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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.
7,281–7,300 · Page 365 of 382
Supreme Court of India15 Nov 2010Full text
2010 INSC 779 · [2010] 13 S.C.R. 792
[2010] 13 (ADDL.) S.C.R. 792 A AMAR SINGH V. UNION OF INDIA (Writ Petition (c) No. 317 of 2010) NOVEMBER 15, 2010 B [ALTAMAS KABIR AND CYRIAC JOSEPH, JJ.) CONSTITUTION OF /NOIA, 1950 c Tenth Schedule - Paragraph 2(1) (a) - Explanation (a) - Disqualification on ground of defection - Members of Parliament - Expelled from…
Supreme Court of India15 Nov 2010Full text
2010 INSC 778 · [2010] 13 S.C.R. 784
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.
7,281–7,300 · Page 365 of 382
Supreme Court of India15 Nov 2010Full text
2010 INSC 779 · [2010] 13 S.C.R. 792
[2010] 13 (ADDL.) S.C.R. 792 A AMAR SINGH V. UNION OF INDIA (Writ Petition (c) No. 317 of 2010) NOVEMBER 15, 2010 B [ALTAMAS KABIR AND CYRIAC JOSEPH, JJ.) CONSTITUTION OF /NOIA, 1950 c Tenth Schedule - Paragraph 2(1) (a) - Explanation (a) - Disqualification on ground of defection - Members of Parliament - Expelled from…
Supreme Court of India15 Nov 2010Full text
2010 INSC 778 · [2010] 13 S.C.R. 784
ORDER 1. In this case we had issued notice to the respondents on 17.9.2010 but no counter affidavit has been filed. c 2. The petitioner before us in the present case is a widow Pushpa Vanti, whose husband was an army major who had fought in three wars (in 1948, 1962 and 1965) and was decorated with fourteen medals. How…
Supreme Court of India12 Nov 2010Full text
2010 INSC 777 · [2010] 13 S.C.R. 957
- Contention of appellant that both, the Commissioner and the Tribunal non-suited it mainly on the ground that it did not supply the details of the final product and the landed cost of the inputs supplied ·during investigation or in their reply to the show cause notice - On appeal, held: Though the appellant E did not …
Supreme Court of India12 Nov 2010Full text
2010 INSC 776 · [2010] 13 S.C.R. 776
Goolam E. Vahanvati, A.G., V.N. Koura, Aruna Mathur, Paramjeet Beripal (for Arputham, Aruna & Co.) for the8 Appellants. P. Goswami, Rajiv Mehta, Biswanath Agrawalla for the Respondent. c The Order of the Court was delivered by D.K. JAIN, J. 1. Leave granted. 2. The present appeals, by special leave, are directed agains…
Supreme Court of India12 Nov 2010Full text
2010 INSC 775 · [2010] 14 S.C.R. 184
Allowing the appeal and remitting the matter to the Tribunal for reconsideration, the Court F HELD: 1. The CESTAT while considering and deciding the issue of the limitation had overlooked the language employed in the statute. Section 11 A of the Central Excise Act empowers the central excise officer to G initiate proce…
Supreme Court of India12 Nov 2010Full text
2010 INSC 774 · [2010] 14 S.C.R. 175
G ss. 15, 16 - Order - Conviction uls. 307 /PC - Appellant, juvenile at the time of commission of offence, has attained 42 years of age - Held: In view of his age, it would not be conducive for the environment of Special Home particularly H to the interest of other juveniles housed therein, to send the SHIM @ UTTAM GHO…
Supreme Court of India12 Nov 2010Full text
2010 INSC 773 · [2010] 14 S.C.R. 647
High Court naving been dismissed, the order inter se the parties h…
Supreme Court of India11 Nov 2010Full text
2010 INSC 772 · [2010] 13 S.C.R. 753
- Adjudication was by court of competent jurisdiction, thus, award was not a nullity - Also, order appointing the arbitrator G not 1 nullity, even though it might be erroneous - Order of appointment of arbitrator had attained finality - Th11s, order passed by High Court set aside and that of trial court restored - Matt…
Supreme Court of India11 Nov 2010Full text
2010 INSC 771 · [2010] 13 S.C.R. 586
588 SUPREME COURT REPORTS (2010] 13 (ADDL.) S.C.R. A admeasuring 16' x 16' for which sale consideration of Rs. 8,000 was received. But, since the same related to a small plot of land as compared to the acquired land, the High Court made deduction from the exemplar value and on the basis thereof upheld the valuation of …
