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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.
7,341–7,360 · Page 368 of 382
Supreme Court of India1 Oct 2010Full text
2010 INSC 666 · [2010] 11 S.C.R. 1139
- Tamil Nadu Revision of Tariff Rates on Supply of Electrical Energy Act, 1978 - Administrative Law - Principles of 'legitimate expectation' and 'promissory estoppel' - Estoppel E - Electricity. Tariff concessions were given for a period of first five years to new industries under Tamil Nadu Revision of Tariff Rates on…
Supreme Court of India1 Oct 2010Full 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.
7,341–7,360 · Page 368 of 382
Supreme Court of India1 Oct 2010Full text
2010 INSC 666 · [2010] 11 S.C.R. 1139
- Tamil Nadu Revision of Tariff Rates on Supply of Electrical Energy Act, 1978 - Administrative Law - Principles of 'legitimate expectation' and 'promissory estoppel' - Estoppel E - Electricity. Tariff concessions were given for a period of first five years to new industries under Tamil Nadu Revision of Tariff Rates on…
Supreme Court of India1 Oct 2010Full text
2010 INSC 665 · [2010] 11 S.C.R. 1123
The Bank sent a legal notice to the directors of the Company under the Securitization and Reconstruction of G Financial Assets and Enforcement of Security Interest Act, 2002 calling them to pay the outstanding dues along with interest due thereon. The Company approached the bank for settlement of the accounts. However,…
Supreme Court of India30 Sep 2010Full text
2010 INSC 664 · [2010] 12 S.C.R. 692
G For the academic session 2006-2007, the appellant-medical college admitted to the first year of MBBS course 19 students who had not secured 50% marks in the entrance examination. The legality of the said admissions 692H R.D. GARDI MEDICAL COLLEGE AND ANR. ETC. v. 693 STATE OF M.P. AND ORS. came up for scrutiny before…
Supreme Court of India30 Sep 2010Full text
2010 INSC 663 · [2010] 12 S.C.R. 644
646 SUPREME COURT REPORTS [2010] 12 S.C.R. A permissible under the Banking Regulation Act, 1949 and consequently the impugned Deed(s) was illegal and the assignee bank(s) was not entitled to substitution in place of ICICI Bank Ltd. (assignor). B In the instant appeal, the questions arising for consideration were:- i) W…
Supreme Court of India30 Sep 2010Full text
2010 INSC 662 · [2010] 12 S.C.R. 489
ACQUISITION Smt.Kausalya Devi Bogra and Ors. vs. Land Acquisition A Officer, Aurangabad and Anr. (1984) 2 SCC 324; Kasturi and Ors. v. State of Haryana (2003) 1 SCC 354 - relied on. 1.2 There is also other guidance available on record to determine the valuation in the form of various awards 8 with respect to acquisitio…
Supreme Court of India30 Sep 2010Full text
2010 INSC 660 · [2010] 11 S.C.R. 1107
[2010] 11 S.C.R. 1107 A.P. HOUSING BOARD A V. K. MANOHAR REDDY & ORS. (Civil Appeal Nos. 4212-4223 of 2004) SEPTEMBER 30, 2010 B [DR. MUKUNDAKAM SHARMA AND ANIL R. DAVE, JJ.] Land Acquisition Act, 1894- ss. 4, 6, 18, 54 and 23(1)(A) - Acquisition of large tract of land - Compensation - C Determination of - High Court e…
Supreme Court of India29 Jan 2010Full text
2010 INSC 66 · [2010] 2 S.C.R. 147
Allowing the appeals, the Court HELD: 1. Section 51A(1)(a) of the Designs Act, 1911 provides that at any time after registration of the design, F an application for cancellation of the registration could b~made to the 1High Court on the grounds indicated therein. Section 51A(1 )(b) makes an exception and provides that …
Supreme Court of India29 Sep 2010Full text
2010 INSC 658 · [2010] 11 S.C.R. 841
The ,appellant challenged the -appointment of respondent no.4 on_ the ground that respondent no.3 was promoted to the post of Assistanu..:aw Officer on his merit E and not becaus~ he was· a Scheduled Caste and, therefore, the appellant ought to have been promoted on the basis of Jier status as a Scheduled Caste candida…
Supreme Court of India29 Sep 2010Full text
2010 INSC 657 · [2010] 12 S.C.R. 475
