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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.
7,441–7,460 · Page 373 of 382
Supreme Court of India15 Jan 2010Full text
2010 INSC 44 · [2010] 1 S.C.R. 1099
1099 H 1100 SUPREME COURT REPORTS [2010] 1 S.C.R. A Constitution of India, 1950 - Article 14 - Guarantee of equality before law enshrined in the Article is a positive concept - It cannot be enforced in a negative manner. Interpretation of Statutes - Courts cannot read anything into a statutory provision which is plain …
Supreme Court of India28 Jul 2010Full text
2010 INSC 439 · [2010] 9 S.C.R. 102
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.
7,441–7,460 · Page 373 of 382
Supreme Court of India15 Jan 2010Full text
2010 INSC 44 · [2010] 1 S.C.R. 1099
1099 H 1100 SUPREME COURT REPORTS [2010] 1 S.C.R. A Constitution of India, 1950 - Article 14 - Guarantee of equality before law enshrined in the Article is a positive concept - It cannot be enforced in a negative manner. Interpretation of Statutes - Courts cannot read anything into a statutory provision which is plain …
Supreme Court of India28 Jul 2010Full text
2010 INSC 439 · [2010] 9 S.C.R. 102
E Respondent No. 1 filed a complaint before State Human Rights Commission against the petitioner and respondent Nos. 3 to 5 (the police officials). She alleged that when her son had gone to the stall of 'A' a merchant, he was assaulted and injured by him. When he took her F son to the police station, she was asked to w…
Supreme Court of India27 Jul 2010Full text
2010 INSC 433 · [2010] 8 S.C.R. 1104
The appellants filed an application under Order IX r. 13 CPC for setting aside the decree. It was submitted that since there was an understanding between the parties G that respondent no. 1 would withdraw the suit, the appellants did not attend the further proceedings. The trial court dismissed the application as being…
Supreme Court of India26 Jul 2010Full text
2010 INSC 431 · [2010] 8 S.C.R. 1053
s. 89 - Consent of the parties for reference to ADR F processes - Held. For referring matter to arbitration or to conciliation, consent of all the parties to the suit is required -Lok Ada/at, Mediation and Judicial Settlement do not require consent of the parties. Alternative disputes resolution (ADR) processes: G Whet…
Supreme Court of India26 Jul 2010Full text
2010 INSC 430 · [2010] 8 S.C.R. 1036
Criminal law: Motive - Held: Becomes totally irrelevant F when there is direct evidence of a trustworthy witness regarding commission of the crime - Penal Code, 1860 - ss.302 and 323. The prosecution case was that PW-1 lodged an G Ejahar stating that his father (appellant) came to their house on the fateful night and a…
Supreme Court of India14 Jan 2010Full text
2010 INSC 43 · [2010] 9 S.C.R. 897
897 H 898 SUPREME COURT REPORTS [2010] 9 S.C.R. A Willie (Wiliam) Slaney vs. State of M. P. (1955) SCR 1140 =1956 AIR 116 - distinguished. Ca~e- Law Reference: 2001 sec (Crl.) 149 relied on para 4B (1955) SCR 1140 distinguished para 5 2004(5) sec 334 referred to. Para 5 / 2006 (2) sec 450 referred to para 5 c 2003 (4) …
Supreme Court of India26 Jul 2010Full text
2010 INSC 429 · [2010] 8 S.C.R. 1025
[2010] 8 S.C.R. 1025 STATE OF HIMACHAL PRADESH & ANR. A v. MIS. HIMACHAL TECHNO ENGINE=Rs & ANR. (Civil Appeal No. 5998 of 2010) JULY 26, 2010 B [R.V. RAVEENDRAN AND GYAN SUDHA MISRA, JJ.) Arbitrations and Conciliation Act, 1996 - s. 34 -Arbitration Award - Challenge to - Petition u/s. 34 along with the application for…
Supreme Court of India23 Jul 2010Full text
2010 INSC 426 · [2010] 8 S.C.R. 971
In the instant appeal filed by th2 assessee, the only question for consideration before the Court was: G "whether the cost of packing of fabric in hessian cloth, which according to the assessee, is not required for sale of their goods at the factory gate and is necessitated to protect the fabric from damage during the …
Supreme Court of India23 Jul 2010Full text
2010 INSC 423 · [2010] 10 S.C.R. 905
