C.R. 505
Shrish Kumar Misra, Mukul Singh, Ajay Kr, Singh for the Respondents. The following order of the Court was delivered 505 H 506 SUPREME COURT REPORTS [2011] 5 S.C.R. A ORDER 1. Heard learned counsel for the appellant and respondent No. 1. As regards the other respondents in respect of whom service is complete no one has …
Supreme Court of India20 Apr 2011Full text
2011 INSC 316 · [2011] 7 S.C.R. 354
- At the same time, if the lower Court's decision is based on D erroneous views and against the settled position of law, then such an order of acquittal should be set aside - Further, if the trial Court has ignored material and relevant facts or misread such evidence or has ignored scientific documents, then in such a …
Supreme Court of India19 Apr 2011Full text
2011 INSC 315 · [2011] 5 S.C.R. 771
(2011] 5 S.C.R. 771 AFJAL IMAM A v. STATE OF BIHAR AND ORS. (Civil Appeal No. 2843 of 2011) APRIL 19, 2011 B (J.M. PANCHAL AND H.L. GOKHALE, JJ.] Bihar Municipal Act, 2007: ss. 23, 27 - Election of new Mayor when the vacancy c arises in the office of Mayor - Power of newly elected Mayor to nominate members of Empowered…
Supreme Court of India19 Apr 2011Full text
2011 INSC 314 · [2011] 5 S.C.R. 501
- GOPAL v. STATE OF KARNATAKA 503 Gurudatta Ankolekar, Azeem Kalebudde, V.N. A Raghuparthy for the Respondent. The Judgment of the Court was delivered by SIRPURKAR, J. 1. The appellant - Gopal challenges his conviction under Section 302 l.P.C. in this appeal. The · B allegation against the appellant-accused are that on…
Supreme Court of India19 Apr 2011Full text
2011 INSC 313 · [2011] 5 S.C.R. 488
[2011] 5 S.C.R. 488 A ARUMUGAM SERVAI v. STATE OF TAMIL NADU (Criminal Appeal No. 958 of 2011) APRIL 19, 2011 B [MARKANDEY KATJU AND GYAN SUDHA MISRA, JJ.] Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - s.3(1)(x) - Complainants-PWs 1 and C 2 belonged to "Pallan,. caste, a Scheduled Caste i…
Supreme Court of India18 Apr 2011Full text
2011 INSC 312 · [2011] 5 S.C.R. 769
CRIMINAL APPELLATE JURISDICTION : SLP (Criminal) No. 3192 of 2011. From the Judgment and Order dated 27.07.2010 of the High Court of Bombay at Goa in Criminal Appeal No. 48 of E 2009. Garvesh Kabra for the Petitioner. The following order of the Court was delivered F ORDER Heard learned counsel for the petitioner. Delay…
Supreme Court of India18 Apr 2011Full text
2011 INSC 311 · [2011] 5 S.C.R. 460
Repeal: Accrued rights cannot be taken away by repealing the statutory provisions arbitrarily. F Party: Necessary party - lmpleadment of - Held: No order can be passed behind the back of a person adversely affecting him and such an order if passed, is liable to be ignored being not binding on such a party as the same h…
Supreme Court of India18 Apr 2011Full text
2011 INSC 310 · [2011] 5 S.C.R. 448
448H WAIKHOM YAIMA SINGH v. STATE OF MANIPUR 449 According to the prosecution, PW-4 found the victim A lying' in an unconscious state on the road. He alongwith his friends and relatives took the victim to the hospital around 10 pm. The victim was given some treatment and he came to his senses and gave a dying declarati…
Supreme Court of India11 Jan 2011Full text
2011 INSC 31 · [2011] 1 S.C.R. 644
G S.K. Dubey, Shail Kr. Dwivedi, AAG, Kamini Jaiswal, Jai Prakash Pandey, Shantanu Singh, Nikilesh Ramachandran, Alok Pandey, Gopal Singh, Rituraj Biswas, Sanjay V. Kharde, Asha Gopalan Nair, Kusumanjali Sharma, C.D. Milind Kumar, Manoj Kr. Dwivedi, Ashutosh Kr. Sharma, Gunnam H 644 MANOJ YADAV v. PUSHPA @ KIRAN YADAV …
Supreme Court of India18 Apr 2011Full text
2011 INSC 309 · [2011] 5 S.C.R. 416
Dismissing the appeal, the Court E HELD: 1.1 There is much substance in the submissions that at this stage, litigation in the instant case does not survive as the appellants have retired. Even if the writ petition is allowed and the appointment of F respondent No.3 is declared null and void, none of the appellants coul…