ted April 17, 1997. As per the guidelines mentioned in the said cominunication, Aviation Officers were to be groomed in B stipu·lated criteria appointments and due career protection was to be given to those posted in "hi-tech" appointments like test Pilots. On the ~asis of these clear terms, the respondent had applied …
Supreme Court of India28 Sep 2010Full text
2010 INSC 655 · [2010] 11 S.C.R. 838
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 632 of 2005. G From the Judgment & Order dated 09.07.2004 of the High Court of Judicature at Madras in Crl. A. No. 573 of 2001. K. Sarada Devi for the Appellants. S. Thananjayan for the Respondent. H 838 RAJA GOUNDER & ANR. v. STATE OF TAMIL NADU 839 The following or…
Supreme Court of India28 Jan 2010Full text
2010 INSC 65 · [2010] 2 S.C.R. 95
Dismissing the appeal, the Court HELD: 1. The accused committed forcible rape on the victim, as alleged by her, and his conviction by the G High Court is quite justified being based on evidence on record. It is, therefore, confirmed. [Para 18] [108-C-D] 2.1. The submission that the findings and the 95 H 96 SUPREME COUR…
Supreme Court of India27 Sep 2010Full text
2010 INSC 648 · [2010] 11 S.C.R. 1098
H 1098 - MAHENDER SINGH v. UNION OF INDIA 1099 Dismissing the appeal, the Court A HELD: 1.1 The appellant has failed to establish his claim for freedom fighter pension in terms of the Swatantrata Sainik Samman Pension Scheme, 1980. The appellant laid his claim only on the ground that he had B remained underground for m…
Supreme Court of India27 Sep 2010Full text
2010 INSC 647 · [2010] 11 S.C.R. 1064
B Dismissing the appeal, the Court HELD: 1. In a criminal trial involving a serious offence of a brutal nature, the court should be wary of the fact that it is human instinct to react adversely to the commission of the offence and make an effort to see that C such an instinctive reaction does not prejudice the accused …
Supreme Court of India24 Sep 2010Full text
2010 INSC 646 · [2010] 11 S.C.R. 788
Respondent no. 1 Company (IEL) was engaged in the manufacture and sale of industrial explosives. They used to buy raw materials from 'FCIL'. 'FCIL' entered into a tripartite agreement with respondent no. 1 and 'BCCL'. G In terms of the agreement, 'FCIL' supplied raw materials to respondent no. 1. The same was stopped d…
Supreme Court of India24 Sep 2010Full text
2010 INSC 645 · [2010] 11 S.C.R. 784
B. V. NAGESH & ANR. v. H. V. SREENIVASA 785 MURTHY aspects have even been noticed - The appeal has been A decided in an unsatisfactory manner - The judgment in the regular first appeal shows that it falls short of considerations which are expected from the court of first appeal - Accordingly, the impugned judgment and …
Supreme Court of India23 Sep 2010Full text
2010 INSC 642 · [2010] 12 S.C.R. 358
- The writ petition filed by MCD was liable to be dismissed on the ground of delay and /aches alone - Even otherwise, exercise of power under Article 227 by th.e High Court, in the peculiar facts of this case was improper - The entire E proceedings adopted by MCD were a subterfuge to avoid the execution proceedings in …
Supreme Court of India28 Jan 2010Full text
2010 INSC 64 · [2010] 2 S.C.R. 119
According to the prosecution case, A-1, A2, A3 and A-6 engaged A-4 and A-5 on payment, for killing the deceased MB. A-4 and A-5 shot the deceased from a close range. Before the incident A-4 and A-5 were seen G in the company of A-1, A-2, A-3, A-6 and A-7. Thereafter, the PWs.3 and 4 saw the accused going away from the …
Supreme Court of India23 Sep 2010Full text
2010 INSC 638 · [2010] 11 S.C.R. 1051
[2010] 11 S.C.R. 1051 HIRABAI & ORS. A v. L.A.O. CUM ASST. COMMNR. (Civil Appeal Nos. 2042-44 of 2004) SEPTEMBER 23, 2010 B [DR. MUKUNDAKAM SHARMA AND ANIL R. DAVE, JJ.] Land Acquisition Act, 1894 - ss. 4(1) and 6 - Acquisition of sugarcane growing irrigated lands, and dry lands - Market C value - Determination of - Hi…
Supreme Court of India23 Sep 2010Full text
2010 INSC 637 · [2010] 11 S.C.R. 1040
I • JAY VEE RICE AND GENERAL MILLS v.STATE OF 1041 HARYANA AND ORS. granted exemption but· in the assessment order, it was, A held that since they had collected purchase tax on paddy -· from DFSC as part-· ., --..of: "' procurement, •, . i - . - price, they - were required to deposit the tax so collected in the governm…