- Therefore, the Commission was not entitled to maintain an c appeal in the Supreme Court against the order of the High Court - Penal Code, 1860 - s.376 - Constitution of India, 1950 - Article 136. Constitution of India, 1950: D Article 136 - Permission to file special leave petition -Revocation of - National Commissio…
Supreme Court of India22 Jul 2010Full text
2010 INSC 420 · [2010] 8 S.C.R. 811
Dismissing the appeal, the Court D HELD: 1.1. It is a case of circumstantial evidence as there was no eye-witness to the occurrence. An accused can be punished if he is found guilty even in cases of circumstantial evidence, provided, the prosecution is able to prove beyond reasonable doubt, complete chain of E events a…
Supreme Court of India14 Jan 2010Full text
2010 INSC 42 · [2010] 2 S.C.R. 1
A. Sharan, Bimal Roy Jad, Vikram Rathore, Anurag Sharma, Sharmila Upadhyay for the Appellant. 8 Kuldip Singh for the Respondent. The following Order of the Court was delivered c ORDER The prosecution story is as under: Kamlesh Rani deceased, daughter of PW.3-Tej Ram was married to Sudhir Kumar, the appellant herein, on…
Supreme Court of India13 Jan 2010Full text
2010 INSC 41 · [2010] 1 S.C.R. 532
4. An appointment on public post cannot be made in contravention of recruitment rules and constitutional ·scheme of employment. However, in view of the materials placed before the labour court and in this Court, the said c principle would not apply in the case on hand. The appellant has not prayed for regularization bu…
Supreme Court of India16 Jul 2010Full text
2010 INSC 407 · [2010] 8 S.C.R. 733
Mohan Jain, D.K. Thakµr, Rohini Mukherjee, Subhash Kaushik, A.K." Sharma, Sushma Suri for the Appellants The following order of the Court was delivered E ORDER 1. Leave granted. 2. The only question which arises for consideration in this appeal filed by the Union of India and four functionaries of South F Eastern Railw…
Supreme Court of India15 Jul 2010Full text
2010 INSC 406 · [2010] 8 S.C.R. 879
[2010] 8 S.C.R. 879 HARi SINGH NAGRA & ORS. A v. KAPIL SIBAL & ORS. (T.C. (Crl.) No. 2 of 1997) JULY 15, 2010 B [J.M. PANCHAL AND A.K. PATNAIK, JJ.] Constitution of India, 1950 - Article 215 - Criminal contempt of court - A message by Senior Advocate-contemnor - Expressing concern about falling standard of C legal frat…
Supreme Court of India15 Jul 2010Full text
2010 INSC 405 · [2010] 8 S.C.R. 423
Prosecution case was that the accused-respondents were transporting 5040 Kgs. of black jaggery and alum Fillegally in a van. The van and the black jaggery were seized and a case was registered under Sections 34(e), 41, 42 of the Andhra Pradesh Excise Act, 1968 against the accused-respondents. The government chemical ex…
Supreme Court of India15 Jul 2010Full text
2010 INSC 404 · [2010] 8 S.C.R. 435
c Allowing the appeal, the Court HELD: 1.1 On the basis of technical material (including the importer's own catalogue and webcast) it is held that Controllers (including embedded controllers) D are not merely PCs/ Automatic Data Processing Machine, but have a specialized structure and specific functions to perform and …
Supreme Court of India14 Jul 2010Full text
2010 INSC 403 · [2010] 8 S.C.R. 723
724 SUPREME COURT REPORTS [2010] 8 S.C.R. A the credibility of the Supreme Court in the eyes of the general public than what was under consideration in either Ouda's case* or Bal Thackrey's case** - Even though suo motu cognizance was taken in this case, this is one of those rare cases where, even if the cognizance is …
Supreme Court of India13 Jul 2010Full text
2010 INSC 402 · [2010] 8 S.C.R. 417
The Judgment of the Court was delivered by R. V. RAVEENDRAN J. 1. Leave granted. E 2. This is an appeal for enhancement of compensation, by the mother, widow, three children and father of Kuldeep Sharma, a Sub-Inspector of Poli~e. aged 36 years, who died in a motor accident on 25.12.1990. According to the salary F cert…
Supreme Court of India13 Jan 2010Full text
2010 INSC 40 · [2010] 1 S.C.R. 1069
Dismissing the appeal, the Court HELD: 1.1. In dealing with circumstantial evidence, there is always a danger that conjecture or suspicion H lingering on mind may take place of proof. Suspicion, VIJAY KUMAR ARORA v. STATE GOVT. OF NCT OF1071 DELHI however strong, cannot be allowed to take place of proof A and, therefor…
