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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.
701–720 · Page 36 of 382
Supreme Court of India12 Mar 2019Full text
2019 INSC 351 · [2019] 4 S.C.R. 704
Remanding the matter to the High Court, the Court HELD: 1. The High Court failed to notice Section 560 (5) F proviso (a) of the Companies Act and further failed to notice Chapter XV of the Income Tax Act which deals with “liability in special cases” and its clause (L) which deals with “discontinuance of business or dis…
Supreme Court of India8 Jan 2019Full text
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.
701–720 · Page 36 of 382
Supreme Court of India12 Mar 2019Full text
2019 INSC 351 · [2019] 4 S.C.R. 704
Remanding the matter to the High Court, the Court HELD: 1. The High Court failed to notice Section 560 (5) F proviso (a) of the Companies Act and further failed to notice Chapter XV of the Income Tax Act which deals with “liability in special cases” and its clause (L) which deals with “discontinuance of business or dis…
Supreme Court of India8 Jan 2019Full text
2019 INSC 35 · [2019] 1 S.C.R. 145
– In the facts and circumstances of the case, nature of the injunction relief was in order and merits no interference during pendency of the suit – Matter remanded to Single Judge – Patents Act, 1970 – s. 3(j) and 64. B Disposing of the appeals, the Court HELD: 1. Section 64 of the Patents Act provides for revocation o…
Supreme Court of India12 Mar 2019Full text
2019 INSC 349 · [2019] 4 S.C.R. 1063
Appellant filed second appeals in the High Court – High Court dismissed the appeals – Revision petitions also dismissed by High Court – Held: Though the High Court framed three substantial questions but did not answer any of them on their respective merit either way – Instead it dismissed the second appeals on the ques…
Supreme Court of India12 Mar 2019Full text
2019 INSC 348 · [2019] 5 S.C.R. 340
the writ petitions – However, Division Bench of High Court set aside the judgment of the Single Judge and directed the State to draw the seniority list taking Direct recruit Assistants, Promotee graduate Assistants and Promotee non-graduate Assistants as one group for promotion as Deputy Tahsildar – On appeal, held: Di…
Supreme Court of India12 Mar 2019Full text
2019 INSC 347 · [2019] 2 S.C.R. 1000
Dismissing the appeals, the Court F HELD: 1. It is not in dispute that the appellants had been contesting the civil suit and the first appeal since inception. They were, therefore, fully aware of the adverse orders passed in the first appeal against them. There was, therefore, no justification on their part to keep qui…
Supreme Court of India12 Mar 2019Full text
2019 INSC 345 · [2019] 3 S.C.R. 529
not be recovered – Review petition dismissed – On appeal, held: High Court rightly concluded that the workman did not work continuously for one year – Such finding of fact is binding on Supreme Court and cannot be examined de novo in appellate jurisdiction u/Art. 136 of Constitution – High Court also rightly held that …
Supreme Court of India11 Mar 2019Full text
2019 INSC 341 · [2019] 2 S.C.R. 984
984 M/S ICOMM TELE LTD. v. PUNJAB STATE WATER SUPPLY & 985 SEWERAGE BOARD & ANR. 1.2 A “deposit-at-call” of 10% of the amount claimed, which A can amount to large sums of money, is obviously without any direct nexus to the filing of frivolous claims, as it applies to all claims (frivolous or otherwise) made at the very…
Supreme Court of India11 Mar 2019Full text
2019 INSC 340 · [2019] 4 S.C.R. 1099
F The respondent was enrolled in the Indian Army as a Sepoy in the Army Service Corps. Having failed to report to his new Unit, he was declared as absent without leave. However, after a lapse of 302 days, the respondent reported to the ASC Centre (North) at Gaya. Thereafter, he was tried by a Summary Court Martial, whe…
Supreme Court of India8 Jan 2019Full text
2019 INSC 34 · [2019] 1 S.C.R. 130