Supreme Court of India11 Nov 2010Full text
2010 INSC 768 · [2010] 15 S.C.R. 37
Ecology/Environment - Preservation of the eco-system is an immutable duty under the Constitution - A fine balance must be struck between environmental protection and F development. The instant appeal was placed in the context of the State Government's attempt to acquire the land in question as a "private forest", amids…
Supreme Court of India9 Nov 2010Full text
2010 INSC 762 · [2010] 14 S.C.R. 312
Words and phrases: Expression 'person aggrieved' -F Connotation of, in the context of s.46 and s.56 of the Trade and Merchandise Marks Act, 1958. The first respondent filed three separate applications before the High Court under Sections 46 and 56 of the G Trade and Merchandise Marks Act, 1958 praying for the removal/r…
Supreme Court of India9 Nov 2010Full text
2010 INSC 761 · [2010] 14 S.C.R. 162
On the enactment of the Kerala Private Forests (Vesting and Assignment) Act, 1971, all private forests vested in the State of Kerala. The appellant-private company owned 5 estates in the State of Kerala. An area F of 5131 hectares of land in possession of appellant's estate was, therefore, deemed to have vested in the …
Supreme Court of India8 Nov 2010Full text
2010 INSC 760 · [2010] 12 S.C.R. 989
989 H 990 SUPREME COURT REPORTS [2010] 12 S.C.R. A The Court noticed the decision of a two Judge Bench in Tej Kaur* to the effect that in the case of difference of opinion between the two Judges in a Division Bench of the High Court hearing an appeal on a question of fact, the decree of the trial court must be confirme…
Supreme Court of India29 Oct 2010Full text
2010 INSC 759 · [2010] 13 S.C.R. 483
484 SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R. A homogenious group and subjecting them to differential treatment without any rhyme or reason - Once the recognition is granted by the Regional Committee to the Institution offering a course or training in teacher education, the same shall relate back to the date of fi…
Supreme Court of India29 Oct 2010Full text
2010 INSC 757 · [2010] 13 S.C.R. 296
E EVIDENCE: Identification of vehicle - A motor cycle recovered as the vehicle used in the offence - Held: Unless tyre marks are lifted from the place of occurrence and upon its comparison F with the tyre marks of the motor cycle recovered, are found to be the same, it cannot be said that the motor cycle recovered was …
Supreme Court of India29 Oct 2010Full text
2010 INSC 754 · [2010] 12 S.C.R. 1184
Allowing the appeal, the Court HELD: 1.1. It is trite law that delay and laches is one 8of the important factors which the High Court must bear in mind while exercising discretionary power under Article 226 of the Constitution. If there is such negligence or omission on the part of the petitioner to assert his right wh…
Supreme Court of India29 Oct 2010Full text
2010 INSC 751 · [2010] 13 S.C.R. 429
Allowing the appeal, the Court D HELD: 1.1. The Personnel Manual prepared by the Steel Authority of India Ltd. in 1992, prescribed different posts in different grades. E-1 grade posts included Management Trainees, Junior Managers and Medical ·Officers. Clause 5.3.1 clearly provided that centralised E services were limi…
Supreme Court of India2 Feb 2010Full text
2010 INSC 75 · [2010] 2 S.C.R. 282
[201 OJ 2 S.C.R. 282 A ASSISTANT COMMISSIONER OF INCOME TAX AND ANR. v. M/S. HOTEL BLUE MOON (Civil Appeal No. 1198 of 2010 ) B FEBRUARY 2, 2010 [S.H. KAPADIA AND H.L. DATTU, JJ.] Income Tax Act, 1961: s.143(2) - Issuance of notice on C assessee under s. 143(2) for block assessment proceedings - Requirement of - Held: …
Supreme Court of India26 Oct 2010Full text
2010 INSC 741 · [2010] 13 S.C.R. 746
B In appeal to the Supreme Court, the appellants' contended interalia that chain of the circumstances, leading to the conclusion that the accused persons alone were guilty of the offence, was not complete; and that the evidences of the three witnesses viz. PWs 4, 6 and 8 C were not reliable. Dismissing the appeal, the …