Supreme Court of India9 Jul 2010Full text
2010 INSC 399 · [2010] 8 S.C.R. 404
R.P. Bhatt, H.R. Rao, B.V. Balaram Das for the Appellant. C Bhargava V. Desai, Rahul Gupta and Nikhil Sharma for the Respondent. The Judgment of the Court was delivered by D.K. JAIN, J. 1. This appeal, by special leave, at the D instance of the Revenue is directed against the judgment and order dated 27th June, 2001 de…
Also on Law on Tips: Bare Acts · Legal news and analysis
E Respondent No. 1 filed a complaint before State Human Rights Commission against the petitioner and respondent Nos. 3 to 5 (the police officials). She alleged that when her son had gone to the stall of 'A' a merchant, he was assaulted and injured by him. When he took her F son to the police station, she was asked to w…
Supreme Court of India27 Jul 2010Full text
2010 INSC 433 · [2010] 8 S.C.R. 1104
The appellants filed an application under Order IX r. 13 CPC for setting aside the decree. It was submitted that since there was an understanding between the parties G that respondent no. 1 would withdraw the suit, the appellants did not attend the further proceedings. The trial court dismissed the application as being…
Supreme Court of India26 Jul 2010Full text
2010 INSC 431 · [2010] 8 S.C.R. 1053
s. 89 - Consent of the parties for reference to ADR F processes - Held. For referring matter to arbitration or to conciliation, consent of all the parties to the suit is required -Lok Ada/at, Mediation and Judicial Settlement do not require consent of the parties. Alternative disputes resolution (ADR) processes: G Whet…
Supreme Court of India26 Jul 2010Full text
2010 INSC 430 · [2010] 8 S.C.R. 1036
Criminal law: Motive - Held: Becomes totally irrelevant F when there is direct evidence of a trustworthy witness regarding commission of the crime - Penal Code, 1860 - ss.302 and 323. The prosecution case was that PW-1 lodged an G Ejahar stating that his father (appellant) came to their house on the fateful night and a…
Supreme Court of India14 Jan 2010Full text
2010 INSC 43 · [2010] 9 S.C.R. 897
897 H 898 SUPREME COURT REPORTS [2010] 9 S.C.R. A Willie (Wiliam) Slaney vs. State of M. P. (1955) SCR 1140 =1956 AIR 116 - distinguished. Ca~e- Law Reference: 2001 sec (Crl.) 149 relied on para 4B (1955) SCR 1140 distinguished para 5 2004(5) sec 334 referred to. Para 5 / 2006 (2) sec 450 referred to para 5 c 2003 (4) …
Supreme Court of India26 Jul 2010Full text
2010 INSC 429 · [2010] 8 S.C.R. 1025
[2010] 8 S.C.R. 1025 STATE OF HIMACHAL PRADESH & ANR. A v. MIS. HIMACHAL TECHNO ENGINE=Rs & ANR. (Civil Appeal No. 5998 of 2010) JULY 26, 2010 B [R.V. RAVEENDRAN AND GYAN SUDHA MISRA, JJ.) Arbitrations and Conciliation Act, 1996 - s. 34 -Arbitration Award - Challenge to - Petition u/s. 34 along with the application for…
Supreme Court of India23 Jul 2010Full text
2010 INSC 426 · [2010] 8 S.C.R. 971
In the instant appeal filed by th2 assessee, the only question for consideration before the Court was: G "whether the cost of packing of fabric in hessian cloth, which according to the assessee, is not required for sale of their goods at the factory gate and is necessitated to protect the fabric from damage during the …
Supreme Court of India23 Jul 2010Full text
2010 INSC 423 · [2010] 10 S.C.R. 905
- Therefore, the Commission was not entitled to maintain an c appeal in the Supreme Court against the order of the High Court - Penal Code, 1860 - s.376 - Constitution of India, 1950 - Article 136. Constitution of India, 1950: D Article 136 - Permission to file special leave petition -Revocation of - National Commissio…
Supreme Court of India22 Jul 2010Full text
2010 INSC 420 · [2010] 8 S.C.R. 811
Dismissing the appeal, the Court D HELD: 1.1. It is a case of circumstantial evidence as there was no eye-witness to the occurrence. An accused can be punished if he is found guilty even in cases of circumstantial evidence, provided, the prosecution is able to prove beyond reasonable doubt, complete chain of E events a…