130 SUPREME COURT[2019]REPORTS1 S.C.R. 130 [2019] 1 S.C.R. A THE ADDITIONAL COMMISSIONER (LEGAL), COMMERCIAL TAXES, RAJASTHAN & ANR. v. M/S. LOHIYA AGENCIES & ANR. B (Civil Appeal Nos. 180-186 of 2019) JANUARY 08, 2019 [RANJAN GOGOI, SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Rajasthan Value Added Tax, 2003: C Schedule …
Supreme Court of India8 Mar 2019Full text
2019 INSC 339 · [2019] 4 S.C.R. 694
Rules – r.52, NCLAT Rules categorically states that the judicial section of the registry of the NCLAT shall record, in the “Notes of the Registry” column in the order sheet, the details regarding completion of service of notice on the respondents – Material placed does not indicate that the aforementioned stipulation w…
Supreme Court of India8 Mar 2019Full text
2019 INSC 338 · [2019] 3 S.C.R. 523
H 523 524 SUPREME COURT REPORTS [2019] 3 S.C.R. A Annam D. N. Rao, A. Venkatesh, Rahul Mishra, Advs. for the Appellants. The Judgment of the Court was delivered by UDAY UMESH LALIT, J. 1. This appeal challenges the correctness of the judgment and order dated 08.03.2018 passed by the B High Court of Judicature at Hydera…
Supreme Court of India8 Mar 2019Full text
2019 INSC 337 · [2019] 4 S.C.R. 1034
2. Commuted Value of Pension (CVP) is inter-linked with B pension. Pension is not a bounty. It is a legal as well as a fundamental right of a Government servant to receive his pension. It is not an act of grace by the employer but it is the right of the Government servant who has put in the required number of years of …
Supreme Court of India8 Mar 2019Full text
2019 INSC 336 · [2019] 4 S.C.R. 677
U.P. Ordinance No.1 of 1977 – s.73 of U.P. Land Laws (Amendment) Act, 1977 dealt with transitory provisions – s.73(1) provided that all proceedings for acquisition of bhumidhari rights under ss.134 and 135 of the 1950 Act as they stood immediately before 28.01.1977 and all proceedings arising therefrom, pending on such…
Supreme Court of India7 Mar 2019Full text
2019 INSC 335 · [2019] 2 S.C.R. 926
926 SUPREME [2019]COURT2 REPORTSS.C.R. 926 [2019] 2 S.C.R. A BABU RAM v. SANTOKH SINGH (DECEASED) THROUGH HIS LRS AND OTHERS B (Civil Appeal No. 2553 of 2019) MARCH 07, 2019 [UDAY UMESH LALIT AND M. R. SHAH, JJ.] Hindu Succession Act, 1956: C s. 22 – Preferential right to acquire property in certain cases – Applicabili…
Supreme Court of India7 Mar 2019Full text
2019 INSC 334 · [2019] 2 S.C.R. 945
[2019] 2 S.C.R. 945 945 SHODA DEVI A v. DDU/RIPON HOSPITAL SHIMLA AND ORS. (Civil Appeal No. 2557 of 2019) MARCH 07, 2019 B [ABHAY MANOHAR SAPRE AND DINESH MAHESHWARI, JJ.] Consumer Protection Act, 1986: Medical negligence – Compensation – Appellant’s case was C that she was admitted in respondent-Hospital on account o…
Supreme Court of India7 Mar 2019Full text
2019 INSC 333 · [2019] 2 S.C.R. 975
E CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6878 of 2018. From the Judgment and Order dated 22.05.2018 of the National Consumer Disputes Redressal Commission at New Delhi in Consumer Case No. 1094 of 2018. F Ms. Meenakshi Arora, Sr. Adv., Ms. Bhabna Das, Krishna Dev Jagarlamudi, Advs. for the Appellants. Salil Pa…
Supreme Court of India7 Mar 2019Full text
2019 INSC 332 · [2019] 2 S.C.R. 916
2. The need to remand the case to the SDJM is called for only when some factual inquiry is required to be held to decide C any factual issue involved in the case which cannot be undertaken at the revision stage or when it is noticed that there is no finding on any particular factual issue(s) recorded by the SDJM or whe…
Supreme Court of India7 Mar 2019Full text
2019 INSC 331 · [2019] 5 S.C.R. 287
287 288 SUPREME COURT REPORTS [2019] 5 S.C.R. A the employees were out of employment, was to be dealt with – It was always in contemplation that if an employee had superannuated on attaining the age of 58 years and was thereafter re-inducted in service with superannuation age being 60 years, he would not be entitled to…
Supreme Court of India7 Mar 2019Full text
2019 INSC 330 · [2019] 2 S.C.R. 957
territorial jurisdiction by filing application for revocation of leave, High Court should have granted liberty to the respondents (defendants) to file the written statement in the suit and to raise therein a plea of territorial jurisdiction of the Court, instead of entertaining the said application – An issue of such n…