Supreme Court of India18 Apr 2011Full text
2011 INSC 308 · [2011] 5 S.C.R. 397
CONSTITUTION OF IND/A, 1950: Articles 226 and 32 - Writ petition - Maintainability of in 397 H 398 SUPREME COURT REPORTS [2011] 5 S.C.R. A view of the plea of alternative remedy -Held : An alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court -Consti…
Supreme Court of India18 Apr 2011Full text
2011 INSC 307 · [2011] 5 S.C.R. 353
Pursuant to the notice issued by the Court, the Union of India, and various States and the Union Territories filed replies. The Solicitor General of India broadened the 8 scope of the petition in order to deal with also the problem of trafficking in women and children. During the course of hearing suggestions and recom…
Supreme Court of India18 Apr 2011Full text
2011 INSC 306 · [2011] 6 S.C.R. 118
'-· [2011) 6 S.C.R. 118 A HITESH BHATNAGAR v. DEEPA BHATNAGAR (Civil Appeal No. 6288 of 2008) APRIL 18, 2011B [D.K. JAIN AND H.L. DAnu, JJ.] Hindu Marriage Act, 1955 - s. 138 - Petition for divorce by mutual consent - Withdrawal of consent - Whether the C consent Once given can be subsequently withdrawn by one of the p…
Supreme Court of India15 Apr 2011Full text
2011 INSC 305 · [2011] 6 S.C.R. 96
[2011) 6 S.C.R. 96 A JANAK DULARI DEVI & ANR. v. KAPILDEO RAI & ANR. (Civil Appeal No. 4422 of 2002) APRIL 15, 2011 B [R.V. RAVEENDRAN AND MARKANDEY KATJU, JJ.] Transfer of Property Act, 1882 - ss. 8 and 54 - Sale of immovable property - Passing of title - Suit for specific C performance by purchaser seeking decree for…
Supreme Court of India15 Apr 2011Full text
2011 INSC 304 · [2011] 8 S.C.R. 359
[2011) 8 S.C.R. 359 SRI RADHY SHYAM (D) THROUGH LRS. & ORS. A v. STATE OF U.P. & ORS. (Civil Appeal No. 3261 of 2011) APRIL 15, 2011 B [G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.] Land Acquisition Act, 1894 - ss. 17(1) & (4) and 5-A: Acquisition of land - Power of eminent domain - Power c conferred upon the State to acqu…
Supreme Court of India15 Apr 2011Full text
2011 INSC 303 · [2011] 5 S.C.R. 329
330 SUPREME COURT REPORTS [2011! 5 S.C.R. A in the form of an affidavit highlighting his stand before the High Court which dealt with the contempt petition, the appellant had also tendered unconditional apology which was not even referred to, before passing orders sentencing the appellant to imprisonment - In the absen…
Supreme Court of India15 Apr 2011Full text
2011 INSC 302 · [2011] 5 S.C.R. 317
Practice and Procedure: Writ Petition seeking quashing of Rules - Summary disposal of, without calling for counter affidavit and examining the matter in detail - Held: Was totally 317 H 318 SUPREME COURT REPORTS [2011) 5 S.C.R. A against any established procedure of law. Equity - When available - Held: Law prevails ove…
Supreme Court of India15 Apr 2011Full text
2011 INSC 300 · [2011] 7 S.C.R. 303
B Deeds and Documents - Power of Attorney - Execution of- Effect - Held: Even after execution of a power of attorney the principal can act independently and does not have to take the consent of the attorney - The attorney is only an agent of C the principal. The appellants filed title suit against the respondents for p…
Supreme Court of India11 Jan 2011Full text
2011 INSC 30 · [2011] 2 S.C.R. 47
After remanQ, the respondents amended their written statement and incorporated a counter claim to direct the appellants to demolish the structures put up on the said 47 H 48 SUPREME COURT REPORTS (2011] 2 S.C.R. A land, whereafter the trial court framed two additional issues, and ultimately again decreed the suit of th…
Also on Law on Tips: Bare Acts · Legal news and analysis
