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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.
7,201–7,220 · Page 361 of 382
Supreme Court of India10 Feb 2011Full text
2011 INSC 117 · [2011] 2 S.C.R. 831
832 SUPREME COURT REPORTS (2011] 2 S.C.R. A must be decided on that basis - By this way, the 1991 ,appointee would rank senior to the 1994 appointee - Uttar Pradesh Subordinate Service Selection (Commission) Act, 1988 - Service law - Seniority. Service law: Seniority - Legal position with regard to8 determination of se…
Supreme Court of India10 Feb 2011Full text
2011 INSC 116 · [2011] 2 S.C.R. 762
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.
7,201–7,220 · Page 361 of 382
Supreme Court of India10 Feb 2011Full text
2011 INSC 117 · [2011] 2 S.C.R. 831
832 SUPREME COURT REPORTS (2011] 2 S.C.R. A must be decided on that basis - By this way, the 1991 ,appointee would rank senior to the 1994 appointee - Uttar Pradesh Subordinate Service Selection (Commission) Act, 1988 - Service law - Seniority. Service law: Seniority - Legal position with regard to8 determination of se…
Supreme Court of India10 Feb 2011Full text
2011 INSC 116 · [2011] 2 S.C.R. 762
PENAL CODE, 1860 : ss. 120-B and 409, and ss. 5(1)(C) and 5(2) of Prevention of Corruption Act read withs. 120-B /PC -Contract awarded B by State Electricity Board to accused-contractor on exorbitant rates -Member of the Board, Member of Consultative Council of the Board, Minister for Electricity in the State Governmen…
Supreme Court of India10 Feb 2011Full text
2011 INSC 115 · [2011] 2 S.C.R. 756
Omprakash vs. Assistant Engineer, Haryana Agro Industries Corpn. Ltd. 1994 (3) SCC 504; Mohinder Pratap G Dass vs. Modem Automobiles and Anr. 1995 (3) SCC 581 -distinguished. H 756 RAVINDER RAJ v. COMPETENT MOTORS CO. PVT. 757 LTD. & ANR. Case law reference: A 1994 (3) sec 504 Distinguished. Para 12 1995 (3) sec 581 Di…
Supreme Court of India10 Feb 2011Full text
2011 INSC 114 · [2011] 4 S.C.R. 289
290 SUPREME COURT REPORTS [2011] 4 S.C.R. A should be try to sustain the validity of the statute by reading it down. Interpretation of Statutes - ~tatute violating fundamental rights - Held: Statutory provisions cannot be read in isolation, but should be read in consonance with fundamental rights8 guaranteed by Constit…
Supreme Court of India9 Feb 2011Full text
2011 INSC 113 · [2011] 2 S.C.R. 704
Articles 14 and 16 -Held: Even if names of candidates are requisitioned from Employment Exchange, in addition o thereto, it is mandatory on the part of employer to invite applications from open market by advertising the vacancies in newspapers having wide circulation or by announcement in Radio and Television -Service …
Supreme Court of India8 Feb 2011Full text
2011 INSC 112 · [2011] 2 S.C.R. 691
The appellant imported consignments of certain goods in pursuance to the contract with ONGC and filed G Bills of Entry for the same. The said imported goods were exempted from customs duty under a Notification which required the importer to produce Essentiality Certificates issued by Director General of Hydrocarbons (D…
Supreme Court of India8 Feb 2011Full text
2011 INSC 111 · [2011] 2 S.C.R. 670
Eighteen complaints for offences punishable uls 138 read with s. 141 of the Negotiable Instruments Act, 1881 _were filed against the appellant and others. The case of D the complainants was that they placed orders with the Company, of which the appellant was one of the Directors, for the sale of certain products, and i…
Supreme Court of India8 Feb 2011Full text
2011 INSC 110 · [2011] 2 S.C.R. 648
Order XL/I/, Rule 2 - Appeal from orders - Power of appellate court to interfere with an ex-parte order - Held: The first appeal is a valuable right and the parties have a right to 648 H PARIMAL v. VEENA @ BHARTI 649 be heard both on question of law and on facts - The first A appellate court should not disturb and inte…
Supreme Court of India5 Jan 2011Full text
2011 INSC 11 · [2011] 1 S.C.R. 110