Supreme Court of India26 Oct 2010Full text
2010 INSC 740 · [2010] 14 S.C.R. 643
T. Anamika, D. RamaKrishna Reddy (for Asha Gopalan Nair) for the Appellant. I. Venkatanarayana, Ramesh Allanki (for.O. Mahesh Babu) c for the Respondent. The order of the Court was delivered by HARJIT SINGH BEOI, J. 1. This appeal, by way of special leave, arises out of the following facts : D The deceased, Bhavani by …
Also on Law on Tips: Bare Acts · Legal news and analysis
ORDER 1. In this case we had issued notice to the respondents on 17.9.2010 but no counter affidavit has been filed. c 2. The petitioner before us in the present case is a widow Pushpa Vanti, whose husband was an army major who had fought in three wars (in 1948, 1962 and 1965) and was decorated with fourteen medals. How…
Supreme Court of India12 Nov 2010Full text
2010 INSC 777 · [2010] 13 S.C.R. 957
- Contention of appellant that both, the Commissioner and the Tribunal non-suited it mainly on the ground that it did not supply the details of the final product and the landed cost of the inputs supplied ·during investigation or in their reply to the show cause notice - On appeal, held: Though the appellant E did not …
Supreme Court of India12 Nov 2010Full text
2010 INSC 776 · [2010] 13 S.C.R. 776
Goolam E. Vahanvati, A.G., V.N. Koura, Aruna Mathur, Paramjeet Beripal (for Arputham, Aruna & Co.) for the8 Appellants. P. Goswami, Rajiv Mehta, Biswanath Agrawalla for the Respondent. c The Order of the Court was delivered by D.K. JAIN, J. 1. Leave granted. 2. The present appeals, by special leave, are directed agains…
Supreme Court of India12 Nov 2010Full text
2010 INSC 775 · [2010] 14 S.C.R. 184
Allowing the appeal and remitting the matter to the Tribunal for reconsideration, the Court F HELD: 1. The CESTAT while considering and deciding the issue of the limitation had overlooked the language employed in the statute. Section 11 A of the Central Excise Act empowers the central excise officer to G initiate proce…
Supreme Court of India12 Nov 2010Full text
2010 INSC 774 · [2010] 14 S.C.R. 175
G ss. 15, 16 - Order - Conviction uls. 307 /PC - Appellant, juvenile at the time of commission of offence, has attained 42 years of age - Held: In view of his age, it would not be conducive for the environment of Special Home particularly H to the interest of other juveniles housed therein, to send the SHIM @ UTTAM GHO…
Supreme Court of India12 Nov 2010Full text
2010 INSC 773 · [2010] 14 S.C.R. 647
High Court naving been dismissed, the order inter se the parties h…
Supreme Court of India11 Nov 2010Full text
2010 INSC 772 · [2010] 13 S.C.R. 753
- Adjudication was by court of competent jurisdiction, thus, award was not a nullity - Also, order appointing the arbitrator G not 1 nullity, even though it might be erroneous - Order of appointment of arbitrator had attained finality - Th11s, order passed by High Court set aside and that of trial court restored - Matt…
Supreme Court of India11 Nov 2010Full text
2010 INSC 771 · [2010] 13 S.C.R. 586
588 SUPREME COURT REPORTS (2010] 13 (ADDL.) S.C.R. A admeasuring 16' x 16' for which sale consideration of Rs. 8,000 was received. But, since the same related to a small plot of land as compared to the acquired land, the High Court made deduction from the exemplar value and on the basis thereof upheld the valuation of …
Supreme Court of India11 Nov 2010Full text
2010 INSC 768 · [2010] 15 S.C.R. 37
Ecology/Environment - Preservation of the eco-system is an immutable duty under the Constitution - A fine balance must be struck between environmental protection and F development. The instant appeal was placed in the context of the State Government's attempt to acquire the land in question as a "private forest", amids…
Supreme Court of India9 Nov 2010Full text
2010 INSC 762 · [2010] 14 S.C.R. 312