Shrish Kumar Misra, Mukul Singh, Ajay Kr, Singh for the Respondents. The following order of the Court was delivered 505 H 506 SUPREME COURT REPORTS [2011] 5 S.C.R. A ORDER 1. Heard learned counsel for the appellant and respondent No. 1. As regards the other respondents in respect of whom service is complete no one has …
Supreme Court of India20 Apr 2011Full text
2011 INSC 316 · [2011] 7 S.C.R. 354
- At the same time, if the lower Court's decision is based on D erroneous views and against the settled position of law, then such an order of acquittal should be set aside - Further, if the trial Court has ignored material and relevant facts or misread such evidence or has ignored scientific documents, then in such a …
Supreme Court of India19 Apr 2011Full text
2011 INSC 315 · [2011] 5 S.C.R. 771
(2011] 5 S.C.R. 771 AFJAL IMAM A v. STATE OF BIHAR AND ORS. (Civil Appeal No. 2843 of 2011) APRIL 19, 2011 B (J.M. PANCHAL AND H.L. GOKHALE, JJ.] Bihar Municipal Act, 2007: ss. 23, 27 - Election of new Mayor when the vacancy c arises in the office of Mayor - Power of newly elected Mayor to nominate members of Empowered…
Supreme Court of India19 Apr 2011Full text
2011 INSC 314 · [2011] 5 S.C.R. 501
- GOPAL v. STATE OF KARNATAKA 503 Gurudatta Ankolekar, Azeem Kalebudde, V.N. A Raghuparthy for the Respondent. The Judgment of the Court was delivered by SIRPURKAR, J. 1. The appellant - Gopal challenges his conviction under Section 302 l.P.C. in this appeal. The · B allegation against the appellant-accused are that on…
Supreme Court of India19 Apr 2011Full text
2011 INSC 313 · [2011] 5 S.C.R. 488
[2011] 5 S.C.R. 488 A ARUMUGAM SERVAI v. STATE OF TAMIL NADU (Criminal Appeal No. 958 of 2011) APRIL 19, 2011 B [MARKANDEY KATJU AND GYAN SUDHA MISRA, JJ.] Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - s.3(1)(x) - Complainants-PWs 1 and C 2 belonged to "Pallan,. caste, a Scheduled Caste i…
Supreme Court of India18 Apr 2011Full text
2011 INSC 312 · [2011] 5 S.C.R. 769
CRIMINAL APPELLATE JURISDICTION : SLP (Criminal) No. 3192 of 2011. From the Judgment and Order dated 27.07.2010 of the High Court of Bombay at Goa in Criminal Appeal No. 48 of E 2009. Garvesh Kabra for the Petitioner. The following order of the Court was delivered F ORDER Heard learned counsel for the petitioner. Delay…
Supreme Court of India18 Apr 2011Full text
2011 INSC 311 · [2011] 5 S.C.R. 460
Repeal: Accrued rights cannot be taken away by repealing the statutory provisions arbitrarily. F Party: Necessary party - lmpleadment of - Held: No order can be passed behind the back of a person adversely affecting him and such an order if passed, is liable to be ignored being not binding on such a party as the same h…
Supreme Court of India18 Apr 2011Full text
2011 INSC 310 · [2011] 5 S.C.R. 448
448H WAIKHOM YAIMA SINGH v. STATE OF MANIPUR 449 According to the prosecution, PW-4 found the victim A lying' in an unconscious state on the road. He alongwith his friends and relatives took the victim to the hospital around 10 pm. The victim was given some treatment and he came to his senses and gave a dying declarati…
Supreme Court of India11 Jan 2011Full text
2011 INSC 31 · [2011] 1 S.C.R. 644
G S.K. Dubey, Shail Kr. Dwivedi, AAG, Kamini Jaiswal, Jai Prakash Pandey, Shantanu Singh, Nikilesh Ramachandran, Alok Pandey, Gopal Singh, Rituraj Biswas, Sanjay V. Kharde, Asha Gopalan Nair, Kusumanjali Sharma, C.D. Milind Kumar, Manoj Kr. Dwivedi, Ashutosh Kr. Sharma, Gunnam H 644 MANOJ YADAV v. PUSHPA @ KIRAN YADAV …
Supreme Court of India18 Apr 2011Full text
2011 INSC 309 · [2011] 5 S.C.R. 416
Dismissing the appeal, the Court E HELD: 1.1 There is much substance in the submissions that at this stage, litigation in the instant case does not survive as the appellants have retired. Even if the writ petition is allowed and the appointment of F respondent No.3 is declared null and void, none of the appellants coul…