[2011] 1 S.C.R. 110 A NARWiNDER SINGH v. STATE OF PUNJAB ~ (Criminal Appeal No. 590 of 2005) JANUARY 5, 2011.B [B.SUOERSHAN REDDY AND SURINDER SINGH NIJJAR, JJ.] .. Penal Code, 1860: c s.306 - Suicidal death of a pregnant woman in her matrimonial home within 4 years of her marriage - Husband and in-laws convicted by tr…
Supreme Court of India8 Feb 2011Full text
2011 INSC 109 · [2011] 2 S.C.R. 642
BHOLA SINGH v. STATE OF PUNJAB 643 of the courts below set aside and acquittal ordered. A Noor Aga vs. State of Punjab and Anr. (2008) 16 SCC 417 - relied on. Case law reference: B (2008) 16 sec 417 relied on Para 10 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 448 of 2006. From the Judgment & Order dated 5.7.2…
Supreme Court of India8 Feb 2011Full text
2011 INSC 108 · [2011] 2 S.C.R. 627
[2011] 2 S.C.R. 627 BACHNI DEVI AND ANR. A V. STATE OF HARYANA THROUGH SECRETARY, HOME DEPARTMENT ..,.- (Criminal Appeal No. 831 of 2006) B FEBRUARY 8, 2011 [AFTAB ALAM AND R.M. LODHA, JJ.] Penal Code, 1860 - s.3048: c Offence of Dowry death - Ingredients required to be proved by the prosecution - Stated. Dowry - Meani…
Supreme Court of India8 Feb 2011Full text
2011 INSC 107 · [2011] 2 S.C.R. 617
Commissioner of Income Tax, Faridabad v. Ghanshyam (HUA) (2009) 8 SCC 412 - referred to. G Case. Law Reference: (:1995) s sec 355 relied on Para 5 617 H 618 SUPREME COURT REPORTS [2011] 2 S.C.R. A (1996) 1 sec 250 relied on Para 5 (1995) 2 sec 305 relied on Para 5 (2001) 1 sec 211 relied on Para 5 (2006) s sec 457 reli…
Supreme Court of India7 Feb 2011Full text
2011 INSC 106 · [2011] 2 S.C.R. 602
Respondent no.3 had a.dvanced a loan amount of Rs. 4.50 crores to appellant no.6 on an equitable mortgage by deposit of title deeds of certain properties. Appellant H 602 - KANAIYALAL LALCHAND SACHDEV AND ORS. v. oU3 STATE OF MAHARASHTRA AND ORS. Nos.1 to 5 were the guarantors. Respondent no.3. issued A a notice under …
Supreme Court of India7 Feb 2011Full text
2011 INSC 105 · [2011] 2 S.C.R. 585
Dismissing the appeals, the Court HELD: 1.1 From a bare reading of Section 61 of the H Customs Act, 1962, It Is manifest that warehousing is - SBEC SUGAR LIMITED & ANR. v. UNION OF INDIA & 587 ORS. permissible for a limited period, as contemplated under A,. sub-sections (1 )(a) and (1 )(b) of Section 61; and such perio…
Supreme Court of India7 Feb 2011Full text
2011 INSC 104 · [2011] 2 S.C.R. 576
[2011] 2 S.C.R. 576 A SUNIL SHARMA & ORS. v. BACHITAR SINGH & ORS. (Civil Appeal No. 1440 of 2011) FEBRUARY 07, 2011 8 [G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.] MOTOR VEHICLES ACT, 1988: c Fatal motor accident - Claim petition - Compensation - Computation of income of deceased - Deductions -Multiplier - Compensation t…
Supreme Court of India7 Feb 2011Full text
2011 INSC 103 · [2011] 3 S.C.R. 317
ss.391 and 394 - Amalgamation of companies -Scheme of amalgamation between appellant company and anothi:.r company - Single Judge of High Court sanctioned G the schen;~ - Division Bench, however, revoked the sanction - On appeal, ,,.Ad: The Official Liquidator, though aware of the inspection report under s. 209A contai…
Supreme Court of India4 Feb 2011Full text
2011 INSC 102 · [2011] 2 S.C.R. 556
H 558 SUPREME COURT REPORTS [2011) 2 S.C.R. A Allowing the appeal, the Court Held: 1.1. The reasonableness of a decision or an action can only be judged in the totality of the facts and circumstances and having regard to the object and purpose sought to be achieved. If the object is to select8 someone for public employ…
Supreme Court of India4 Feb 2011Full text
2011 INSC 101 · [2011] 2 S.C.R. 540
In the instant appeals, the conviction of the appellants was challenged on various grounds. It was contended by the appellants that the facts of the case did Fnot justify interference by the High Court in an appeal against acquittal. Dismissing the appeal, the Court HELD: 1. The High Court should not interfere in an G …
Supreme Court of India4 Feb 2011Full text
2011 INSC 100 · [2011] 2 S.C.R. 535
. I ... 535 H 536 SUPREME COURT REPORTS [2011] 2 S.C.R. A P.N. Mishra, Harikesh Singh, T. Singh, Sohovan, Kamal Mohan Gupta for the Appellant. Manjit Singh, Ajay Pal, Abha Jain, Naresh Bakshi for the Respondents. B · The following order of the Court was delivered ORDER Leave granted. C This appeal is directed against t…
