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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.
721–740 · Page 37 of 382
Supreme Court of India7 Mar 2019Full text
2019 INSC 329 · [2019] 2 S.C.R. 921
– Held: While considering the case of discharge, sought immediately after the charge-sheet is filed, the Court cannot become an Appellate Court and start appreciating the evidence by finding out inconsistency in the statements of the witnesses as was done by the High Court in the impugned order – There is no prima faci…
Supreme Court of India7 Mar 2019Full 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.
721–740 · Page 37 of 382
Supreme Court of India7 Mar 2019Full text
2019 INSC 329 · [2019] 2 S.C.R. 921
– Held: While considering the case of discharge, sought immediately after the charge-sheet is filed, the Court cannot become an Appellate Court and start appreciating the evidence by finding out inconsistency in the statements of the witnesses as was done by the High Court in the impugned order – There is no prima faci…
Supreme Court of India7 Mar 2019Full text
2019 INSC 328 · [2019] 5 S.C.R. 210
mortality rates – Mortality rates increase with age – Hence, when an insurer initially collects premium from individuals of a younger age, the amount it collects is higher than the amount it pays out towards claims – Difference between them is the ‘reserve’ – Thus if a policy holder wishes to discontinue a policy befor…
Supreme Court of India7 Mar 2019Full text
2019 INSC 327 · [2019] 4 S.C.R. 660
the Sessions Judge and…
Supreme Court of India8 Jan 2019Full text
2019 INSC 32 · [2019] 2 S.C.R. 317
regularization be considered in other places where Group ‘D’ posts are available – Propriety of – Held: Direction to consider the casual workers for regularization in other establishments was not justified – Original order passed by the Tribunal did not contain mandamus for regularization – Order mandated that seniorit…
Supreme Court of India6 Mar 2019Full text
2019 INSC 319 · [2019] 4 S.C.R. 183
afresh on the basis of the pleadings on the record. Disposing of the appeals, the Court HELD: 1. The appellant claims ad hoc appointment on the post of Lecturer, Military Science in a Post Graduate College Affiliated to the Gorakhpur University. The submission of F appellant is that paragraphs of the counter-affidavit …
Supreme Court of India6 Mar 2019Full text
2019 INSC 318 · [2019] 4 S.C.R. 648
650 SUPREME COURT REPORTS [2019] 4 S.C.R. A relating to the subject matter of the suit so that the dispute may be determined in their presence and the multiplicity of proceedings could be avoided. [Paras 7-9] [656-F-H; 657-A, D, G, E] 1.3 As per Rule 1-A ibid., in the eventuality of plaintiff B withdrawing the suit or …
Supreme Court of India5 Mar 2019Full text
2019 INSC 317 · [2019] 3 S.C.R. 1088
1088 SUPREME[2019]COURT3 S.C.R.REPORTS1088 [2019] 3 S.C.R. A M.R. KRISHNA MURTHI v. THE NEW INDIA ASSURANCE CO. LTD. & OTHERS (Civil Appeal Nos. 2476-2477 of 2019) B MARCH 05, 2019 [A. K. SIKRI AND S. ABDUL NAZEER, JJ.] Motor Vehicles Act, 1988: Motor accident – Compensation – Assessment of – C Determination of loss of…
Supreme Court of India5 Mar 2019Full text
2019 INSC 316 · [2019] 5 S.C.R. 279
11.08.2000 in the High Court – High Court modified order of the Settlement Commission dated 11.08.2000 by reversing the waiver of interest in terms of Settlement Commission’s directions contained in its order dated 11.10.2002 – On appeal, held: The approach of the High Court was without jurisdiction – The High Court fa…
Supreme Court of India5 Mar 2019Full text
2019 INSC 315 · [2019] 4 S.C.R. 995
National Green Tribunal Act, 2010 – s.22 – Appellants sought F a factual review through the methodology of re-appreciation of factual matrix by Supreme Court u/s.22 of the NGT Act – Held: It is settled that merely because the remedy of appeal is provided against the decision of the Tribunal on a substantial question of…
