⚖
Loading…
Loading…
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.
7,361–7,380 · Page 369 of 382
Supreme Court of India28 Jan 2010Full text
2010 INSC 63 · [2010] 2 S.C.R. 109
Allowing the appeal, the Court F HELD: An order of dismissal under Section 203 Cr.P.C. is no bar to the entertainment of a second complaint on the same facts but it can be entertained only in exceptional circumstances. The exceptional circumstances may be (a) where the previous order was G passed on incomplete record (…
Supreme Court of India20 Sep 2010Full text
2010 INSC 623 · [2010] 11 S.C.R. 556
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.
7,361–7,380 · Page 369 of 382
Supreme Court of India28 Jan 2010Full text
2010 INSC 63 · [2010] 2 S.C.R. 109
Allowing the appeal, the Court F HELD: An order of dismissal under Section 203 Cr.P.C. is no bar to the entertainment of a second complaint on the same facts but it can be entertained only in exceptional circumstances. The exceptional circumstances may be (a) where the previous order was G passed on incomplete record (…
Supreme Court of India20 Sep 2010Full text
2010 INSC 623 · [2010] 11 S.C.R. 556
N.T.P.C awarded contracts to the appellant-Company for performing the work of erection of Ash Handling plant on Turnkey Basis. Certain items were sought to be imported for completion of the project. The Company was G granted Special Import License for importing 'MS' Pipes. The pipes were imported and, thereafter, sold …
Supreme Court of India16 Sep 2010Full text
2010 INSC 622 · [2010] 11 S.C.R. 968
Dismissing the appeal, the Court HELD: 1. The High Court on re-appreciation of the D evidence concurred with the finding recorded by the Sessions Judge. The concurrent finding of facts arrived at by the courts below is not interfered with. [Para 14] [985-C-D] E 2.1 The first information report was lodged within 5 to 5%…
Supreme Court of India16 Sep 2010Full text
2010 INSC 620 · [2010] 11 S.C.R. 548
- Education Department was a/so not given an opportunity of hearing by tribunal - Moreover, the selection list showed E that the unsuccessful candidate was placed at rank 10 and in the reserve list there were three more candidates placed over him- Administrative law - Opportunity of hearing. The petitioner and responde…
Supreme Court of India14 Sep 2010Full text
2010 INSC 611 · [2010] 11 S.C.R. 656
In the year 1952, the husband-'GP' executed a deed of gift. He created a life-estate in favour of his wife 'S' and G stipulated that after her death the said properties would devolve on his son-respondent no. 1, who was then a minor. 'GP' expired in 1957. 'S' executed a deed of relinquishment in respect of her share an…
Supreme Court of India14 Sep 2010Full text
2010 INSC 610 · [2010] 11 S.C.R. 486
A complaint was filed by respondent no.2 against the appellant under Sections 406, 420 465, 468, 120-B, IPC. The allegation in the complaint was that a huge area of land was sold by 'S' to different persons at different points F of time by different sale deeds. 'P', the brother of 'S' sold a portion of the land to the …
Supreme Court of India14 Sep 2010Full text
2010 INSC 609 · [2010] 11 S.C.R. 473
Consequent upon the death of the wife of the F respondent, after giving birth to their son on 23;03.2003, the child remained in the custody of his maternal grand-father, the appellant. On 7.8.2003, the appellant filed before the Court of District Judge an application uls. 7 of the Guardians and Wards Act, 18.~0. The re…
Supreme Court of India14 Sep 2010Full text
2010 INSC 608 · [2010] 13 S.C.R. 311
[2010] 13 (ADDL.) S.C.R. 311 ABDUL SAYEED A v. STATE OF MADHYA PRADESH (Criminal Appeal No. 1243 of 2007 etc.) SEPTEMBER 14, 2010 B [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] Penal Code, 1860: ss. 302134 - Prosecution for murder of two persons and c for injuries caused to others - Prompt lodging of FIR -Accused named in…
Supreme Court of India14 Sep 2010Full text
2010 INSC 607 · [2010] 12 S.C.R. 895
