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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.
7,561–7,580 · Page 379 of 382
Supreme Court of India8 Jan 2010Full text
2010 INSC 20 · [2010] 1 S.C.R. 204
WITH Crl. Appeal No. 47 of 2010. E Dr. Rajesh Pandey, Mahesh Pandey, Mridula Ray Bharadwaj for the Appellant. V. Sridhar Reddy, AS. Rao, Ram Swarup Sharma for the Respondent. F The Judgment of the Court was delivered by ALTAMAS KABIR, J. 1. Delay of 31 days and 39 days in re-filing the Special Leave Petitions is condon…
Supreme Court of India5 Apr 2010Full text
2010 INSC 195 · [2010] 4 S.C.R. 75
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.
7,561–7,580 · Page 379 of 382
Supreme Court of India8 Jan 2010Full text
2010 INSC 20 · [2010] 1 S.C.R. 204
WITH Crl. Appeal No. 47 of 2010. E Dr. Rajesh Pandey, Mahesh Pandey, Mridula Ray Bharadwaj for the Appellant. V. Sridhar Reddy, AS. Rao, Ram Swarup Sharma for the Respondent. F The Judgment of the Court was delivered by ALTAMAS KABIR, J. 1. Delay of 31 days and 39 days in re-filing the Special Leave Petitions is condon…
Supreme Court of India5 Apr 2010Full text
2010 INSC 195 · [2010] 4 S.C.R. 75
2. There is no doubt that in the facts of this case, the public interest will out-weigh the interest of the individual plot holders. The only consideration is with regard to the preservation of the water bodies which are yet E untouched, such as, plot No. 300 of Poppalguda Village mentioned in the report of the Central…
Supreme Court of India5 Apr 2010Full text
2010 INSC 193 · [2010] 4 S.C.R. 383
Allowing the appeal, the Court H BANARSI DASS v. STATE OF HARYANA 385 HELD: 1.1. The High Court fell in error in drawing the A inference of demand and receipt of the illegal gratification from the fact that the money was recovered from the accused. It is a settled canon of criminal jurisprudence that the conviction of …
Supreme Court of India7 Jan 2010Full text
2010 INSC 18 · [2010] 1 S.C.R. 194
A compromise relating to shares in the suit property was entered into between the plaintiff-appellants and the F predecessors-in-interest of the defendant-respondents on 26.10.1972. The plaintiffs filed a suit on 21.8.1990 for declaration that they were in possession as owner of 11 9th share and in joint possession of …
Supreme Court of India29 Mar 2010Full text
2010 INSC 178 · [2010] 3 S.C.R. 1086
Aggrieved. . appellants filed ·applicationI before CAT " c which was allowed with directions to employer to include ..... the names of appellants. in the list of· successful ...... candidates as per their, merit positions and consider their . .. I ·candidature for absorption on the posts of JAO. Union of India filed wr…
Supreme Court of India29 Mar 2010Full text
2010 INSC 177 · [2010] 3 S.C.R. 1059
Article 85 - Prorogation and adjournment - Distinction between. c The Fourteenth Session of the Thirteenth Lok Sabha commenced on 2nd December, 2003 and was adjourned sine die on 23rd December, 2003. Thereafter on 20th January, 2004, the Secretary General of the Lok Sabha, by way of a Notice informed all the Members of…
Supreme Court of India26 Mar 2010Full text
2010 INSC 176 · [2010] 3 S.C.R. 872
G After a fatal motor accident, mother, father and sisters of the deceased filed the claim petition under Motor Vehicles Act, 1988. FIR in respect of the incident was also lodged immediately after the accident. PW-2 (Pillion rider of the scooter which was driven by the deceased) stated H 872 MANAMSARASWATHISAMPOORNAKAL…
Supreme Court of India26 Mar 2010Full text
2010 INSC 175 · [2010] 3 S.C.R. 863
864 SUPREME COURT REPORTS [2010] 3 S.C.R. A CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2761 of 2010. From the Judgment & Order dated 29.6.2009 of the High Court of Uttarakhand at Nainital in W.P. No. 167 of 2009. B WITH SLP(C) No.19890 of 2009 T.C. (C) No. 33 of 2009. c G.E. Vahanvati, AG, F.S. Nariman, A. Sharan,…
Supreme Court of India26 Mar 2010Full text
2010 INSC 174 · [2010] 3 S.C.R. 847
Interpretation of Statutes - Interpretation of a statutory provision - Legislative intent - Determination of - Held: A E statutory provision to be read as a whole keeping in view other relevant provisions, to correctly arrive at the legislative intent - Court cannot read anything into a statutory provision which is pla…
Supreme Court of India26 Mar 2010Full text
2010 INSC 173 · [2010] 3 S.C.R. 836
B CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2774 of 2010. From the Judgment & Order dated 25.7.2006 of the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No. 2372 of 2004. C S.K. Bhattacharya for the Appellant. Commander, S.C. Jain (Retd.) Respondent-in-person. The Order of the Co…
Supreme Court of India26 Mar 2010Full text
2010 INSC 172 · [2010] 3 S.C.R. 1030
Dismissing the appeal, the Court H 1032 SUPREME COURT REPORTS [2010] 3 S.C.R. A HELD: 1.1. The West Bengal Sales Tax Act, 1994 has been enacted to consolidate and amend the laws relating to the levy of tax on sale or purchase of goods in the State of West Bengal. [Para 9] [1050-E-F] 1.2. To ensure that there is no evas…
Supreme Court of India25 Mar 2010Full text
2010 INSC 171 · [2010] 3 S.C.R. 911
[2010] 3 S.C.R. 911 MD. SHAHABUDDIN A v. STATE OF BIHAR & ORS. (Criminal Appeal No. 591 of 2010) MARCH 25, 2010 B [DALVEER BHANDARI AND DR. MUKUNDAKAM SHARMA, JJ.] Code of Criminal Procedure, 1973: c ss. 9(6), 11, 407 and 465 - Notification by High Court shifting the venue of Court of Session inside the District Jail, …
Supreme Court of India25 Mar 2010Full text
2010 INSC 170 · [2010] 3 S.C.R. 775
The parties filed petition for divorce and decree of divorce on mutual consent was passed. The parties Farrived at a settlement that the custody of the child shall remain with the mother and father shall have only visiting rights. Thereafter, the respondent-wife as also appellant-husband filed applications uls. 26 of t…
Supreme Court of India25 Mar 2010Full text
2010 INSC 169 · [2010] 4 S.C.R. 313
313 H 314 SUPREME COURT REPORTS [2010] 4 S.C.R. A Rahim Khan vs. Khurshid Ahmed and Others (1974) 2 SCC 660; and .Murari Lal vs. State of Madhya Pradesh AIR 1980 SC 531, referred to. Code of Criminal Procedure, 1973: B s. 394(2), proviso - Application by legal representatives for leave to continue the appeal on death o…
Supreme Court of India25 Mar 2010Full text
2010 INSC 168 · [2010] 3 S.C.R. 809
810 SUPREME COURT REPORTS [2010] 3 S.C.R. A owner to share the compensation at 50% each - Any change in use of the sun-endered land to be only after prior permission of Delhi High Court - Transfer of the land, surrendered by one of the applicants, by DOA to Delhi Metro Rail Corporation is not permissible - Urban Develo…
Supreme Court of India25 Mar 2010Full text
2010 INSC 167 · [2010] 3 S.C.R. 798
F 2.2. The appellant at this stage is simply called upon to file his objection or show cause as to why the re-opening of the assessment should not be done. Once he submits his reply to the show ca…
Supreme Court of India25 Mar 2010Full text
2010 INSC 166 · [2010] 3 S.C.R. 787
Petitioner No. 3 sought permission to withdraw from the proceedings stating that he filed the writ petition at the instance of former Chief Minister of the State. D Dismissing the petition, the Court HELD: 1. The fact that this petition was instituted at the initiative of four individuals belonging to a political E par…
Supreme Court of India23 Mar 2010Full text
2010 INSC 165 · [2010] 3 S.C.R. 755
755 H 756 SUPREME COURT REPORTS [2010) 3 S.C.R. A Words and Phrases: Word 'ordinarily' - Meaning of - In the context of Rufe 4(2) of the Indian Administrative Service (Cadre) Rules, 1954. The respondents are members of the State Civil Service (S.C.S.) of the State of Uttar Pradesh. They8 completed eight years of servic…
Supreme Court of India23 Mar 2010Full text
2010 INSC 164 · [2010] 3 S.C.R. 580
FOOD CORPORATION OF INDIA AND ANR. v. 581 NIZAMUDDIN AND ANR. the prescribed age of 55 years, the application for A compassionate appointment could not be entertained. Subsequently, Single Judge of High Court dismissed the writ petition. However, Division Bench of High Court held that the first respondent was eligible …
Supreme Court of India23 Mar 2010Full text
2010 INSC 163 · [2010] 3 S.C.R. 572
Two original applications were filed before Central Administrative Tribunal (CAT) by the respondents. F Appellants were not made parties therein. One application was dismissed while the other was partly allowed. When the said Judgment was challenged before High Court by the respondents, appellants fi!ed impleadment app…
Also on Law on Tips: Bare Acts · Legal news and analysis
2. There is no doubt that in the facts of this case, the public interest will out-weigh the interest of the individual plot holders. The only consideration is with regard to the preservation of the water bodies which are yet E untouched, such as, plot No. 300 of Poppalguda Village mentioned in the report of the Central…
Supreme Court of India5 Apr 2010Full text
2010 INSC 193 · [2010] 4 S.C.R. 383