Supreme Court of India8 Jan 2019Full text
2019 INSC 33 · [2019] 1 S.C.R. 161
of the appellant that he was slapped was also not made out from the evidence on record – Appeal before Supreme Court – Held: The Tribunal had re-appreciated the evidence and had concurred with the findings of DCM – The view taken by Tribunal was a plausible view and, therefore, did not warrant any interference in appea…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 35 · [2019] 1 S.C.R. 145
– In the facts and circumstances of the case, nature of the injunction relief was in order and merits no interference during pendency of the suit – Matter remanded to Single Judge – Patents Act, 1970 – s. 3(j) and 64. B Disposing of the appeals, the Court HELD: 1. Section 64 of the Patents Act provides for revocation o…
Supreme Court of India12 Mar 2019Full text
2019 INSC 349 · [2019] 4 S.C.R. 1063
Appellant filed second appeals in the High Court – High Court dismissed the appeals – Revision petitions also dismissed by High Court – Held: Though the High Court framed three substantial questions but did not answer any of them on their respective merit either way – Instead it dismissed the second appeals on the ques…
Supreme Court of India12 Mar 2019Full text
2019 INSC 348 · [2019] 5 S.C.R. 340
the writ petitions – However, Division Bench of High Court set aside the judgment of the Single Judge and directed the State to draw the seniority list taking Direct recruit Assistants, Promotee graduate Assistants and Promotee non-graduate Assistants as one group for promotion as Deputy Tahsildar – On appeal, held: Di…
Supreme Court of India12 Mar 2019Full text
2019 INSC 347 · [2019] 2 S.C.R. 1000
Dismissing the appeals, the Court F HELD: 1. It is not in dispute that the appellants had been contesting the civil suit and the first appeal since inception. They were, therefore, fully aware of the adverse orders passed in the first appeal against them. There was, therefore, no justification on their part to keep qui…
Supreme Court of India12 Mar 2019Full text
2019 INSC 345 · [2019] 3 S.C.R. 529
not be recovered – Review petition dismissed – On appeal, held: High Court rightly concluded that the workman did not work continuously for one year – Such finding of fact is binding on Supreme Court and cannot be examined de novo in appellate jurisdiction u/Art. 136 of Constitution – High Court also rightly held that …
Supreme Court of India11 Mar 2019Full text
2019 INSC 341 · [2019] 2 S.C.R. 984
984 M/S ICOMM TELE LTD. v. PUNJAB STATE WATER SUPPLY & 985 SEWERAGE BOARD & ANR. 1.2 A “deposit-at-call” of 10% of the amount claimed, which A can amount to large sums of money, is obviously without any direct nexus to the filing of frivolous claims, as it applies to all claims (frivolous or otherwise) made at the very…
Supreme Court of India11 Mar 2019Full text
2019 INSC 340 · [2019] 4 S.C.R. 1099
F The respondent was enrolled in the Indian Army as a Sepoy in the Army Service Corps. Having failed to report to his new Unit, he was declared as absent without leave. However, after a lapse of 302 days, the respondent reported to the ASC Centre (North) at Gaya. Thereafter, he was tried by a Summary Court Martial, whe…
Supreme Court of India8 Jan 2019Full text
2019 INSC 34 · [2019] 1 S.C.R. 130
130 SUPREME COURT[2019]REPORTS1 S.C.R. 130 [2019] 1 S.C.R. A THE ADDITIONAL COMMISSIONER (LEGAL), COMMERCIAL TAXES, RAJASTHAN & ANR. v. M/S. LOHIYA AGENCIES & ANR. B (Civil Appeal Nos. 180-186 of 2019) JANUARY 08, 2019 [RANJAN GOGOI, SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Rajasthan Value Added Tax, 2003: C Schedule …
Supreme Court of India8 Mar 2019Full text
2019 INSC 339 · [2019] 4 S.C.R. 694
Rules – r.52, NCLAT Rules categorically states that the judicial section of the registry of the NCLAT shall record, in the “Notes of the Registry” column in the order sheet, the details regarding completion of service of notice on the respondents – Material placed does not indicate that the aforementioned stipulation w…