Words and phrases: Expression 'person aggrieved' -F Connotation of, in the context of s.46 and s.56 of the Trade and Merchandise Marks Act, 1958. The first respondent filed three separate applications before the High Court under Sections 46 and 56 of the G Trade and Merchandise Marks Act, 1958 praying for the removal/r…
Supreme Court of India9 Nov 2010Full text
2010 INSC 761 · [2010] 14 S.C.R. 162
On the enactment of the Kerala Private Forests (Vesting and Assignment) Act, 1971, all private forests vested in the State of Kerala. The appellant-private company owned 5 estates in the State of Kerala. An area F of 5131 hectares of land in possession of appellant's estate was, therefore, deemed to have vested in the …
Supreme Court of India8 Nov 2010Full text
2010 INSC 760 · [2010] 12 S.C.R. 989
989 H 990 SUPREME COURT REPORTS [2010] 12 S.C.R. A The Court noticed the decision of a two Judge Bench in Tej Kaur* to the effect that in the case of difference of opinion between the two Judges in a Division Bench of the High Court hearing an appeal on a question of fact, the decree of the trial court must be confirme…
Supreme Court of India29 Oct 2010Full text
2010 INSC 759 · [2010] 13 S.C.R. 483
484 SUPREME COURT REPORTS [2010] 13 (ADDL.) S.C.R. A homogenious group and subjecting them to differential treatment without any rhyme or reason - Once the recognition is granted by the Regional Committee to the Institution offering a course or training in teacher education, the same shall relate back to the date of fi…
Supreme Court of India29 Oct 2010Full text
2010 INSC 757 · [2010] 13 S.C.R. 296
E EVIDENCE: Identification of vehicle - A motor cycle recovered as the vehicle used in the offence - Held: Unless tyre marks are lifted from the place of occurrence and upon its comparison F with the tyre marks of the motor cycle recovered, are found to be the same, it cannot be said that the motor cycle recovered was …
Supreme Court of India29 Oct 2010Full text
2010 INSC 754 · [2010] 12 S.C.R. 1184
Allowing the appeal, the Court HELD: 1.1. It is trite law that delay and laches is one 8of the important factors which the High Court must bear in mind while exercising discretionary power under Article 226 of the Constitution. If there is such negligence or omission on the part of the petitioner to assert his right wh…
Supreme Court of India29 Oct 2010Full text
2010 INSC 751 · [2010] 13 S.C.R. 429
Allowing the appeal, the Court D HELD: 1.1. The Personnel Manual prepared by the Steel Authority of India Ltd. in 1992, prescribed different posts in different grades. E-1 grade posts included Management Trainees, Junior Managers and Medical ·Officers. Clause 5.3.1 clearly provided that centralised E services were limi…
Supreme Court of India2 Feb 2010Full text
2010 INSC 75 · [2010] 2 S.C.R. 282
[201 OJ 2 S.C.R. 282 A ASSISTANT COMMISSIONER OF INCOME TAX AND ANR. v. M/S. HOTEL BLUE MOON (Civil Appeal No. 1198 of 2010 ) B FEBRUARY 2, 2010 [S.H. KAPADIA AND H.L. DATTU, JJ.] Income Tax Act, 1961: s.143(2) - Issuance of notice on C assessee under s. 143(2) for block assessment proceedings - Requirement of - Held: …
Supreme Court of India26 Oct 2010Full text
2010 INSC 741 · [2010] 13 S.C.R. 746
B In appeal to the Supreme Court, the appellants' contended interalia that chain of the circumstances, leading to the conclusion that the accused persons alone were guilty of the offence, was not complete; and that the evidences of the three witnesses viz. PWs 4, 6 and 8 C were not reliable. Dismissing the appeal, the …
Supreme Court of India26 Oct 2010Full text
2010 INSC 740 · [2010] 14 S.C.R. 643
T. Anamika, D. RamaKrishna Reddy (for Asha Gopalan Nair) for the Appellant. I. Venkatanarayana, Ramesh Allanki (for.O. Mahesh Babu) c for the Respondent. The order of the Court was delivered by HARJIT SINGH BEOI, J. 1. This appeal, by way of special leave, arises out of the following facts : D The deceased, Bhavani by …
Also on Law on Tips: Bare Acts · Legal news and analysis