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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.
7,421–7,440 · Page 372 of 382
Supreme Court of India5 Aug 2010Full text
2010 INSC 483 · [2010] 9 S.C.R. 690
CRIMINAL APPELLATE JURISDICTION: Review Petition F (Crl.} No. 352 of 2010. IN Criminal Appeal No. 960 of 2010. G Against the Order dated 03.05.2010 passed by this Hon'ble Court in Crl. A.No. 960 of 2010. Prem Prakash for the Petitioner. H 690 RAJESH RANJAN @ PAPPU YADAV v. STATE OF 691 BIHAR THR. CBI The following orde…
Supreme Court of India5 Aug 2010Full text
2010 INSC 479 · [2010] 9 S.C.R. 654
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.
7,421–7,440 · Page 372 of 382
Supreme Court of India5 Aug 2010Full text
2010 INSC 483 · [2010] 9 S.C.R. 690
CRIMINAL APPELLATE JURISDICTION: Review Petition F (Crl.} No. 352 of 2010. IN Criminal Appeal No. 960 of 2010. G Against the Order dated 03.05.2010 passed by this Hon'ble Court in Crl. A.No. 960 of 2010. Prem Prakash for the Petitioner. H 690 RAJESH RANJAN @ PAPPU YADAV v. STATE OF 691 BIHAR THR. CBI The following orde…
Supreme Court of India5 Aug 2010Full text
2010 INSC 479 · [2010] 9 S.C.R. 654
H 654 DEBASHIS DAW & ORS. v. STATE OF WEST 655 BENGAL Disposing of the appeals, the Court A HELD: 1. The conviction of the appellants is upheld but having regard to the peculiar facts and circumstances of the case, the sentence is reduced to that of the period already undergone. The appellants may be released from 8the…
Supreme Court of India4 Aug 2010Full text
2010 INSC 478 · [2010] 9 S.C.R. 647
648 SUPREME COURT REPORTS [2010] 9 S.C.R. A under Order 37 Rule 3, CPC for seeking leave to defend. In the said application, the petitioner contended that a cheque was issued on 11th October, 2000, but the date of the cheque was, thereafter, interpolated and altered from 11.10.2000 to 11.10.2006, and presented to the b…
Supreme Court of India4 Aug 2010Full text
2010 INSC 477 · [2010] 9 S.C.R. 632
Appeal against acquittal - HELD: It has repea,tedly been E held that interference by High Court in an appeal against acquittal should be minimal and only in cases where the trial court judgment is perverse or does not flow from the evidence - in the instant case, the judgment of High Court has completely ignored this b…
Supreme Court of India3 Aug 2010Full text
2010 INSC 473 · [2010] 9 S.C.R. 610
G Dr. Sushi! Balwada, Sattri Pillania, Arun K. Singh for the Appellant. Siddharth Dave, Vibha Datta Makhija, Jemtiben Ao for the Respondent. H 610 HARi SINGH v. STATE OF M. P. 611 The following order of the Court was delivered A ORDER 1. This appeal by way of special leave is directed against the concurrent findings of…
Supreme Court of India18 Jan 2010Full text
2010 INSC 47 · [2010] 1 S.C.R. 678
H 678 STATE OF UTTARANCHAL v. BALWANT SINGH 679 CHAUFAL & ORS. Precedent: A When an issue is no longer res integra, fifing of indiscriminate petitions raising the controversy repeatedly creates unnecessary strain on judicial system and leads to inordinate delay in disposal of genuine and bona fide cases B - It is the b…
Supreme Court of India3 Aug 2010Full text
2010 INSC 468 · [2010] 9 S.C.R. 526
Partly allowing the accused's appeal and dismissing E the State's appeal, the Court HELD: 1.1. Clause (1) of Section 32 of the Indian Evidence Act provides that statements made by a person as to the cause of his death, or as to any of the F circumstances of the transaction which resulted in his death, in cases in which…
Supreme Court of India3 Aug 2010Full text
2010 INSC 466 · [2010] 9 S.C.R. 476
B Words and phrases: Word 'encumbrance' and expression 'free from encumbrance' - Meaning of The Urban Land (Ceiling and Regulation) Act, 1976 C came ·into force on 17 .2.1976. On the said date, the suit land was not within the urban limits; however, it was included in the urban area residential zone w.e.f. 17.5.1976 by…
Supreme Court of India30 Jul 2010Full text
2010 INSC 462 · [2010] 9 S.C.R. 417