Supreme Court of India22 Sep 2010Full text
2010 INSC 636 · [2010] 12 S.C.R. 96
98 SUPREME COURT REPORTS (2010] 12 S.C.R. A non-refund of 18% interest were contrary to the 1991 Scheme and the 1973 Rules and amounted to deficiency in service and unfair trade practice. The State Commission held that the Finance Secretary could not have used the power for giving directions in violation of B the Rules…
Also on Law on Tips: Bare Acts · Legal news and analysis
2010 INSC 665 · [2010] 11 S.C.R. 1123
The Bank sent a legal notice to the directors of the Company under the Securitization and Reconstruction of G Financial Assets and Enforcement of Security Interest Act, 2002 calling them to pay the outstanding dues along with interest due thereon. The Company approached the bank for settlement of the accounts. However,…
Supreme Court of India30 Sep 2010Full text
2010 INSC 664 · [2010] 12 S.C.R. 692
G For the academic session 2006-2007, the appellant-medical college admitted to the first year of MBBS course 19 students who had not secured 50% marks in the entrance examination. The legality of the said admissions 692H R.D. GARDI MEDICAL COLLEGE AND ANR. ETC. v. 693 STATE OF M.P. AND ORS. came up for scrutiny before…
Supreme Court of India30 Sep 2010Full text
2010 INSC 663 · [2010] 12 S.C.R. 644
646 SUPREME COURT REPORTS [2010] 12 S.C.R. A permissible under the Banking Regulation Act, 1949 and consequently the impugned Deed(s) was illegal and the assignee bank(s) was not entitled to substitution in place of ICICI Bank Ltd. (assignor). B In the instant appeal, the questions arising for consideration were:- i) W…
Supreme Court of India30 Sep 2010Full text
2010 INSC 662 · [2010] 12 S.C.R. 489
ACQUISITION Smt.Kausalya Devi Bogra and Ors. vs. Land Acquisition A Officer, Aurangabad and Anr. (1984) 2 SCC 324; Kasturi and Ors. v. State of Haryana (2003) 1 SCC 354 - relied on. 1.2 There is also other guidance available on record to determine the valuation in the form of various awards 8 with respect to acquisitio…
Supreme Court of India30 Sep 2010Full text
2010 INSC 660 · [2010] 11 S.C.R. 1107
[2010] 11 S.C.R. 1107 A.P. HOUSING BOARD A V. K. MANOHAR REDDY & ORS. (Civil Appeal Nos. 4212-4223 of 2004) SEPTEMBER 30, 2010 B [DR. MUKUNDAKAM SHARMA AND ANIL R. DAVE, JJ.] Land Acquisition Act, 1894- ss. 4, 6, 18, 54 and 23(1)(A) - Acquisition of large tract of land - Compensation - C Determination of - High Court e…
Supreme Court of India29 Jan 2010Full text
2010 INSC 66 · [2010] 2 S.C.R. 147
Allowing the appeals, the Court HELD: 1. Section 51A(1)(a) of the Designs Act, 1911 provides that at any time after registration of the design, F an application for cancellation of the registration could b~made to the 1High Court on the grounds indicated therein. Section 51A(1 )(b) makes an exception and provides that …
Supreme Court of India29 Sep 2010Full text
2010 INSC 658 · [2010] 11 S.C.R. 841
The ,appellant challenged the -appointment of respondent no.4 on_ the ground that respondent no.3 was promoted to the post of Assistanu..:aw Officer on his merit E and not becaus~ he was· a Scheduled Caste and, therefore, the appellant ought to have been promoted on the basis of Jier status as a Scheduled Caste candida…
Supreme Court of India29 Sep 2010Full text
2010 INSC 657 · [2010] 12 S.C.R. 475
ted April 17, 1997. As per the guidelines mentioned in the said cominunication, Aviation Officers were to be groomed in B stipu·lated criteria appointments and due career protection was to be given to those posted in "hi-tech" appointments like test Pilots. On the ~asis of these clear terms, the respondent had applied …
Supreme Court of India28 Sep 2010Full text
2010 INSC 655 · [2010] 11 S.C.R. 838
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 632 of 2005. G From the Judgment & Order dated 09.07.2004 of the High Court of Judicature at Madras in Crl. A. No. 573 of 2001. K. Sarada Devi for the Appellants. S. Thananjayan for the Respondent. H 838 RAJA GOUNDER & ANR. v. STATE OF TAMIL NADU 839 The following or…