Supreme Court of India14 Jan 2010Full text
2010 INSC 42 · [2010] 2 S.C.R. 1
A. Sharan, Bimal Roy Jad, Vikram Rathore, Anurag Sharma, Sharmila Upadhyay for the Appellant. 8 Kuldip Singh for the Respondent. The following Order of the Court was delivered c ORDER The prosecution story is as under: Kamlesh Rani deceased, daughter of PW.3-Tej Ram was married to Sudhir Kumar, the appellant herein, on…
Supreme Court of India13 Jan 2010Full text
2010 INSC 41 · [2010] 1 S.C.R. 532
4. An appointment on public post cannot be made in contravention of recruitment rules and constitutional ·scheme of employment. However, in view of the materials placed before the labour court and in this Court, the said c principle would not apply in the case on hand. The appellant has not prayed for regularization bu…
Supreme Court of India16 Jul 2010Full text
2010 INSC 407 · [2010] 8 S.C.R. 733
Mohan Jain, D.K. Thakµr, Rohini Mukherjee, Subhash Kaushik, A.K." Sharma, Sushma Suri for the Appellants The following order of the Court was delivered E ORDER 1. Leave granted. 2. The only question which arises for consideration in this appeal filed by the Union of India and four functionaries of South F Eastern Railw…
Supreme Court of India15 Jul 2010Full text
2010 INSC 406 · [2010] 8 S.C.R. 879
[2010] 8 S.C.R. 879 HARi SINGH NAGRA & ORS. A v. KAPIL SIBAL & ORS. (T.C. (Crl.) No. 2 of 1997) JULY 15, 2010 B [J.M. PANCHAL AND A.K. PATNAIK, JJ.] Constitution of India, 1950 - Article 215 - Criminal contempt of court - A message by Senior Advocate-contemnor - Expressing concern about falling standard of C legal frat…
Supreme Court of India15 Jul 2010Full text
2010 INSC 405 · [2010] 8 S.C.R. 423
Prosecution case was that the accused-respondents were transporting 5040 Kgs. of black jaggery and alum Fillegally in a van. The van and the black jaggery were seized and a case was registered under Sections 34(e), 41, 42 of the Andhra Pradesh Excise Act, 1968 against the accused-respondents. The government chemical ex…
Supreme Court of India15 Jul 2010Full text
2010 INSC 404 · [2010] 8 S.C.R. 435
c Allowing the appeal, the Court HELD: 1.1 On the basis of technical material (including the importer's own catalogue and webcast) it is held that Controllers (including embedded controllers) D are not merely PCs/ Automatic Data Processing Machine, but have a specialized structure and specific functions to perform and …
Supreme Court of India14 Jul 2010Full text
2010 INSC 403 · [2010] 8 S.C.R. 723
724 SUPREME COURT REPORTS [2010] 8 S.C.R. A the credibility of the Supreme Court in the eyes of the general public than what was under consideration in either Ouda's case* or Bal Thackrey's case** - Even though suo motu cognizance was taken in this case, this is one of those rare cases where, even if the cognizance is …
Supreme Court of India13 Jul 2010Full text
2010 INSC 402 · [2010] 8 S.C.R. 417
The Judgment of the Court was delivered by R. V. RAVEENDRAN J. 1. Leave granted. E 2. This is an appeal for enhancement of compensation, by the mother, widow, three children and father of Kuldeep Sharma, a Sub-Inspector of Poli~e. aged 36 years, who died in a motor accident on 25.12.1990. According to the salary F cert…
Supreme Court of India13 Jan 2010Full text
2010 INSC 40 · [2010] 1 S.C.R. 1069
Dismissing the appeal, the Court HELD: 1.1. In dealing with circumstantial evidence, there is always a danger that conjecture or suspicion H lingering on mind may take place of proof. Suspicion, VIJAY KUMAR ARORA v. STATE GOVT. OF NCT OF1071 DELHI however strong, cannot be allowed to take place of proof A and, therefor…
Supreme Court of India9 Jul 2010Full text
2010 INSC 399 · [2010] 8 S.C.R. 404
R.P. Bhatt, H.R. Rao, B.V. Balaram Das for the Appellant. C Bhargava V. Desai, Rahul Gupta and Nikhil Sharma for the Respondent. The Judgment of the Court was delivered by D.K. JAIN, J. 1. This appeal, by special leave, at the D instance of the Revenue is directed against the judgment and order dated 27th June, 2001 de…
Also on Law on Tips: Bare Acts · Legal news and analysis