418 SUPREME COURT REPORTS [2010] 9 S.C.R. A Division Bench of the High Court in appeal. In the instant appeal, the appellant-Bank inter alia contended that writ petition, under Article 226 of the Constitution, was not maintainable because the plea s regarding return of the title deed, deposited as security, was a civil…
Supreme Court of India30 Jul 2010Full text
2010 INSC 461 · [2010] 9 S.C.R. 399
F Article 226 - Riots in Mumbai - Indiscriminate firing by police officials - Investigation entrusted by State Government to Special Task Force - Writ petition seeking direction for entrusting investigation of the case to independent and special agency - High Court entrusting investigation to CBI G - Propriety of - Hel…
Supreme Court of India30 Jul 2010Full text
2010 INSC 460 · [2010] 9 S.C.R. 387
Dismissing the appeal, the Court 387 H 388 SUPREME COURT REPORTS [2010] 9 S.C.R. A HELD: It is imperative to specifically aver in the complaint that the accused was in charge of and was responsible for the conduct of business of the company. Unless clear averments are specifically incorporated in the complaint, the res…
Supreme Court of India30 Jul 2010Full text
2010 INSC 459 · [2010] 9 S.C.R. 356
1.2. As far as exodus of students from appellant's college to deceased's college is concerned, the issue can G be termed inconclusive at best. The cancellation of affiliation had been done in August 2004, and new registrations would have to be accepted only in the next academic year beginning from May/June 2005. This i…
Supreme Court of India30 Jul 2010Full text
2010 INSC 458 · [2010] 9 S.C.R. 354
Mridula Ray Bharadwaj for the Petitioners. The following Order of the Court was delivered H 354 RAMGOPAL & ANR. v. STATE OF M.P. & ANR. 355 ORDER A Delay condoned. Issue notice. The petitioners herein were convicted, inter alia, under B Section 326 IPC. We understand that the parties have arrived at an amicable settlem…
Supreme Court of India30 Jul 2010Full text
2010 INSC 457 · [2010] 9 S.C.R. 278
F The respondent-SEPCO and SSVG entered into a works contract. It is alleged that SSGV misappropriated the advance money given by SEPCO. SEPCO filed a criminal complaint against SSVG u/ss. 405, 406, 418, 420, 427, 503, 504, 506/34 and 1208 of IPC before the G Magistrate, Korba. By the order dated 04.07.2009, the Magist…
Supreme Court of India29 Jul 2010Full text
2010 INSC 454 · [2010] 9 S.C.R. 227
228 SUPREME COURT REPORTS [2010] 9 S.C.R. A Division Bench of High Court set aside the appointment of the appellants. Hence the appeal. Allowing the appeals, the Court HELD: 1. In the academic matters, the courts have a B very limited role particularly when no ma/a fide has been alleged against the experts constituting…
Supreme Court of India15 Jan 2010Full text
2010 INSC 45 · [2010] 1 S.C.R. 642
Right to private defence - Guiding principles for exercise of right to private defence - Explained. G Appeal: Appeal against acquittal - Scope of interference - Held: If trial court's view is a possible or plausible view, then appellate court or High Court is not justified in interfering with it- There is presumption o…
Supreme Court of India28 Jul 2010Full text
2010 INSC 449 · [2010] 9 S.C.R. 71
All the three orders were challenged in the writ petition. High Court set aside the impugned orders holding that the documents produced were neither detailed nor their nature was explained; that there was D no discussion or analysis of the evidence presented; that absence of reason was in violation of principles of nat…
Supreme Court of India28 Jul 2010Full text
2010 INSC 444 · [2010] 9 S.C.R. 176
[2010] 9 S.C.R. 176 A M/S. SUMITOMO HEAVY INDUSTRIES LIMITED v. OIL & NATURAL GAS COMPANY (Civil Appeal No. 3185 of 2002) JULY 28, 2010 B [R.V. RAvEENDRAN AND H.L. GOKHALE, JJ.] Arbitration: International commercial contract - Works contract between respondent and contractor - Respondent C agreed to compensate contract…
Supreme Court of India28 Jul 2010Full text
2010 INSC 443 · [2010] 9 S.C.R. 133
[2010] 9 S.C.R. 133 ANAND SINGH & ANR. A v. STATE OF UTTAR PRADESH & ORS. (Civil Appeal No. 2523 of 2008) JULY 28, 2010 B [R.V. RAVEENDRAN AND R.M. LODHA, JJ.) Land Acquisition Act, 1894: ss. 17, 5A and 48(1) - Invocation of urgency clause and c dispensation of enquiry u/s. 5A - Notification for land acquisition for pu…
