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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.
7,261–7,280 · Page 364 of 382
Supreme Court of India30 Nov 2010Full text
2010 INSC 836 · [2010] 14 S.C.R. 961
Custody of child - Paramount consideration - Welfare 961 H 962 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R. A of the child - Held: The provisions of the special statutes which govern the rights of the parents or guardians may be taken into consideration, however, there is nothing which can stand in the way of the cou…
Supreme Court of India30 Nov 2010Full text
2010 INSC 835 · [2010] 13 S.C.R. 1176
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.
7,261–7,280 · Page 364 of 382
Supreme Court of India30 Nov 2010Full text
2010 INSC 836 · [2010] 14 S.C.R. 961
Custody of child - Paramount consideration - Welfare 961 H 962 SUPREME COURT REPORTS [2010] 14 (ADDL.) S.C.R. A of the child - Held: The provisions of the special statutes which govern the rights of the parents or guardians may be taken into consideration, however, there is nothing which can stand in the way of the cou…
Supreme Court of India30 Nov 2010Full text
2010 INSC 835 · [2010] 13 S.C.R. 1176
- Executabi/ity of decree qua the main bungalow not assailed or questioned - Decree-holders entitled to retain possession of main bungalow until Union of India issues any further orders of resumption of property - Thus, High Court was right G in setting aside the execution proceedings - Cantonments -Decree - Execution …
Supreme Court of India29 Nov 2010Full text
2010 INSC 831 · [2010] 15 S.C.R. 156
- Court can, however, interfere with administrative decisions 8 when there is clear violation of the statute or a constitutional provision, or there is arbitrariness in the Wednesbury sense - It is the administrators and legislators who are entitled to frame policies and take such administrative decisions as they think…
Supreme Court of India8 Feb 2010Full text
2010 INSC 83 · [2010] 2 S.C.R. 429
1.5. There are number of material facts in the e…
Supreme Court of India26 Nov 2010Full text
2010 INSC 824 · [2010] 15 S.C.R. 673
Di!?nlissina the ,appeal, the Court v ,. ' \ . . ' ' ' . · HE'LE>:1. Tll~ order passed by the High Court 8confirm•ng the order of conviction passed by the trial court cannot be said to be bad in law. The trial court had duly considered the fact that the dying declaration was trustworthy ~nd reliable and it was supporte…
Supreme Court of India26 Nov 2010Full text
2010 INSC 821 · [2010] 13 S.C.R. 1131
- Territorial jurisdiction - Interim orders - Relief - F Administration of Justice. The petitioner presented a suit in the civil court of District Hamirpur (within the jurisdiction of Allahabad Bench of the High Court) with regard to allotment on lease, for the purposes of 'Mela', of certain land situate G in district …
Supreme Court of India25 Nov 2010Full text
2010 INSC 816 · [2010] 15 S.C.R. 131
132 SUPREME COURT REPORTS [201 O] 15 (ADDL.) S.C.R. A grant interest not granted in the decree, but, if a decree is found to be nullity, the same could be challenged and interfered with at any subsequent stage, say, at the execution stage or even in a collateral proceeding - In the instant appeals, the judgment passed …
Supreme Court of India24 Nov 2010Full text
2010 INSC 811 · [2010] 15 S.C.R. 619
620 SUPREME COURT RF.PORTS [2010] 15 (ADDL) S.C.R A tax and EM/ along with in:2rest @ 12% p.a. and costs. The complainant-p~!titioner purchased a diesel vehicle from a dealer, the second respondent and got it registered in his name. After the registration, he took the vehicle on a drive and found certain defects in the…
Supreme Court of India24 Nov 2010Full text
2010 INSC 809 · [2010] 13 S.C.R. 1076
[201 OJ 13 (ADDL.) S.C.R. 1076 A DAYA SHANKAR YADAV v. UNION OF INDIA & ORS. (Civil Appeal No. 9913 of 2010) NOVEMBER 24, 2010 B [R.V. RAVEENDRAN AND H.L. GOKHALE, JJ.] Service Law: C Central Civil Services (Temporary Service) Rules, 1965 - r. 5(1) - Termination of service - Selection and appointment of employee as con…