Supreme Court of India5 Jan 2011Full text
2011 INSC 10 · [2011] 1 S.C.R. 853
Dismissing the appeal, the Court . HELD:1. Book profit is not defined in the Income Tax H Act, 1961. It is Income computed under the company law. INDO RAMA SYNTHETICS (I) LTD. v. C.l.T. NEW 855 DELHI By virtue of the MAT provisions, in the case of a A -~ t \ company whose total income as computed under the normal provi…
Also on Law on Tips: Bare Acts · Legal news and analysis
PENAL CODE, 1860 : ss. 120-B and 409, and ss. 5(1)(C) and 5(2) of Prevention of Corruption Act read withs. 120-B /PC -Contract awarded B by State Electricity Board to accused-contractor on exorbitant rates -Member of the Board, Member of Consultative Council of the Board, Minister for Electricity in the State Governmen…
Supreme Court of India10 Feb 2011Full text
2011 INSC 115 · [2011] 2 S.C.R. 756
Omprakash vs. Assistant Engineer, Haryana Agro Industries Corpn. Ltd. 1994 (3) SCC 504; Mohinder Pratap G Dass vs. Modem Automobiles and Anr. 1995 (3) SCC 581 -distinguished. H 756 RAVINDER RAJ v. COMPETENT MOTORS CO. PVT. 757 LTD. & ANR. Case law reference: A 1994 (3) sec 504 Distinguished. Para 12 1995 (3) sec 581 Di…
Supreme Court of India10 Feb 2011Full text
2011 INSC 114 · [2011] 4 S.C.R. 289
290 SUPREME COURT REPORTS [2011] 4 S.C.R. A should be try to sustain the validity of the statute by reading it down. Interpretation of Statutes - ~tatute violating fundamental rights - Held: Statutory provisions cannot be read in isolation, but should be read in consonance with fundamental rights8 guaranteed by Constit…
Supreme Court of India9 Feb 2011Full text
2011 INSC 113 · [2011] 2 S.C.R. 704
Articles 14 and 16 -Held: Even if names of candidates are requisitioned from Employment Exchange, in addition o thereto, it is mandatory on the part of employer to invite applications from open market by advertising the vacancies in newspapers having wide circulation or by announcement in Radio and Television -Service …
Supreme Court of India8 Feb 2011Full text
2011 INSC 112 · [2011] 2 S.C.R. 691
The appellant imported consignments of certain goods in pursuance to the contract with ONGC and filed G Bills of Entry for the same. The said imported goods were exempted from customs duty under a Notification which required the importer to produce Essentiality Certificates issued by Director General of Hydrocarbons (D…
Supreme Court of India8 Feb 2011Full text
2011 INSC 111 · [2011] 2 S.C.R. 670
Eighteen complaints for offences punishable uls 138 read with s. 141 of the Negotiable Instruments Act, 1881 _were filed against the appellant and others. The case of D the complainants was that they placed orders with the Company, of which the appellant was one of the Directors, for the sale of certain products, and i…
Supreme Court of India8 Feb 2011Full text
2011 INSC 110 · [2011] 2 S.C.R. 648
Order XL/I/, Rule 2 - Appeal from orders - Power of appellate court to interfere with an ex-parte order - Held: The first appeal is a valuable right and the parties have a right to 648 H PARIMAL v. VEENA @ BHARTI 649 be heard both on question of law and on facts - The first A appellate court should not disturb and inte…
Supreme Court of India5 Jan 2011Full text
2011 INSC 11 · [2011] 1 S.C.R. 110
[2011] 1 S.C.R. 110 A NARWiNDER SINGH v. STATE OF PUNJAB ~ (Criminal Appeal No. 590 of 2005) JANUARY 5, 2011.B [B.SUOERSHAN REDDY AND SURINDER SINGH NIJJAR, JJ.] .. Penal Code, 1860: c s.306 - Suicidal death of a pregnant woman in her matrimonial home within 4 years of her marriage - Husband and in-laws convicted by tr…
Supreme Court of India8 Feb 2011Full text
2011 INSC 109 · [2011] 2 S.C.R. 642
BHOLA SINGH v. STATE OF PUNJAB 643 of the courts below set aside and acquittal ordered. A Noor Aga vs. State of Punjab and Anr. (2008) 16 SCC 417 - relied on. Case law reference: B (2008) 16 sec 417 relied on Para 10 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 448 of 2006. From the Judgment & Order dated 5.7.2…
