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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.
7,401–7,420 · Page 371 of 382
Supreme Court of India18 Aug 2010Full text
2010 INSC 528 · [2010] 10 S.C.R. 425
- In the totality of the circumstances, therefore, it is a fit case F where extension of time for making of the deposit by the trial court ought to be granted - Madhya Pradesh Accommodation Control Act, 1961 - Limitation. The respondent-landlord filed an eviction suit against the appellant-tenant which was dismissed. O…
Supreme Court of India18 Aug 2010Full text
2010 INSC 524 · [2010] 10 S.C.R. 362
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.
7,401–7,420 · Page 371 of 382
Supreme Court of India18 Aug 2010Full text
2010 INSC 528 · [2010] 10 S.C.R. 425
- In the totality of the circumstances, therefore, it is a fit case F where extension of time for making of the deposit by the trial court ought to be granted - Madhya Pradesh Accommodation Control Act, 1961 - Limitation. The respondent-landlord filed an eviction suit against the appellant-tenant which was dismissed. O…
Supreme Court of India18 Aug 2010Full text
2010 INSC 524 · [2010] 10 S.C.R. 362
Allowing the appeal, the Court B HELD: 1.1 The reasons assigned for denying the appellants the 'no fault compensation' as provided under section 140 of the Motor Vehicles Act, 1988 by the tribunal cannot be accepted. The tribunal was gravely in error in taking the view that a claim for compensation under C section 140 …
Supreme Court of India18 Aug 2010Full text
2010 INSC 522 · [2010] 10 S.C.R. 124
- An expert body known as Serious Fraud Investigation Office (SFIO} set up by the Union Government is already in existence - In order to make the SFIO effective, a Committee of Experts under the chairmanship of Ex-Deputy Governor of G Reserve Bank of India has also been set up, which will suggest effective measures, le…
Supreme Court of India17 Aug 2010Full text
2010 INSC 520 · [2010] 10 S.C.R. 343
Mohan Jain, ASG J.S. Attri and Brijender Chahar, SWA 343 H 344 SUPkt:ME COURT REPORTS [2010] 10 S.C.R. A Qadri, Saina Bakshi, Niraj Jha, Anil Katiyar and D.S. Mahra for the Appellant. R.S. Hegde, Chandra Prakash, Amit Wadhwa and P.P. Singh for the Respondent. B The following Order of the Court was delivered ORDER This …
Supreme Court of India16 Aug 2010Full text
2010 INSC 518 · [2010] 10 S.C.R. 88
F Respondent no. 1 was facing charges for co111mission of offences punishable u/ss. 302, 201 and 120-B IPC. He filed a petition u/s. 482 Cr.P.C. seeking re-investigation of the matter by another agency. Meanwhile, the chargesheet was filed. The High Court directed re-G examin.ation of the completed investigation by an …
Supreme Court of India16 Aug 2010Full text
2010 INSC 517 · [2010] 10 S.C.R. 77
Dismissing the appeal, the Court HELD: 1.1 The FIR was lodged promptly within a C period of 2 % hours, though, the distance between the place of occurrence and the police station was about 1 S kms. All the appellants had been named in the FIR. As per the post mortem report, 13 ante-mortem injuries were founcl on the bo…
Supreme Court of India13 Aug 2010Full text
2010 INSC 513 · [2010] 10 S.C.R. 30
Evidence Act, 1872 - s. 114 - Legitimacy of children bom 30 (H MADAN MOHAN SINGH AND ORS. v. RAJNI KANT 31 AND ANR. to live-in partners - Held: The Jaw presumes in favour of A marriage and against concubinage, when a man and woman have cohabited continuously for a number of years - However, such presumption can be rebu…
Supreme Court of India13 Aug 2010Full text
2010 INSC 511 · [2010] 9 S.C.R. 1157
The appellants-government authorities filed the G instant appeal challenging the impugned judgment on the ground that certain factual aspects placed before the High Court were not considered; and that the land in 1157 H 1158 SUPREME COURT REPORTS [2010] 9 S.C.R. A question was granted on "old grant" terms and, therefor…
Supreme Court of India13 Aug 2010Full text
2010 INSC 510 · [2010] 9 S.C.R. 1148