Answering the reference and dismissing the E appeals, the Court HELD: 1. Article 286(1 )(b) of the Constitution of India states that no law of a State shall impose, or authorize the imposition of sales tax on the sale or purchase of the goods when such sale or purchase takes place in the F course of export of goods. Ar…
Supreme Court of India13 Sep 2010Full text
2010 INSC 606 · [2010] 11 S.C.R. 648
Words and Phrases: G Expression 'relative of the husband' (as in s.498-A, /PC) - Connection of Respondent No.2 filed a complaint case against her H 648 SUNITA JHA v. STATE OF JHARKHAND 649 husband, and the appellant under Section 498A IPC. The A appellant filed an application for discharge, inter alia, on the ground th…
Supreme Court of India13 Sep 2010Full text
2010 INSC 605 · [2010] 11 S.C.R. 459
The accused-appellants (A-1, A-2 and A-4) alongwith four others were prosecuted for commission of offences punishable ulss. 148, 302 and 506(2) read with s.149 IPC. F The prosecution case was that on 29.5.1995, when PW 10, the daughter of PW 8, was returning home, A-1 attempted to outrage her modesty, but she was rescu…
Supreme Court of India10 Sep 2010Full text
2010 INSC 602 · [2010] 13 S.C.R. 8
s passed by the Portuguese Government admitting extradition of the accused amongst others for Section 120B r/w. s. 302 IPC, s. 3(2) TADA. However, the order declined extradition for G Section 25(1A) and (12B) of the Arms Act and Sections 4 and 5 of Explosive Substances Act. The Ambassad…
Supreme Court of India10 Sep 2010Full text
2010 INSC 599 · [2010] 11 S.C.R. 205
Sushi! Kumar Jain, Puneet Jain, Pratibha Jain for the Appellant. Brijender Chahar, B. Sunita Rao, Mohd. Mannan (for B.V. E Balaram Das) for the Respondents. The Judgment of the Court was delivered by DEEPAK VERMA, J. 1. Leave granted. F 2. The continual riven for seniority with regard to ad-hoc service rendered by the …
Supreme Court of India10 Sep 2010Full text
2010 INSC 597 · [2010] 11 S.C.R. 216
Precedent: Conflict between judgments - Held: C Judgment of larger bench to be followed. Relief - Held: Relief not specifically sought cannot be granted by the court The petitioner was a judicial officer. In his ACRs for o the year 1996-97 to 2001-2002, certain adverse remarks were made against him. His name was recomm…
Supreme Court of India9 Sep 2010Full text
2010 INSC 596 · [2010] 11 S.C.R. 437
Case Law Reference: (1999) s sec 215 Relied on. Para 20 (2001) 248 ITR 209 Relied on. Para 20 D CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7780-7781 of 2010. From the Judgment & Order dated 11.09.2009 of the High Court of Judicature at Bombay in Income Tax Appeal No. E 1333 of 2009. WITH C.A. Nos. 7782, 7783-7785,…
Supreme Court of India9 Sep 2010Full text
2010 INSC 595 · [2010] 11 S.C.R. 433
Anurag Kishore, Somna Dhown and Vishwajit Singh for B the Appellant. Sandeep Singh. G.V. Rao, lrshad Ahmad, Abhishek Choudhury and Manoj Kumar Dwivedi for the Respondent. The following Order of the Court was delivered c ORDER 1. This appeal is directed against the judgment and order of the High Court of Judicature at A…
Supreme Court of India9 Sep 2010Full text
2010 INSC 593 · [2010] 10 S.C.R. 1160
HELD: 1.1 As regard the factum of 'conscious possession', appellant-'DS' was found driving the car whereas appellant-'MS' was travelling with him and from the dicky of the car 65 kilograms of opium was recovered. The vehicle driven by the appellant 'OS' and occupied by E the appellant 'MS' is not a public transport veh…
Supreme Court of India25 Jan 2010Full text
2010 INSC 59 · [2010] 2 S.C.R. 68
- Clarification of - The appeal filed by the Department dealt with 34 items (and not with 12 items as mentioned in the order dated 12.11.2009) - It is clarified that 3 out of 34 items dealt with 'Scrabble'fUpward: 'Monopoly' and 'Snake and Ladder' E - Applying the judgment in Mis Pleasantime Products*, the· said three …
Supreme Court of India8 Sep 2010Full text
2010 INSC 585 · [2010] 10 S.C.R. 1113
- In the third round, application by decree holder was held to be within time and maintainable in law - It cannot be said that since the first appeal filed by judgment-debtor in the third G round was dismissed in limini, by a non-speaking order, appellate court ought to have remitted the matter to Single Judge of High …