Supreme Court of India5 Mar 2019Full text
2019 INSC 314 · [2019] 4 S.C.R. 163
[2019] 4 S.C.R. 163 163 PRINCIPAL COMMISSIONER OF INCOME A TAX (CENTRAL) - I v. NRA IRON & STEEL PVT. LTD. (Civil Appeal No. 2463 of 2019) B MARCH 05, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Income Tax Act, 1961 – s.68 – Cash credits – Money received through Share Capital/Premium from various companies – Assessi…
Supreme Court of India5 Mar 2019Full text
2019 INSC 312 · [2019] 4 S.C.R. 945
Public Services Reservation for Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes Act, 2001 [Act VIII of 2004] – ss. 3-6, 11 - Directorate of Town Planning and Valuation (Recruitment) Rules, 2011 - r-3 - Consitution of India - Art…
Supreme Court of India5 Mar 2019Full text
2019 INSC 311 · [2019] 2 S.C.R. 887
887 888 SUPREME COURT REPORTS [2019] 2 S.C.R. A upheld by dismissing the SLP on behalf of accused no. 1. Thus, there is no reason to take a different view to one taken by the High Court that accused were liable for conviction u/s. 302. [Para 13, 14][894-F-G; 895-D] 1.2 The appellant submitted that there could be no con…
Supreme Court of India5 Mar 2019Full text
2019 INSC 310 · [2019] 2 S.C.R. 905
– High Court rightly set aside the resolution dated 2.1.2012 – E However, in view of the fact that closure of school of the appellant will put the students of the school to great prejudice, the school is permitted to continue till academic session 2019-2020 – State is directed to invite proposals in terms of directions…
Supreme Court of India8 Jan 2019Full text
2019 INSC 31 · [2019] 2 S.C.R. 289
[2019] 2 S.C.R. 289 289 PUNJAB STATE POWER CORPORATION LIMITED A v. RAJESH KUMAR JINDAL & OTHERS (Civil Appeal Nos.195-198 of 2019) JANUARY 08, 2019 B [R. BANUMATHI AND INDIRA BANERJEE, JJ.] Service Law: Pay scale – Parity of – Posts of Head Clerks and the Internal Auditors in State Electricity Board – Internal Auditor…
Supreme Court of India5 Mar 2019Full text
2019 INSC 309 · [2019] 4 S.C.R. 145
the Control Order, 1966 – Therefore, at the time when the additional purchase price is determined/fixed under Clause 5A, the accounts are settled and the particulars are provided by the concerned cooperative society what will be the expenditure; what can be the profit etc. – So far as the Statutory Minimum Price (SMP) …
Supreme Court of India5 Mar 2019Full text
2019 INSC 308 · [2019] 2 S.C.R. 844
(3) SCC 745 : [1993] 3 SCR 390; Sujit Biswas v. State of Assam (2013) 12 SCC 406 : [ 2013] 3 SCR 830 – G relied on. 2. It is also well-settled principle that in criminal cases, if two views are possible on evidence adduced in the case, one binding to the guilt of the accused and the other is to his H 846 SUPREME COURT …
Supreme Court of India5 Mar 2019Full text
2019 INSC 307 · [2019] 2 S.C.R. 864
ss. 482 and 320 – Power u/s. 482 to quash the criminal proceedings for the non-compoundable offences u/s. 320, where parties have settled the matter between themselves – Exercise of – F Guiding principles – Elucidated. Allowing the appeals, the Court HELD: 1.1 The High Court quashed the FIR holding that there is no cha…
Supreme Court of India5 Mar 2019Full text
2019 INSC 306 · [2019] 3 S.C.R. 446
446 SUPREME COURT[2019] REPORTS3 S.C.R. 446 [2019] 3 S.C.R. A KHUSHWINDER SINGH v. STATE OF PUNJAB (Criminal Appeal Nos.1433-1434 of 2014) B MARCH 05, 2019 [A.K. SIKRI, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Penal Code, 1860: ss. 364, 302, 307 and 380 – Prosecution under – Murder of C 6 persons – By kidnapping them and d…
Supreme Court of India5 Mar 2019Full text
2019 INSC 305 · [2019] 4 S.C.R. 709
[2019] 4 S.C.R. 709 709 ANKUSH MARUTI SHINDE AND OTHERS A v. STATE OF MAHARASHTRA (Criminal Appeal Nos. 1008-1009 of 2007) MARCH 05, 2019 B [A. K. SIKRI, S. ABDUL NAZEER AND M.R. SHAH, JJ.] Penal Code, 1860: ss. 395, 302 read with 34, ss. 376 (2)(g), 307 read with s. 34, ss. 396, 397 and 398 – Dacoity with murder and r…