Supreme Court of India24 Nov 2010Full text
2010 INSC 808 · [2010] 13 S.C.R. 1072
- HELD: This was not expected of the High Court - Judicial F discipline requires that High Courts should not try to override orders passed by Supreme Court - Rent Control and Eviction. CONTEMPT OF COURT: G Contempt of Order of Supreme Court - SLP against e.:iction on the ground of reconstruction of the old premises dis…
Supreme Court of India23 Nov 2010Full text
2010 INSC 804 · [2010] 13 S.C.R. 1037
1037 H 1038 SUPREME COURT REPORTS (2010] 13 (ADDL.) S.C.R. A Words and phrases: Expression 'at any time' - Connotation of in the context of s. 16(1) of the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971. B On 03.10.1986, the Director, Land Consolidation Department, Government of Him…
Supreme Court of India5 Jan 2010Full text
2010 INSC 8 · [2010] 1 S.C.R. 582
F s. 7 - Arbitration agreement - Declaration by father that any future disputes among his sons should be settled by an arbitrator - HELD: Cannot be considered as an arbitration agreement among the children or such of the children who G became parties to a dispute - Even if the Will provided for reference of disputes to…
Supreme Court of India19 Nov 2010Full text
2010 INSC 794 · [2010] 13 S.C.R. 868
Dismissing the appeals, the Court F HELD: 1.1 On reading Section 104 with the provisions of Section 98, sub-section (2) of Section 99 and Sections 102 and 103 of the Motor Vehicles Act, 1988, it is clear that the provisions of the new Act, which came into operation, would be applicable and govern the cases in respect o…
Supreme Court of India19 Nov 2010Full text
2010 INSC 793 · [2010] 15 S.C.R. 85
ss.2(i), 5; r.118 r.w. r.26(2) of Haryana Development and Regulation of Urban Areas Rules, 1976 - Extension fee and maintenance fee - Power of Director (Town and Country Planning) to prohibit the colonizer/owner of the land to collect the extension fee and the maintenance fee from plot/flat E holders - Held: There is n…
Supreme Court of India19 Nov 2010Full text
2010 INSC 792 · [2010] 15 S.C.R. 516
NADIRSHA SHAPURJI PATEL (D) BY LRS. v. DEPUTY 517 COLLECTOR AND LA execution court cannot go behind the decree - But if the A award of reference court or that of appellate court does not specifically refer to the question of interest on solatium or in cases where claim had n·ot been made and rejected either expressly o…
Supreme Court of India19 Nov 2010Full text
2010 INSC 790 · [2010] 13 S.C.R. 851
G.E. Vahanvati, AG, Mukul Rohtagi, S.R. Singh, Shail Kr. H Dwivedi, AAG, K.C. Kaushik, Braj Kishore Mishra, Abhishek NAHAR SINGH YADAV & ANR. v. UNION OF INDIA & 853 ORS. Tadav, Vikram, Tanushree Sinha, Prashant Bhushan, Viplav A Sharma (in-person), Chinmoy P. Sharma, T.A. Khan, A.K. Sharma, Anil Katiyar , B. Krishna P…
Supreme Court of India18 Nov 2010Full text
2010 INSC 786 · [2010] 13 S.C.R. 993
C Prevention of Food Adulteration Act, 1954: s. 17 -Vicarious liability of Directors of a Company - Held: In a complaint against a Company and its Directors, the complainant has to indicate in the complaint itself as to whether the Directors concerned were either in-charge of or responsible to the Company for its day-t…
Supreme Court of India15 Nov 2010Full text
2010 INSC 781 · [2010] 13 S.C.R. 966
[2010] 13 (ADDL.) S.C.R. 966 A ISHWAR NAGAR CO-OP.HOUSE BUILDING SOCIETY v. PARMA NANO SHARMA AND ORS. (Civil Appeal No.9671 of 2010) NOVEMBER 15, 2010 B [DR. MUKUNDAKAM SHARMA AND ANIL R. DAVE, JJ.] Delhi, Cooperative Societies Rules, 1973: c r.25(2) - Retrospective or prospective in effect - Held: r.25(2) operates in…
Supreme Court of India15 Nov 2010Full text
2010 INSC 780 · [2010] 14 S.C.R. 873
The question which arose for consideration in the instant appeal was whether the action of the respondent no.1 in prescribing different working hours for typist- 8 cum-computer clerks working in their establishment with reference to their date of appointment is contrary to the guarantee contained in .Article 14 of the …