Supreme Court of India8 Sep 2010Full text
2010 INSC 582 · [2010] 10 S.C.R. 1070
- Consumer Protection Act, 1986 - ss. 13, 22 - Penal Code, 1860 - ss.193, 228 - Code of Criminal Procedure, 1973 -s. 195 - Natural justice - Administrative law - Quasi-judicial E authority. Appeal: Separate appeals - Held: Each appeal should be heard independently - Natural justice - Right of hearing. . ·Two separate a…
Also on Law on Tips: Bare Acts · Legal news and analysis
N.T.P.C awarded contracts to the appellant-Company for performing the work of erection of Ash Handling plant on Turnkey Basis. Certain items were sought to be imported for completion of the project. The Company was G granted Special Import License for importing 'MS' Pipes. The pipes were imported and, thereafter, sold …
Supreme Court of India16 Sep 2010Full text
2010 INSC 622 · [2010] 11 S.C.R. 968
Dismissing the appeal, the Court HELD: 1. The High Court on re-appreciation of the D evidence concurred with the finding recorded by the Sessions Judge. The concurrent finding of facts arrived at by the courts below is not interfered with. [Para 14] [985-C-D] E 2.1 The first information report was lodged within 5 to 5%…
Supreme Court of India16 Sep 2010Full text
2010 INSC 620 · [2010] 11 S.C.R. 548
- Education Department was a/so not given an opportunity of hearing by tribunal - Moreover, the selection list showed E that the unsuccessful candidate was placed at rank 10 and in the reserve list there were three more candidates placed over him- Administrative law - Opportunity of hearing. The petitioner and responde…
Supreme Court of India14 Sep 2010Full text
2010 INSC 611 · [2010] 11 S.C.R. 656
In the year 1952, the husband-'GP' executed a deed of gift. He created a life-estate in favour of his wife 'S' and G stipulated that after her death the said properties would devolve on his son-respondent no. 1, who was then a minor. 'GP' expired in 1957. 'S' executed a deed of relinquishment in respect of her share an…
Supreme Court of India14 Sep 2010Full text
2010 INSC 610 · [2010] 11 S.C.R. 486
A complaint was filed by respondent no.2 against the appellant under Sections 406, 420 465, 468, 120-B, IPC. The allegation in the complaint was that a huge area of land was sold by 'S' to different persons at different points F of time by different sale deeds. 'P', the brother of 'S' sold a portion of the land to the …
Supreme Court of India14 Sep 2010Full text
2010 INSC 609 · [2010] 11 S.C.R. 473
Consequent upon the death of the wife of the F respondent, after giving birth to their son on 23;03.2003, the child remained in the custody of his maternal grand-father, the appellant. On 7.8.2003, the appellant filed before the Court of District Judge an application uls. 7 of the Guardians and Wards Act, 18.~0. The re…
Supreme Court of India14 Sep 2010Full text
2010 INSC 608 · [2010] 13 S.C.R. 311
[2010] 13 (ADDL.) S.C.R. 311 ABDUL SAYEED A v. STATE OF MADHYA PRADESH (Criminal Appeal No. 1243 of 2007 etc.) SEPTEMBER 14, 2010 B [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] Penal Code, 1860: ss. 302134 - Prosecution for murder of two persons and c for injuries caused to others - Prompt lodging of FIR -Accused named in…
Supreme Court of India14 Sep 2010Full text
2010 INSC 607 · [2010] 12 S.C.R. 895
Answering the reference and dismissing the E appeals, the Court HELD: 1. Article 286(1 )(b) of the Constitution of India states that no law of a State shall impose, or authorize the imposition of sales tax on the sale or purchase of the goods when such sale or purchase takes place in the F course of export of goods. Ar…
Supreme Court of India13 Sep 2010Full text
2010 INSC 606 · [2010] 11 S.C.R. 648
Words and Phrases: G Expression 'relative of the husband' (as in s.498-A, /PC) - Connection of Respondent No.2 filed a complaint case against her H 648 SUNITA JHA v. STATE OF JHARKHAND 649 husband, and the appellant under Section 498A IPC. The A appellant filed an application for discharge, inter alia, on the ground th…