E The respondent-accused, alongwith another accused was tried for offences u/s 161 IPC ands. 5 (1) (d}, r/w s. 5 (2) of Prevention of Corruption Act, 194 7. The prosecution case was that the o~her accused demanded illegal gratification from the complainant for issuing him F an excise licence. The respondent-accused was…
Supreme Court of India22 Jan 2010Full text
2010 INSC 51 · [2010] 1 S.C.R. 1119
Words and phrases: Expression 'dealef'.-Meaning of -In the context of Clause 2(e) of Madhya Pradesh Schedule E Commodity Dealer (Licensing and Restriction on Hoardings) Order, 1991 and Clause 2(a) of Madhya Pradesh Essential Commodities (Exhibition of Price and Price control) Order, 1997-Discussed. Hundred bags of padd…
Supreme Court of India12 Aug 2010Full text
2010 INSC 509 · [2010] 10 S.C.R. 16
'F An agreement to sell the suit land was executed on 4.1.1988 by the owner, namely, 'KL' in favour of respondents 1 to 4, to whom the land had already been mortgaged. Since the sale deed was not executed by the stipulated date i.e. 10.6.1989, the respondents filed a suit for specific performance and pursuant to the de…
Supreme Court of India12 Aug 2010Full text
2010 INSC 507 · [2010] 9 S.C.R. 1124
In the instant appeal, it was contended for the appellant that respondent no.2 had filed an affidavit in the D Supreme Court admitting that the appellant had resigned as a director but his name was inadvertently included as one of the accused by the Investigating Officer. The appellant also placed reliance on a letter·…
Supreme Court of India12 Aug 2010Full text
2010 INSC 505 · [2010] 9 S.C.R. 1107
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1486 of 2003. G From the Judgment and order dated 07.02.2003 of the High Court of Gujarat at Ahmedabad in Criminal Miscellaneous Application No. 284 of 2003. 1107 H 1108 StJPREME COURT REPOR'TS [201 OJ 9 S.C.R. A WITH Crl. A. No. 24 of 2005 Basava Prabhu S. Patil, K…
Supreme Court of India12 Aug 2010Full text
2010 INSC 504 · [2010] 9 S.C.R. 1088
AMIT KUMAR & ANR. v. STATE OF PUNJAB 1089 meticulously examined and re-examined the entire A evidence to conclude that the two appellants are guilty of murdering the deceased by setting her on fire as she and her parents had failed to meet the wholly unlawful demands of dowry. The entire body of evidence leaves no doub…
Supreme Court of India11 Aug 2010Full text
2010 INSC 503 · [2010] 9 S.C.R. 894
Rajeev Dutta, Ajay Veer Singh, Anisha Jain, Nitin Jain, Uday Ram, Mohd. lrshad Hanif for the Appellant. Kuldip Singh for the Respondent. The following order of the Court was delivered F ORDER The facts are as under: Neelam Kumari and Anil Kumar were married on 4th December 1998 and as per the prosecution story sufficie…
Supreme Court of India20 Jan 2010Full text
2010 INSC 50 · [2010] 1 S.C.R. 801
Words and Phrases: Expression 'manufacture' - Meaning of in the context ofG s.80 IA of the Income Tax Act, 1961. Case Law Reference: 2010 (1) SCALE 425 relied on para 7 H C.l.T., MUMBAI v. EMPTEE POLY-YARN PVT LTD. 803 2007 (209) E.L.T. 163 (S.C.) held inapplicable para 9 A CIVIL APPELLATE JURISDICTION: Civil Appeal No…
Supreme Court of India11 Aug 2010Full text
2010 INSC 498 · [2010] 9 S.C.R. 822
c Clause 'W' - Jurisdiction and power of Labour Commissioner to decide on applicability and interpretation of Standing Orders - HELD: The inquiry before the Labour Commissioner is of a summary nature and while exercising such power, he cannot decide and examine factual matters0 relating to an issue as to whether the pe…
Supreme Court of India11 Aug 2010Full text
2010 INSC 497 · [2010] 9 S.C.R. 811
Allowing the appeal, the Court D HELD: 1.1 Clause (e) of sub-rule (2) of Rule 9 of the ·· U.P. Minor Minerals (Concession) Rules, 1963 stipulates that in respect of mining lease for sand exclusively found in river bed, "if other things are equal", preference shall E be given to a person or group of persons who belong t…
Supreme Court of India6 Aug 2010Full text
2010 INSC 486 · [2010] 9 S.C.R. 978
·Disposing of the appeals, the Court E HELD: 1.1. The true, effective, operative and correct interpretation of the Office Memorandum No.13(1 )-IC/~1 (dated 19.10.1994 is that, as and when vacancy arises in the cadre of Grade I Draughtsmen, after putting in F requisite minimum service as per said Notification, then and …