Supreme Court of India1 Mar 2019Full text
2019 INSC 304 · [2019] 4 S.C.R. 128
Allowing the appeal, the Court F HELD: 1. The plaint is not properly drafted in as much as in the memo of parties, the Plaintiff is described as ‘VP’ through Director of SG Pvt. Ltd. though it should have been SG Pvt. Ltd. through its Director ‘VP’. Thus, it is a case of mistake of the counsel, may be on account of lac…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 328 · [2019] 5 S.C.R. 210
mortality rates – Mortality rates increase with age – Hence, when an insurer initially collects premium from individuals of a younger age, the amount it collects is higher than the amount it pays out towards claims – Difference between them is the ‘reserve’ – Thus if a policy holder wishes to discontinue a policy befor…
Supreme Court of India7 Mar 2019Full text
2019 INSC 327 · [2019] 4 S.C.R. 660
the Sessions Judge and…
Supreme Court of India8 Jan 2019Full text
2019 INSC 32 · [2019] 2 S.C.R. 317
regularization be considered in other places where Group ‘D’ posts are available – Propriety of – Held: Direction to consider the casual workers for regularization in other establishments was not justified – Original order passed by the Tribunal did not contain mandamus for regularization – Order mandated that seniorit…
Supreme Court of India6 Mar 2019Full text
2019 INSC 319 · [2019] 4 S.C.R. 183
afresh on the basis of the pleadings on the record. Disposing of the appeals, the Court HELD: 1. The appellant claims ad hoc appointment on the post of Lecturer, Military Science in a Post Graduate College Affiliated to the Gorakhpur University. The submission of F appellant is that paragraphs of the counter-affidavit …
Supreme Court of India6 Mar 2019Full text
2019 INSC 318 · [2019] 4 S.C.R. 648
650 SUPREME COURT REPORTS [2019] 4 S.C.R. A relating to the subject matter of the suit so that the dispute may be determined in their presence and the multiplicity of proceedings could be avoided. [Paras 7-9] [656-F-H; 657-A, D, G, E] 1.3 As per Rule 1-A ibid., in the eventuality of plaintiff B withdrawing the suit or …
Supreme Court of India5 Mar 2019Full text
2019 INSC 317 · [2019] 3 S.C.R. 1088
1088 SUPREME[2019]COURT3 S.C.R.REPORTS1088 [2019] 3 S.C.R. A M.R. KRISHNA MURTHI v. THE NEW INDIA ASSURANCE CO. LTD. & OTHERS (Civil Appeal Nos. 2476-2477 of 2019) B MARCH 05, 2019 [A. K. SIKRI AND S. ABDUL NAZEER, JJ.] Motor Vehicles Act, 1988: Motor accident – Compensation – Assessment of – C Determination of loss of…
Supreme Court of India5 Mar 2019Full text
2019 INSC 316 · [2019] 5 S.C.R. 279
11.08.2000 in the High Court – High Court modified order of the Settlement Commission dated 11.08.2000 by reversing the waiver of interest in terms of Settlement Commission’s directions contained in its order dated 11.10.2002 – On appeal, held: The approach of the High Court was without jurisdiction – The High Court fa…
Supreme Court of India5 Mar 2019Full text
2019 INSC 315 · [2019] 4 S.C.R. 995
National Green Tribunal Act, 2010 – s.22 – Appellants sought F a factual review through the methodology of re-appreciation of factual matrix by Supreme Court u/s.22 of the NGT Act – Held: It is settled that merely because the remedy of appeal is provided against the decision of the Tribunal on a substantial question of…
Supreme Court of India5 Mar 2019Full text
2019 INSC 314 · [2019] 4 S.C.R. 163
[2019] 4 S.C.R. 163 163 PRINCIPAL COMMISSIONER OF INCOME A TAX (CENTRAL) - I v. NRA IRON & STEEL PVT. LTD. (Civil Appeal No. 2463 of 2019) B MARCH 05, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Income Tax Act, 1961 – s.68 – Cash credits – Money received through Share Capital/Premium from various companies – Assessi…
Supreme Court of India5 Mar 2019Full text
2019 INSC 312 · [2019] 4 S.C.R. 945