Supreme Court of India18 Apr 2011Full text
2011 INSC 308 · [2011] 5 S.C.R. 397
CONSTITUTION OF IND/A, 1950: Articles 226 and 32 - Writ petition - Maintainability of in 397 H 398 SUPREME COURT REPORTS [2011] 5 S.C.R. A view of the plea of alternative remedy -Held : An alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court -Consti…
Supreme Court of India18 Apr 2011Full text
2011 INSC 307 · [2011] 5 S.C.R. 353
Pursuant to the notice issued by the Court, the Union of India, and various States and the Union Territories filed replies. The Solicitor General of India broadened the 8 scope of the petition in order to deal with also the problem of trafficking in women and children. During the course of hearing suggestions and recom…
Supreme Court of India18 Apr 2011Full text
2011 INSC 306 · [2011] 6 S.C.R. 118
'-· [2011) 6 S.C.R. 118 A HITESH BHATNAGAR v. DEEPA BHATNAGAR (Civil Appeal No. 6288 of 2008) APRIL 18, 2011B [D.K. JAIN AND H.L. DAnu, JJ.] Hindu Marriage Act, 1955 - s. 138 - Petition for divorce by mutual consent - Withdrawal of consent - Whether the C consent Once given can be subsequently withdrawn by one of the p…
Supreme Court of India15 Apr 2011Full text
2011 INSC 305 · [2011] 6 S.C.R. 96
[2011) 6 S.C.R. 96 A JANAK DULARI DEVI & ANR. v. KAPILDEO RAI & ANR. (Civil Appeal No. 4422 of 2002) APRIL 15, 2011 B [R.V. RAVEENDRAN AND MARKANDEY KATJU, JJ.] Transfer of Property Act, 1882 - ss. 8 and 54 - Sale of immovable property - Passing of title - Suit for specific C performance by purchaser seeking decree for…
Supreme Court of India15 Apr 2011Full text
2011 INSC 304 · [2011] 8 S.C.R. 359
[2011) 8 S.C.R. 359 SRI RADHY SHYAM (D) THROUGH LRS. & ORS. A v. STATE OF U.P. & ORS. (Civil Appeal No. 3261 of 2011) APRIL 15, 2011 B [G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.] Land Acquisition Act, 1894 - ss. 17(1) & (4) and 5-A: Acquisition of land - Power of eminent domain - Power c conferred upon the State to acqu…
Supreme Court of India15 Apr 2011Full text
2011 INSC 303 · [2011] 5 S.C.R. 329
330 SUPREME COURT REPORTS [2011! 5 S.C.R. A in the form of an affidavit highlighting his stand before the High Court which dealt with the contempt petition, the appellant had also tendered unconditional apology which was not even referred to, before passing orders sentencing the appellant to imprisonment - In the absen…
Supreme Court of India15 Apr 2011Full text
2011 INSC 302 · [2011] 5 S.C.R. 317
Practice and Procedure: Writ Petition seeking quashing of Rules - Summary disposal of, without calling for counter affidavit and examining the matter in detail - Held: Was totally 317 H 318 SUPREME COURT REPORTS [2011) 5 S.C.R. A against any established procedure of law. Equity - When available - Held: Law prevails ove…
Supreme Court of India15 Apr 2011Full text
2011 INSC 300 · [2011] 7 S.C.R. 303
B Deeds and Documents - Power of Attorney - Execution of- Effect - Held: Even after execution of a power of attorney the principal can act independently and does not have to take the consent of the attorney - The attorney is only an agent of C the principal. The appellants filed title suit against the respondents for p…
Supreme Court of India11 Jan 2011Full text
2011 INSC 30 · [2011] 2 S.C.R. 47
After remanQ, the respondents amended their written statement and incorporated a counter claim to direct the appellants to demolish the structures put up on the said 47 H 48 SUPREME COURT REPORTS (2011] 2 S.C.R. A land, whereafter the trial court framed two additional issues, and ultimately again decreed the suit of th…
Also on Law on Tips: Bare Acts · Legal news and analysis