Supreme Court of India5 Aug 2010Full text
2010 INSC 484 · [2010] 9 S.C.R. 963
- It was without the knowledge and consent and much less F the written permission of the landlords - The High Court erred in interfering with the just and reasonable orders passed by the reviewing authority - It practically substituted the findings for that of the authorities by re-appreciating the evidence available o…
Also on Law on Tips: Bare Acts · Legal news and analysis
Allowing the appeal, the Court B HELD: 1.1 The reasons assigned for denying the appellants the 'no fault compensation' as provided under section 140 of the Motor Vehicles Act, 1988 by the tribunal cannot be accepted. The tribunal was gravely in error in taking the view that a claim for compensation under C section 140 …
Supreme Court of India18 Aug 2010Full text
2010 INSC 522 · [2010] 10 S.C.R. 124
- An expert body known as Serious Fraud Investigation Office (SFIO} set up by the Union Government is already in existence - In order to make the SFIO effective, a Committee of Experts under the chairmanship of Ex-Deputy Governor of G Reserve Bank of India has also been set up, which will suggest effective measures, le…
Supreme Court of India17 Aug 2010Full text
2010 INSC 520 · [2010] 10 S.C.R. 343
Mohan Jain, ASG J.S. Attri and Brijender Chahar, SWA 343 H 344 SUPkt:ME COURT REPORTS [2010] 10 S.C.R. A Qadri, Saina Bakshi, Niraj Jha, Anil Katiyar and D.S. Mahra for the Appellant. R.S. Hegde, Chandra Prakash, Amit Wadhwa and P.P. Singh for the Respondent. B The following Order of the Court was delivered ORDER This …
Supreme Court of India16 Aug 2010Full text
2010 INSC 518 · [2010] 10 S.C.R. 88
F Respondent no. 1 was facing charges for co111mission of offences punishable u/ss. 302, 201 and 120-B IPC. He filed a petition u/s. 482 Cr.P.C. seeking re-investigation of the matter by another agency. Meanwhile, the chargesheet was filed. The High Court directed re-G examin.ation of the completed investigation by an …
Supreme Court of India16 Aug 2010Full text
2010 INSC 517 · [2010] 10 S.C.R. 77
Dismissing the appeal, the Court HELD: 1.1 The FIR was lodged promptly within a C period of 2 % hours, though, the distance between the place of occurrence and the police station was about 1 S kms. All the appellants had been named in the FIR. As per the post mortem report, 13 ante-mortem injuries were founcl on the bo…
Supreme Court of India13 Aug 2010Full text
2010 INSC 513 · [2010] 10 S.C.R. 30
Evidence Act, 1872 - s. 114 - Legitimacy of children bom 30 (H MADAN MOHAN SINGH AND ORS. v. RAJNI KANT 31 AND ANR. to live-in partners - Held: The Jaw presumes in favour of A marriage and against concubinage, when a man and woman have cohabited continuously for a number of years - However, such presumption can be rebu…
Supreme Court of India13 Aug 2010Full text
2010 INSC 511 · [2010] 9 S.C.R. 1157
The appellants-government authorities filed the G instant appeal challenging the impugned judgment on the ground that certain factual aspects placed before the High Court were not considered; and that the land in 1157 H 1158 SUPREME COURT REPORTS [2010] 9 S.C.R. A question was granted on "old grant" terms and, therefor…
Supreme Court of India13 Aug 2010Full text
2010 INSC 510 · [2010] 9 S.C.R. 1148
E The respondent-accused, alongwith another accused was tried for offences u/s 161 IPC ands. 5 (1) (d}, r/w s. 5 (2) of Prevention of Corruption Act, 194 7. The prosecution case was that the o~her accused demanded illegal gratification from the complainant for issuing him F an excise licence. The respondent-accused was…
Supreme Court of India22 Jan 2010Full text
2010 INSC 51 · [2010] 1 S.C.R. 1119
Words and phrases: Expression 'dealef'.-Meaning of -In the context of Clause 2(e) of Madhya Pradesh Schedule E Commodity Dealer (Licensing and Restriction on Hoardings) Order, 1991 and Clause 2(a) of Madhya Pradesh Essential Commodities (Exhibition of Price and Price control) Order, 1997-Discussed. Hundred bags of padd…