Supreme Court of India8 Mar 2019Full text
2019 INSC 338 · [2019] 3 S.C.R. 523
H 523 524 SUPREME COURT REPORTS [2019] 3 S.C.R. A Annam D. N. Rao, A. Venkatesh, Rahul Mishra, Advs. for the Appellants. The Judgment of the Court was delivered by UDAY UMESH LALIT, J. 1. This appeal challenges the correctness of the judgment and order dated 08.03.2018 passed by the B High Court of Judicature at Hydera…
Supreme Court of India8 Mar 2019Full text
2019 INSC 337 · [2019] 4 S.C.R. 1034
2. Commuted Value of Pension (CVP) is inter-linked with B pension. Pension is not a bounty. It is a legal as well as a fundamental right of a Government servant to receive his pension. It is not an act of grace by the employer but it is the right of the Government servant who has put in the required number of years of …
Supreme Court of India8 Mar 2019Full text
2019 INSC 336 · [2019] 4 S.C.R. 677
U.P. Ordinance No.1 of 1977 – s.73 of U.P. Land Laws (Amendment) Act, 1977 dealt with transitory provisions – s.73(1) provided that all proceedings for acquisition of bhumidhari rights under ss.134 and 135 of the 1950 Act as they stood immediately before 28.01.1977 and all proceedings arising therefrom, pending on such…
Supreme Court of India7 Mar 2019Full text
2019 INSC 335 · [2019] 2 S.C.R. 926
926 SUPREME [2019]COURT2 REPORTSS.C.R. 926 [2019] 2 S.C.R. A BABU RAM v. SANTOKH SINGH (DECEASED) THROUGH HIS LRS AND OTHERS B (Civil Appeal No. 2553 of 2019) MARCH 07, 2019 [UDAY UMESH LALIT AND M. R. SHAH, JJ.] Hindu Succession Act, 1956: C s. 22 – Preferential right to acquire property in certain cases – Applicabili…
Supreme Court of India7 Mar 2019Full text
2019 INSC 334 · [2019] 2 S.C.R. 945
[2019] 2 S.C.R. 945 945 SHODA DEVI A v. DDU/RIPON HOSPITAL SHIMLA AND ORS. (Civil Appeal No. 2557 of 2019) MARCH 07, 2019 B [ABHAY MANOHAR SAPRE AND DINESH MAHESHWARI, JJ.] Consumer Protection Act, 1986: Medical negligence – Compensation – Appellant’s case was C that she was admitted in respondent-Hospital on account o…
Supreme Court of India7 Mar 2019Full text
2019 INSC 333 · [2019] 2 S.C.R. 975
E CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6878 of 2018. From the Judgment and Order dated 22.05.2018 of the National Consumer Disputes Redressal Commission at New Delhi in Consumer Case No. 1094 of 2018. F Ms. Meenakshi Arora, Sr. Adv., Ms. Bhabna Das, Krishna Dev Jagarlamudi, Advs. for the Appellants. Salil Pa…
Supreme Court of India7 Mar 2019Full text
2019 INSC 332 · [2019] 2 S.C.R. 916
2. The need to remand the case to the SDJM is called for only when some factual inquiry is required to be held to decide C any factual issue involved in the case which cannot be undertaken at the revision stage or when it is noticed that there is no finding on any particular factual issue(s) recorded by the SDJM or whe…
Supreme Court of India7 Mar 2019Full text
2019 INSC 331 · [2019] 5 S.C.R. 287
287 288 SUPREME COURT REPORTS [2019] 5 S.C.R. A the employees were out of employment, was to be dealt with – It was always in contemplation that if an employee had superannuated on attaining the age of 58 years and was thereafter re-inducted in service with superannuation age being 60 years, he would not be entitled to…
Supreme Court of India7 Mar 2019Full text
2019 INSC 330 · [2019] 2 S.C.R. 957
territorial jurisdiction by filing application for revocation of leave, High Court should have granted liberty to the respondents (defendants) to file the written statement in the suit and to raise therein a plea of territorial jurisdiction of the Court, instead of entertaining the said application – An issue of such n…
Supreme Court of India8 Jan 2019Full text
2019 INSC 33 · [2019] 1 S.C.R. 161
of the appellant that he was slapped was also not made out from the evidence on record – Appeal before Supreme Court – Held: The Tribunal had re-appreciated the evidence and had concurred with the findings of DCM – The view taken by Tribunal was a plausible view and, therefore, did not warrant any interference in appea…
Also on Law on Tips: Bare Acts · Legal news and analysis