Supreme Court of India13 Sep 2010Full text
2010 INSC 605 · [2010] 11 S.C.R. 459
The accused-appellants (A-1, A-2 and A-4) alongwith four others were prosecuted for commission of offences punishable ulss. 148, 302 and 506(2) read with s.149 IPC. F The prosecution case was that on 29.5.1995, when PW 10, the daughter of PW 8, was returning home, A-1 attempted to outrage her modesty, but she was rescu…
Supreme Court of India10 Sep 2010Full text
2010 INSC 602 · [2010] 13 S.C.R. 8
s passed by the Portuguese Government admitting extradition of the accused amongst others for Section 120B r/w. s. 302 IPC, s. 3(2) TADA. However, the order declined extradition for G Section 25(1A) and (12B) of the Arms Act and Sections 4 and 5 of Explosive Substances Act. The Ambassad…
Supreme Court of India10 Sep 2010Full text
2010 INSC 599 · [2010] 11 S.C.R. 205
Sushi! Kumar Jain, Puneet Jain, Pratibha Jain for the Appellant. Brijender Chahar, B. Sunita Rao, Mohd. Mannan (for B.V. E Balaram Das) for the Respondents. The Judgment of the Court was delivered by DEEPAK VERMA, J. 1. Leave granted. F 2. The continual riven for seniority with regard to ad-hoc service rendered by the …
Supreme Court of India10 Sep 2010Full text
2010 INSC 597 · [2010] 11 S.C.R. 216
Precedent: Conflict between judgments - Held: C Judgment of larger bench to be followed. Relief - Held: Relief not specifically sought cannot be granted by the court The petitioner was a judicial officer. In his ACRs for o the year 1996-97 to 2001-2002, certain adverse remarks were made against him. His name was recomm…
Supreme Court of India9 Sep 2010Full text
2010 INSC 596 · [2010] 11 S.C.R. 437
Case Law Reference: (1999) s sec 215 Relied on. Para 20 (2001) 248 ITR 209 Relied on. Para 20 D CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7780-7781 of 2010. From the Judgment & Order dated 11.09.2009 of the High Court of Judicature at Bombay in Income Tax Appeal No. E 1333 of 2009. WITH C.A. Nos. 7782, 7783-7785,…
Supreme Court of India9 Sep 2010Full text
2010 INSC 595 · [2010] 11 S.C.R. 433
Anurag Kishore, Somna Dhown and Vishwajit Singh for B the Appellant. Sandeep Singh. G.V. Rao, lrshad Ahmad, Abhishek Choudhury and Manoj Kumar Dwivedi for the Respondent. The following Order of the Court was delivered c ORDER 1. This appeal is directed against the judgment and order of the High Court of Judicature at A…
Supreme Court of India9 Sep 2010Full text
2010 INSC 593 · [2010] 10 S.C.R. 1160
HELD: 1.1 As regard the factum of 'conscious possession', appellant-'DS' was found driving the car whereas appellant-'MS' was travelling with him and from the dicky of the car 65 kilograms of opium was recovered. The vehicle driven by the appellant 'OS' and occupied by E the appellant 'MS' is not a public transport veh…
Supreme Court of India25 Jan 2010Full text
2010 INSC 59 · [2010] 2 S.C.R. 68
- Clarification of - The appeal filed by the Department dealt with 34 items (and not with 12 items as mentioned in the order dated 12.11.2009) - It is clarified that 3 out of 34 items dealt with 'Scrabble'fUpward: 'Monopoly' and 'Snake and Ladder' E - Applying the judgment in Mis Pleasantime Products*, the· said three …
Supreme Court of India8 Sep 2010Full text
2010 INSC 585 · [2010] 10 S.C.R. 1113
- In the third round, application by decree holder was held to be within time and maintainable in law - It cannot be said that since the first appeal filed by judgment-debtor in the third G round was dismissed in limini, by a non-speaking order, appellate court ought to have remitted the matter to Single Judge of High …
Supreme Court of India8 Sep 2010Full text
2010 INSC 582 · [2010] 10 S.C.R. 1070
- Consumer Protection Act, 1986 - ss. 13, 22 - Penal Code, 1860 - ss.193, 228 - Code of Criminal Procedure, 1973 -s. 195 - Natural justice - Administrative law - Quasi-judicial E authority. Appeal: Separate appeals - Held: Each appeal should be heard independently - Natural justice - Right of hearing. . ·Two separate a…
Also on Law on Tips: Bare Acts · Legal news and analysis