Supreme Court of India12 Aug 2010Full text
2010 INSC 509 · [2010] 10 S.C.R. 16
'F An agreement to sell the suit land was executed on 4.1.1988 by the owner, namely, 'KL' in favour of respondents 1 to 4, to whom the land had already been mortgaged. Since the sale deed was not executed by the stipulated date i.e. 10.6.1989, the respondents filed a suit for specific performance and pursuant to the de…
Supreme Court of India12 Aug 2010Full text
2010 INSC 507 · [2010] 9 S.C.R. 1124
In the instant appeal, it was contended for the appellant that respondent no.2 had filed an affidavit in the D Supreme Court admitting that the appellant had resigned as a director but his name was inadvertently included as one of the accused by the Investigating Officer. The appellant also placed reliance on a letter·…
Supreme Court of India12 Aug 2010Full text
2010 INSC 505 · [2010] 9 S.C.R. 1107
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1486 of 2003. G From the Judgment and order dated 07.02.2003 of the High Court of Gujarat at Ahmedabad in Criminal Miscellaneous Application No. 284 of 2003. 1107 H 1108 StJPREME COURT REPOR'TS [201 OJ 9 S.C.R. A WITH Crl. A. No. 24 of 2005 Basava Prabhu S. Patil, K…
Supreme Court of India12 Aug 2010Full text
2010 INSC 504 · [2010] 9 S.C.R. 1088
AMIT KUMAR & ANR. v. STATE OF PUNJAB 1089 meticulously examined and re-examined the entire A evidence to conclude that the two appellants are guilty of murdering the deceased by setting her on fire as she and her parents had failed to meet the wholly unlawful demands of dowry. The entire body of evidence leaves no doub…
Supreme Court of India11 Aug 2010Full text
2010 INSC 503 · [2010] 9 S.C.R. 894
Rajeev Dutta, Ajay Veer Singh, Anisha Jain, Nitin Jain, Uday Ram, Mohd. lrshad Hanif for the Appellant. Kuldip Singh for the Respondent. The following order of the Court was delivered F ORDER The facts are as under: Neelam Kumari and Anil Kumar were married on 4th December 1998 and as per the prosecution story sufficie…
Supreme Court of India20 Jan 2010Full text
2010 INSC 50 · [2010] 1 S.C.R. 801
Words and Phrases: Expression 'manufacture' - Meaning of in the context ofG s.80 IA of the Income Tax Act, 1961. Case Law Reference: 2010 (1) SCALE 425 relied on para 7 H C.l.T., MUMBAI v. EMPTEE POLY-YARN PVT LTD. 803 2007 (209) E.L.T. 163 (S.C.) held inapplicable para 9 A CIVIL APPELLATE JURISDICTION: Civil Appeal No…
Supreme Court of India11 Aug 2010Full text
2010 INSC 498 · [2010] 9 S.C.R. 822
c Clause 'W' - Jurisdiction and power of Labour Commissioner to decide on applicability and interpretation of Standing Orders - HELD: The inquiry before the Labour Commissioner is of a summary nature and while exercising such power, he cannot decide and examine factual matters0 relating to an issue as to whether the pe…
Supreme Court of India11 Aug 2010Full text
2010 INSC 497 · [2010] 9 S.C.R. 811
Allowing the appeal, the Court D HELD: 1.1 Clause (e) of sub-rule (2) of Rule 9 of the ·· U.P. Minor Minerals (Concession) Rules, 1963 stipulates that in respect of mining lease for sand exclusively found in river bed, "if other things are equal", preference shall E be given to a person or group of persons who belong t…
Supreme Court of India6 Aug 2010Full text
2010 INSC 486 · [2010] 9 S.C.R. 978
·Disposing of the appeals, the Court E HELD: 1.1. The true, effective, operative and correct interpretation of the Office Memorandum No.13(1 )-IC/~1 (dated 19.10.1994 is that, as and when vacancy arises in the cadre of Grade I Draughtsmen, after putting in F requisite minimum service as per said Notification, then and …
Supreme Court of India5 Aug 2010Full text
2010 INSC 484 · [2010] 9 S.C.R. 963
- It was without the knowledge and consent and much less F the written permission of the landlords - The High Court erred in interfering with the just and reasonable orders passed by the reviewing authority - It practically substituted the findings for that of the authorities by re-appreciating the evidence available o…
Also on Law on Tips: Bare Acts · Legal news and analysis