Supreme Court of India28 Jan 2010Full text
2010 INSC 65 · [2010] 2 S.C.R. 95
Dismissing the appeal, the Court HELD: 1. The accused committed forcible rape on the victim, as alleged by her, and his conviction by the G High Court is quite justified being based on evidence on record. It is, therefore, confirmed. [Para 18] [108-C-D] 2.1. The submission that the findings and the 95 H 96 SUPREME COUR…
Supreme Court of India27 Sep 2010Full text
2010 INSC 648 · [2010] 11 S.C.R. 1098
H 1098 - MAHENDER SINGH v. UNION OF INDIA 1099 Dismissing the appeal, the Court A HELD: 1.1 The appellant has failed to establish his claim for freedom fighter pension in terms of the Swatantrata Sainik Samman Pension Scheme, 1980. The appellant laid his claim only on the ground that he had B remained underground for m…
Supreme Court of India27 Sep 2010Full text
2010 INSC 647 · [2010] 11 S.C.R. 1064
B Dismissing the appeal, the Court HELD: 1. In a criminal trial involving a serious offence of a brutal nature, the court should be wary of the fact that it is human instinct to react adversely to the commission of the offence and make an effort to see that C such an instinctive reaction does not prejudice the accused …
Supreme Court of India24 Sep 2010Full text
2010 INSC 646 · [2010] 11 S.C.R. 788
Respondent no. 1 Company (IEL) was engaged in the manufacture and sale of industrial explosives. They used to buy raw materials from 'FCIL'. 'FCIL' entered into a tripartite agreement with respondent no. 1 and 'BCCL'. G In terms of the agreement, 'FCIL' supplied raw materials to respondent no. 1. The same was stopped d…
Supreme Court of India24 Sep 2010Full text
2010 INSC 645 · [2010] 11 S.C.R. 784
B. V. NAGESH & ANR. v. H. V. SREENIVASA 785 MURTHY aspects have even been noticed - The appeal has been A decided in an unsatisfactory manner - The judgment in the regular first appeal shows that it falls short of considerations which are expected from the court of first appeal - Accordingly, the impugned judgment and …
Supreme Court of India23 Sep 2010Full text
2010 INSC 642 · [2010] 12 S.C.R. 358
- The writ petition filed by MCD was liable to be dismissed on the ground of delay and /aches alone - Even otherwise, exercise of power under Article 227 by th.e High Court, in the peculiar facts of this case was improper - The entire E proceedings adopted by MCD were a subterfuge to avoid the execution proceedings in …
Supreme Court of India28 Jan 2010Full text
2010 INSC 64 · [2010] 2 S.C.R. 119
According to the prosecution case, A-1, A2, A3 and A-6 engaged A-4 and A-5 on payment, for killing the deceased MB. A-4 and A-5 shot the deceased from a close range. Before the incident A-4 and A-5 were seen G in the company of A-1, A-2, A-3, A-6 and A-7. Thereafter, the PWs.3 and 4 saw the accused going away from the …
Supreme Court of India23 Sep 2010Full text
2010 INSC 638 · [2010] 11 S.C.R. 1051
[2010] 11 S.C.R. 1051 HIRABAI & ORS. A v. L.A.O. CUM ASST. COMMNR. (Civil Appeal Nos. 2042-44 of 2004) SEPTEMBER 23, 2010 B [DR. MUKUNDAKAM SHARMA AND ANIL R. DAVE, JJ.] Land Acquisition Act, 1894 - ss. 4(1) and 6 - Acquisition of sugarcane growing irrigated lands, and dry lands - Market C value - Determination of - Hi…
Supreme Court of India23 Sep 2010Full text
2010 INSC 637 · [2010] 11 S.C.R. 1040
I • JAY VEE RICE AND GENERAL MILLS v.STATE OF 1041 HARYANA AND ORS. granted exemption but· in the assessment order, it was, A held that since they had collected purchase tax on paddy -· from DFSC as part-· ., --..of: "' procurement, •, . i - . - price, they - were required to deposit the tax so collected in the governm…
Supreme Court of India22 Sep 2010Full text
2010 INSC 636 · [2010] 12 S.C.R. 96
98 SUPREME COURT REPORTS (2010] 12 S.C.R. A non-refund of 18% interest were contrary to the 1991 Scheme and the 1973 Rules and amounted to deficiency in service and unfair trade practice. The State Commission held that the Finance Secretary could not have used the power for giving directions in violation of B the Rules…
Also on Law on Tips: Bare Acts · Legal news and analysis