Public Services Reservation for Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes Act, 2001 [Act VIII of 2004] – ss. 3-6, 11 - Directorate of Town Planning and Valuation (Recruitment) Rules, 2011 - r-3 - Consitution of India - Art…
Supreme Court of India5 Mar 2019Full text
2019 INSC 311 · [2019] 2 S.C.R. 887
887 888 SUPREME COURT REPORTS [2019] 2 S.C.R. A upheld by dismissing the SLP on behalf of accused no. 1. Thus, there is no reason to take a different view to one taken by the High Court that accused were liable for conviction u/s. 302. [Para 13, 14][894-F-G; 895-D] 1.2 The appellant submitted that there could be no con…
Supreme Court of India5 Mar 2019Full text
2019 INSC 310 · [2019] 2 S.C.R. 905
– High Court rightly set aside the resolution dated 2.1.2012 – E However, in view of the fact that closure of school of the appellant will put the students of the school to great prejudice, the school is permitted to continue till academic session 2019-2020 – State is directed to invite proposals in terms of directions…
Supreme Court of India8 Jan 2019Full text
2019 INSC 31 · [2019] 2 S.C.R. 289
[2019] 2 S.C.R. 289 289 PUNJAB STATE POWER CORPORATION LIMITED A v. RAJESH KUMAR JINDAL & OTHERS (Civil Appeal Nos.195-198 of 2019) JANUARY 08, 2019 B [R. BANUMATHI AND INDIRA BANERJEE, JJ.] Service Law: Pay scale – Parity of – Posts of Head Clerks and the Internal Auditors in State Electricity Board – Internal Auditor…
Supreme Court of India5 Mar 2019Full text
2019 INSC 309 · [2019] 4 S.C.R. 145
the Control Order, 1966 – Therefore, at the time when the additional purchase price is determined/fixed under Clause 5A, the accounts are settled and the particulars are provided by the concerned cooperative society what will be the expenditure; what can be the profit etc. – So far as the Statutory Minimum Price (SMP) …
Supreme Court of India5 Mar 2019Full text
2019 INSC 308 · [2019] 2 S.C.R. 844
(3) SCC 745 : [1993] 3 SCR 390; Sujit Biswas v. State of Assam (2013) 12 SCC 406 : [ 2013] 3 SCR 830 – G relied on. 2. It is also well-settled principle that in criminal cases, if two views are possible on evidence adduced in the case, one binding to the guilt of the accused and the other is to his H 846 SUPREME COURT …
Supreme Court of India5 Mar 2019Full text
2019 INSC 307 · [2019] 2 S.C.R. 864
ss. 482 and 320 – Power u/s. 482 to quash the criminal proceedings for the non-compoundable offences u/s. 320, where parties have settled the matter between themselves – Exercise of – F Guiding principles – Elucidated. Allowing the appeals, the Court HELD: 1.1 The High Court quashed the FIR holding that there is no cha…
Supreme Court of India5 Mar 2019Full text
2019 INSC 306 · [2019] 3 S.C.R. 446
446 SUPREME COURT[2019] REPORTS3 S.C.R. 446 [2019] 3 S.C.R. A KHUSHWINDER SINGH v. STATE OF PUNJAB (Criminal Appeal Nos.1433-1434 of 2014) B MARCH 05, 2019 [A.K. SIKRI, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Penal Code, 1860: ss. 364, 302, 307 and 380 – Prosecution under – Murder of C 6 persons – By kidnapping them and d…
Supreme Court of India5 Mar 2019Full text
2019 INSC 305 · [2019] 4 S.C.R. 709
[2019] 4 S.C.R. 709 709 ANKUSH MARUTI SHINDE AND OTHERS A v. STATE OF MAHARASHTRA (Criminal Appeal Nos. 1008-1009 of 2007) MARCH 05, 2019 B [A. K. SIKRI, S. ABDUL NAZEER AND M.R. SHAH, JJ.] Penal Code, 1860: ss. 395, 302 read with 34, ss. 376 (2)(g), 307 read with s. 34, ss. 396, 397 and 398 – Dacoity with murder and r…
Supreme Court of India1 Mar 2019Full text
2019 INSC 304 · [2019] 4 S.C.R. 128
Allowing the appeal, the Court F HELD: 1. The plaint is not properly drafted in as much as in the memo of parties, the Plaintiff is described as ‘VP’ through Director of SG Pvt. Ltd. though it should have been SG Pvt. Ltd. through its Director ‘VP’. Thus, it is a case of mistake of the counsel, may be on account of lac…
Also on Law on Tips: Bare Acts · Legal news and analysis