Supreme Court of India28 Jul 2010Full text
2010 INSC 442 · [2010] 9 S.C.R. 127
Sundravardan, S. Thananjayan for the Respondent. The following Order of the Court was delivered c ORDER Leave granted. We had issued notice only with regard to the nature of the D offence on 14th September 2009. We have heard the learned counsel for both parties. The brief facts necessary for the disposal of this appea…
Also on Law on Tips: Bare Acts · Legal news and analysis
H 654 DEBASHIS DAW & ORS. v. STATE OF WEST 655 BENGAL Disposing of the appeals, the Court A HELD: 1. The conviction of the appellants is upheld but having regard to the peculiar facts and circumstances of the case, the sentence is reduced to that of the period already undergone. The appellants may be released from 8the…
Supreme Court of India4 Aug 2010Full text
2010 INSC 478 · [2010] 9 S.C.R. 647
648 SUPREME COURT REPORTS [2010] 9 S.C.R. A under Order 37 Rule 3, CPC for seeking leave to defend. In the said application, the petitioner contended that a cheque was issued on 11th October, 2000, but the date of the cheque was, thereafter, interpolated and altered from 11.10.2000 to 11.10.2006, and presented to the b…
Supreme Court of India4 Aug 2010Full text
2010 INSC 477 · [2010] 9 S.C.R. 632
Appeal against acquittal - HELD: It has repea,tedly been E held that interference by High Court in an appeal against acquittal should be minimal and only in cases where the trial court judgment is perverse or does not flow from the evidence - in the instant case, the judgment of High Court has completely ignored this b…
Supreme Court of India3 Aug 2010Full text
2010 INSC 473 · [2010] 9 S.C.R. 610
G Dr. Sushi! Balwada, Sattri Pillania, Arun K. Singh for the Appellant. Siddharth Dave, Vibha Datta Makhija, Jemtiben Ao for the Respondent. H 610 HARi SINGH v. STATE OF M. P. 611 The following order of the Court was delivered A ORDER 1. This appeal by way of special leave is directed against the concurrent findings of…
Supreme Court of India18 Jan 2010Full text
2010 INSC 47 · [2010] 1 S.C.R. 678
H 678 STATE OF UTTARANCHAL v. BALWANT SINGH 679 CHAUFAL & ORS. Precedent: A When an issue is no longer res integra, fifing of indiscriminate petitions raising the controversy repeatedly creates unnecessary strain on judicial system and leads to inordinate delay in disposal of genuine and bona fide cases B - It is the b…
Supreme Court of India3 Aug 2010Full text
2010 INSC 468 · [2010] 9 S.C.R. 526
Partly allowing the accused's appeal and dismissing E the State's appeal, the Court HELD: 1.1. Clause (1) of Section 32 of the Indian Evidence Act provides that statements made by a person as to the cause of his death, or as to any of the F circumstances of the transaction which resulted in his death, in cases in which…
Supreme Court of India3 Aug 2010Full text
2010 INSC 466 · [2010] 9 S.C.R. 476
B Words and phrases: Word 'encumbrance' and expression 'free from encumbrance' - Meaning of The Urban Land (Ceiling and Regulation) Act, 1976 C came ·into force on 17 .2.1976. On the said date, the suit land was not within the urban limits; however, it was included in the urban area residential zone w.e.f. 17.5.1976 by…
Supreme Court of India30 Jul 2010Full text
2010 INSC 462 · [2010] 9 S.C.R. 417
418 SUPREME COURT REPORTS [2010] 9 S.C.R. A Division Bench of the High Court in appeal. In the instant appeal, the appellant-Bank inter alia contended that writ petition, under Article 226 of the Constitution, was not maintainable because the plea s regarding return of the title deed, deposited as security, was a civil…
Supreme Court of India30 Jul 2010Full text
2010 INSC 461 · [2010] 9 S.C.R. 399
F Article 226 - Riots in Mumbai - Indiscriminate firing by police officials - Investigation entrusted by State Government to Special Task Force - Writ petition seeking direction for entrusting investigation of the case to independent and special agency - High Court entrusting investigation to CBI G - Propriety of - Hel…