Supreme Court of India4 Feb 2010Full text
2010 INSC 78 · [2010] 3 S.C.R. 589
589 H 590 SUPREME COURT REPORTS [2010] 3 S.C.R. A - Ranbir Penal Code - s.364 rlw s.120-8. [para 4, 5 and 7] Gurdeep Singh alias Deep vs. State (Delhi Admn.) 1999 (2) Suppl. SCR 693 = (2000) 1 SCC 498, relied on. Case Law Reference: B 1999 {2) Suppl. SCR 693 Relied on Para 4 CRIMINAL APPELLATE JURISDICTION: Criminal Ap…
Also on Law on Tips: Bare Acts · Legal news and analysis
- Executabi/ity of decree qua the main bungalow not assailed or questioned - Decree-holders entitled to retain possession of main bungalow until Union of India issues any further orders of resumption of property - Thus, High Court was right G in setting aside the execution proceedings - Cantonments -Decree - Execution …
Supreme Court of India29 Nov 2010Full text
2010 INSC 831 · [2010] 15 S.C.R. 156
- Court can, however, interfere with administrative decisions 8 when there is clear violation of the statute or a constitutional provision, or there is arbitrariness in the Wednesbury sense - It is the administrators and legislators who are entitled to frame policies and take such administrative decisions as they think…
Supreme Court of India8 Feb 2010Full text
2010 INSC 83 · [2010] 2 S.C.R. 429
1.5. There are number of material facts in the e…
Supreme Court of India26 Nov 2010Full text
2010 INSC 824 · [2010] 15 S.C.R. 673
Di!?nlissina the ,appeal, the Court v ,. ' \ . . ' ' ' . · HE'LE>:1. Tll~ order passed by the High Court 8confirm•ng the order of conviction passed by the trial court cannot be said to be bad in law. The trial court had duly considered the fact that the dying declaration was trustworthy ~nd reliable and it was supporte…
Supreme Court of India26 Nov 2010Full text
2010 INSC 821 · [2010] 13 S.C.R. 1131
- Territorial jurisdiction - Interim orders - Relief - F Administration of Justice. The petitioner presented a suit in the civil court of District Hamirpur (within the jurisdiction of Allahabad Bench of the High Court) with regard to allotment on lease, for the purposes of 'Mela', of certain land situate G in district …
Supreme Court of India25 Nov 2010Full text
2010 INSC 816 · [2010] 15 S.C.R. 131
132 SUPREME COURT REPORTS [201 O] 15 (ADDL.) S.C.R. A grant interest not granted in the decree, but, if a decree is found to be nullity, the same could be challenged and interfered with at any subsequent stage, say, at the execution stage or even in a collateral proceeding - In the instant appeals, the judgment passed …
Supreme Court of India24 Nov 2010Full text
2010 INSC 811 · [2010] 15 S.C.R. 619
620 SUPREME COURT RF.PORTS [2010] 15 (ADDL) S.C.R A tax and EM/ along with in:2rest @ 12% p.a. and costs. The complainant-p~!titioner purchased a diesel vehicle from a dealer, the second respondent and got it registered in his name. After the registration, he took the vehicle on a drive and found certain defects in the…
Supreme Court of India24 Nov 2010Full text
2010 INSC 809 · [2010] 13 S.C.R. 1076
[201 OJ 13 (ADDL.) S.C.R. 1076 A DAYA SHANKAR YADAV v. UNION OF INDIA & ORS. (Civil Appeal No. 9913 of 2010) NOVEMBER 24, 2010 B [R.V. RAVEENDRAN AND H.L. GOKHALE, JJ.] Service Law: C Central Civil Services (Temporary Service) Rules, 1965 - r. 5(1) - Termination of service - Selection and appointment of employee as con…
Supreme Court of India24 Nov 2010Full text
2010 INSC 808 · [2010] 13 S.C.R. 1072
- HELD: This was not expected of the High Court - Judicial F discipline requires that High Courts should not try to override orders passed by Supreme Court - Rent Control and Eviction. CONTEMPT OF COURT: G Contempt of Order of Supreme Court - SLP against e.:iction on the ground of reconstruction of the old premises dis…
Supreme Court of India23 Nov 2010Full text
2010 INSC 804 · [2010] 13 S.C.R. 1037