Supreme Court of India8 Feb 2011Full text
2011 INSC 108 · [2011] 2 S.C.R. 627
[2011] 2 S.C.R. 627 BACHNI DEVI AND ANR. A V. STATE OF HARYANA THROUGH SECRETARY, HOME DEPARTMENT ..,.- (Criminal Appeal No. 831 of 2006) B FEBRUARY 8, 2011 [AFTAB ALAM AND R.M. LODHA, JJ.] Penal Code, 1860 - s.3048: c Offence of Dowry death - Ingredients required to be proved by the prosecution - Stated. Dowry - Meani…
Supreme Court of India8 Feb 2011Full text
2011 INSC 107 · [2011] 2 S.C.R. 617
Commissioner of Income Tax, Faridabad v. Ghanshyam (HUA) (2009) 8 SCC 412 - referred to. G Case. Law Reference: (:1995) s sec 355 relied on Para 5 617 H 618 SUPREME COURT REPORTS [2011] 2 S.C.R. A (1996) 1 sec 250 relied on Para 5 (1995) 2 sec 305 relied on Para 5 (2001) 1 sec 211 relied on Para 5 (2006) s sec 457 reli…
Supreme Court of India7 Feb 2011Full text
2011 INSC 106 · [2011] 2 S.C.R. 602
Respondent no.3 had a.dvanced a loan amount of Rs. 4.50 crores to appellant no.6 on an equitable mortgage by deposit of title deeds of certain properties. Appellant H 602 - KANAIYALAL LALCHAND SACHDEV AND ORS. v. oU3 STATE OF MAHARASHTRA AND ORS. Nos.1 to 5 were the guarantors. Respondent no.3. issued A a notice under …
Supreme Court of India7 Feb 2011Full text
2011 INSC 105 · [2011] 2 S.C.R. 585
Dismissing the appeals, the Court HELD: 1.1 From a bare reading of Section 61 of the H Customs Act, 1962, It Is manifest that warehousing is - SBEC SUGAR LIMITED & ANR. v. UNION OF INDIA & 587 ORS. permissible for a limited period, as contemplated under A,. sub-sections (1 )(a) and (1 )(b) of Section 61; and such perio…
Supreme Court of India7 Feb 2011Full text
2011 INSC 104 · [2011] 2 S.C.R. 576
[2011] 2 S.C.R. 576 A SUNIL SHARMA & ORS. v. BACHITAR SINGH & ORS. (Civil Appeal No. 1440 of 2011) FEBRUARY 07, 2011 8 [G.S. SINGHVI AND ASOK KUMAR GANGULY, JJ.] MOTOR VEHICLES ACT, 1988: c Fatal motor accident - Claim petition - Compensation - Computation of income of deceased - Deductions -Multiplier - Compensation t…
Supreme Court of India7 Feb 2011Full text
2011 INSC 103 · [2011] 3 S.C.R. 317
ss.391 and 394 - Amalgamation of companies -Scheme of amalgamation between appellant company and anothi:.r company - Single Judge of High Court sanctioned G the schen;~ - Division Bench, however, revoked the sanction - On appeal, ,,.Ad: The Official Liquidator, though aware of the inspection report under s. 209A contai…
Supreme Court of India4 Feb 2011Full text
2011 INSC 102 · [2011] 2 S.C.R. 556
H 558 SUPREME COURT REPORTS [2011) 2 S.C.R. A Allowing the appeal, the Court Held: 1.1. The reasonableness of a decision or an action can only be judged in the totality of the facts and circumstances and having regard to the object and purpose sought to be achieved. If the object is to select8 someone for public employ…
Supreme Court of India4 Feb 2011Full text
2011 INSC 101 · [2011] 2 S.C.R. 540
In the instant appeals, the conviction of the appellants was challenged on various grounds. It was contended by the appellants that the facts of the case did Fnot justify interference by the High Court in an appeal against acquittal. Dismissing the appeal, the Court HELD: 1. The High Court should not interfere in an G …
Supreme Court of India4 Feb 2011Full text
2011 INSC 100 · [2011] 2 S.C.R. 535
. I ... 535 H 536 SUPREME COURT REPORTS [2011] 2 S.C.R. A P.N. Mishra, Harikesh Singh, T. Singh, Sohovan, Kamal Mohan Gupta for the Appellant. Manjit Singh, Ajay Pal, Abha Jain, Naresh Bakshi for the Respondents. B · The following order of the Court was delivered ORDER Leave granted. C This appeal is directed against t…
Supreme Court of India5 Jan 2011Full text
2011 INSC 10 · [2011] 1 S.C.R. 853
Dismissing the appeal, the Court . HELD:1. Book profit is not defined in the Income Tax H Act, 1961. It is Income computed under the company law. INDO RAMA SYNTHETICS (I) LTD. v. C.l.T. NEW 855 DELHI By virtue of the MAT provisions, in the case of a A -~ t \ company whose total income as computed under the normal provi…
Also on Law on Tips: Bare Acts · Legal news and analysis