Supreme Court of India30 Jul 2010Full text
2010 INSC 460 · [2010] 9 S.C.R. 387
Dismissing the appeal, the Court 387 H 388 SUPREME COURT REPORTS [2010] 9 S.C.R. A HELD: It is imperative to specifically aver in the complaint that the accused was in charge of and was responsible for the conduct of business of the company. Unless clear averments are specifically incorporated in the complaint, the res…
Supreme Court of India30 Jul 2010Full text
2010 INSC 459 · [2010] 9 S.C.R. 356
1.2. As far as exodus of students from appellant's college to deceased's college is concerned, the issue can G be termed inconclusive at best. The cancellation of affiliation had been done in August 2004, and new registrations would have to be accepted only in the next academic year beginning from May/June 2005. This i…
Supreme Court of India30 Jul 2010Full text
2010 INSC 458 · [2010] 9 S.C.R. 354
Mridula Ray Bharadwaj for the Petitioners. The following Order of the Court was delivered H 354 RAMGOPAL & ANR. v. STATE OF M.P. & ANR. 355 ORDER A Delay condoned. Issue notice. The petitioners herein were convicted, inter alia, under B Section 326 IPC. We understand that the parties have arrived at an amicable settlem…
Supreme Court of India30 Jul 2010Full text
2010 INSC 457 · [2010] 9 S.C.R. 278
F The respondent-SEPCO and SSVG entered into a works contract. It is alleged that SSGV misappropriated the advance money given by SEPCO. SEPCO filed a criminal complaint against SSVG u/ss. 405, 406, 418, 420, 427, 503, 504, 506/34 and 1208 of IPC before the G Magistrate, Korba. By the order dated 04.07.2009, the Magist…
Supreme Court of India29 Jul 2010Full text
2010 INSC 454 · [2010] 9 S.C.R. 227
228 SUPREME COURT REPORTS [2010] 9 S.C.R. A Division Bench of High Court set aside the appointment of the appellants. Hence the appeal. Allowing the appeals, the Court HELD: 1. In the academic matters, the courts have a B very limited role particularly when no ma/a fide has been alleged against the experts constituting…
Supreme Court of India15 Jan 2010Full text
2010 INSC 45 · [2010] 1 S.C.R. 642
Right to private defence - Guiding principles for exercise of right to private defence - Explained. G Appeal: Appeal against acquittal - Scope of interference - Held: If trial court's view is a possible or plausible view, then appellate court or High Court is not justified in interfering with it- There is presumption o…
Supreme Court of India28 Jul 2010Full text
2010 INSC 449 · [2010] 9 S.C.R. 71
All the three orders were challenged in the writ petition. High Court set aside the impugned orders holding that the documents produced were neither detailed nor their nature was explained; that there was D no discussion or analysis of the evidence presented; that absence of reason was in violation of principles of nat…
Supreme Court of India28 Jul 2010Full text
2010 INSC 444 · [2010] 9 S.C.R. 176
[2010] 9 S.C.R. 176 A M/S. SUMITOMO HEAVY INDUSTRIES LIMITED v. OIL & NATURAL GAS COMPANY (Civil Appeal No. 3185 of 2002) JULY 28, 2010 B [R.V. RAvEENDRAN AND H.L. GOKHALE, JJ.] Arbitration: International commercial contract - Works contract between respondent and contractor - Respondent C agreed to compensate contract…
Supreme Court of India28 Jul 2010Full text
2010 INSC 443 · [2010] 9 S.C.R. 133
[2010] 9 S.C.R. 133 ANAND SINGH & ANR. A v. STATE OF UTTAR PRADESH & ORS. (Civil Appeal No. 2523 of 2008) JULY 28, 2010 B [R.V. RAVEENDRAN AND R.M. LODHA, JJ.) Land Acquisition Act, 1894: ss. 17, 5A and 48(1) - Invocation of urgency clause and c dispensation of enquiry u/s. 5A - Notification for land acquisition for pu…
Supreme Court of India28 Jul 2010Full text
2010 INSC 442 · [2010] 9 S.C.R. 127
Sundravardan, S. Thananjayan for the Respondent. The following Order of the Court was delivered c ORDER Leave granted. We had issued notice only with regard to the nature of the D offence on 14th September 2009. We have heard the learned counsel for both parties. The brief facts necessary for the disposal of this appea…
Also on Law on Tips: Bare Acts · Legal news and analysis