1037 H 1038 SUPREME COURT REPORTS (2010] 13 (ADDL.) S.C.R. A Words and phrases: Expression 'at any time' - Connotation of in the context of s. 16(1) of the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971. B On 03.10.1986, the Director, Land Consolidation Department, Government of Him…
Supreme Court of India5 Jan 2010Full text
2010 INSC 8 · [2010] 1 S.C.R. 582
F s. 7 - Arbitration agreement - Declaration by father that any future disputes among his sons should be settled by an arbitrator - HELD: Cannot be considered as an arbitration agreement among the children or such of the children who G became parties to a dispute - Even if the Will provided for reference of disputes to…
Supreme Court of India19 Nov 2010Full text
2010 INSC 794 · [2010] 13 S.C.R. 868
Dismissing the appeals, the Court F HELD: 1.1 On reading Section 104 with the provisions of Section 98, sub-section (2) of Section 99 and Sections 102 and 103 of the Motor Vehicles Act, 1988, it is clear that the provisions of the new Act, which came into operation, would be applicable and govern the cases in respect o…
Supreme Court of India19 Nov 2010Full text
2010 INSC 793 · [2010] 15 S.C.R. 85
ss.2(i), 5; r.118 r.w. r.26(2) of Haryana Development and Regulation of Urban Areas Rules, 1976 - Extension fee and maintenance fee - Power of Director (Town and Country Planning) to prohibit the colonizer/owner of the land to collect the extension fee and the maintenance fee from plot/flat E holders - Held: There is n…
Supreme Court of India19 Nov 2010Full text
2010 INSC 792 · [2010] 15 S.C.R. 516
NADIRSHA SHAPURJI PATEL (D) BY LRS. v. DEPUTY 517 COLLECTOR AND LA execution court cannot go behind the decree - But if the A award of reference court or that of appellate court does not specifically refer to the question of interest on solatium or in cases where claim had n·ot been made and rejected either expressly o…
Supreme Court of India19 Nov 2010Full text
2010 INSC 790 · [2010] 13 S.C.R. 851
G.E. Vahanvati, AG, Mukul Rohtagi, S.R. Singh, Shail Kr. H Dwivedi, AAG, K.C. Kaushik, Braj Kishore Mishra, Abhishek NAHAR SINGH YADAV & ANR. v. UNION OF INDIA & 853 ORS. Tadav, Vikram, Tanushree Sinha, Prashant Bhushan, Viplav A Sharma (in-person), Chinmoy P. Sharma, T.A. Khan, A.K. Sharma, Anil Katiyar , B. Krishna P…
Supreme Court of India18 Nov 2010Full text
2010 INSC 786 · [2010] 13 S.C.R. 993
C Prevention of Food Adulteration Act, 1954: s. 17 -Vicarious liability of Directors of a Company - Held: In a complaint against a Company and its Directors, the complainant has to indicate in the complaint itself as to whether the Directors concerned were either in-charge of or responsible to the Company for its day-t…
Supreme Court of India15 Nov 2010Full text
2010 INSC 781 · [2010] 13 S.C.R. 966
[2010] 13 (ADDL.) S.C.R. 966 A ISHWAR NAGAR CO-OP.HOUSE BUILDING SOCIETY v. PARMA NANO SHARMA AND ORS. (Civil Appeal No.9671 of 2010) NOVEMBER 15, 2010 B [DR. MUKUNDAKAM SHARMA AND ANIL R. DAVE, JJ.] Delhi, Cooperative Societies Rules, 1973: c r.25(2) - Retrospective or prospective in effect - Held: r.25(2) operates in…
Supreme Court of India15 Nov 2010Full text
2010 INSC 780 · [2010] 14 S.C.R. 873
The question which arose for consideration in the instant appeal was whether the action of the respondent no.1 in prescribing different working hours for typist- 8 cum-computer clerks working in their establishment with reference to their date of appointment is contrary to the guarantee contained in .Article 14 of the …
Supreme Court of India4 Feb 2010Full text
2010 INSC 78 · [2010] 3 S.C.R. 589
589 H 590 SUPREME COURT REPORTS [2010] 3 S.C.R. A - Ranbir Penal Code - s.364 rlw s.120-8. [para 4, 5 and 7] Gurdeep Singh alias Deep vs. State (Delhi Admn.) 1999 (2) Suppl. SCR 693 = (2000) 1 SCC 498, relied on. Case Law Reference: B 1999 {2) Suppl. SCR 693 Relied on Para 4 CRIMINAL APPELLATE JURISDICTION: Criminal Ap…
Also on Law on Tips: Bare Acts · Legal news and analysis