Allowing the appeal, the Court H BANARSI DASS v. STATE OF HARYANA 385 HELD: 1.1. The High Court fell in error in drawing the A inference of demand and receipt of the illegal gratification from the fact that the money was recovered from the accused. It is a settled canon of criminal jurisprudence that the conviction of …
Supreme Court of India7 Jan 2010Full text
2010 INSC 18 · [2010] 1 S.C.R. 194
A compromise relating to shares in the suit property was entered into between the plaintiff-appellants and the F predecessors-in-interest of the defendant-respondents on 26.10.1972. The plaintiffs filed a suit on 21.8.1990 for declaration that they were in possession as owner of 11 9th share and in joint possession of …
Supreme Court of India29 Mar 2010Full text
2010 INSC 178 · [2010] 3 S.C.R. 1086
Aggrieved. . appellants filed ·applicationI before CAT " c which was allowed with directions to employer to include ..... the names of appellants. in the list of· successful ...... candidates as per their, merit positions and consider their . .. I ·candidature for absorption on the posts of JAO. Union of India filed wr…
Supreme Court of India29 Mar 2010Full text
2010 INSC 177 · [2010] 3 S.C.R. 1059
Article 85 - Prorogation and adjournment - Distinction between. c The Fourteenth Session of the Thirteenth Lok Sabha commenced on 2nd December, 2003 and was adjourned sine die on 23rd December, 2003. Thereafter on 20th January, 2004, the Secretary General of the Lok Sabha, by way of a Notice informed all the Members of…
Supreme Court of India26 Mar 2010Full text
2010 INSC 176 · [2010] 3 S.C.R. 872
G After a fatal motor accident, mother, father and sisters of the deceased filed the claim petition under Motor Vehicles Act, 1988. FIR in respect of the incident was also lodged immediately after the accident. PW-2 (Pillion rider of the scooter which was driven by the deceased) stated H 872 MANAMSARASWATHISAMPOORNAKAL…
Supreme Court of India26 Mar 2010Full text
2010 INSC 175 · [2010] 3 S.C.R. 863
864 SUPREME COURT REPORTS [2010] 3 S.C.R. A CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2761 of 2010. From the Judgment & Order dated 29.6.2009 of the High Court of Uttarakhand at Nainital in W.P. No. 167 of 2009. B WITH SLP(C) No.19890 of 2009 T.C. (C) No. 33 of 2009. c G.E. Vahanvati, AG, F.S. Nariman, A. Sharan,…
Supreme Court of India26 Mar 2010Full text
2010 INSC 174 · [2010] 3 S.C.R. 847
Interpretation of Statutes - Interpretation of a statutory provision - Legislative intent - Determination of - Held: A E statutory provision to be read as a whole keeping in view other relevant provisions, to correctly arrive at the legislative intent - Court cannot read anything into a statutory provision which is pla…
Supreme Court of India26 Mar 2010Full text
2010 INSC 173 · [2010] 3 S.C.R. 836
B CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2774 of 2010. From the Judgment & Order dated 25.7.2006 of the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No. 2372 of 2004. C S.K. Bhattacharya for the Appellant. Commander, S.C. Jain (Retd.) Respondent-in-person. The Order of the Co…
Supreme Court of India26 Mar 2010Full text
2010 INSC 172 · [2010] 3 S.C.R. 1030
Dismissing the appeal, the Court H 1032 SUPREME COURT REPORTS [2010] 3 S.C.R. A HELD: 1.1. The West Bengal Sales Tax Act, 1994 has been enacted to consolidate and amend the laws relating to the levy of tax on sale or purchase of goods in the State of West Bengal. [Para 9] [1050-E-F] 1.2. To ensure that there is no evas…
Supreme Court of India25 Mar 2010Full text
2010 INSC 171 · [2010] 3 S.C.R. 911
[2010] 3 S.C.R. 911 MD. SHAHABUDDIN A v. STATE OF BIHAR & ORS. (Criminal Appeal No. 591 of 2010) MARCH 25, 2010 B [DALVEER BHANDARI AND DR. MUKUNDAKAM SHARMA, JJ.] Code of Criminal Procedure, 1973: c ss. 9(6), 11, 407 and 465 - Notification by High Court shifting the venue of Court of Session inside the District Jail, …
Supreme Court of India25 Mar 2010Full text
2010 INSC 170 · [2010] 3 S.C.R. 775
The parties filed petition for divorce and decree of divorce on mutual consent was passed. The parties Farrived at a settlement that the custody of the child shall remain with the mother and father shall have only visiting rights. Thereafter, the respondent-wife as also appellant-husband filed applications uls. 26 of t…
Supreme Court of India25 Mar 2010Full text
2010 INSC 169 · [2010] 4 S.C.R. 313
313 H 314 SUPREME COURT REPORTS [2010] 4 S.C.R. A Rahim Khan vs. Khurshid Ahmed and Others (1974) 2 SCC 660; and .Murari Lal vs. State of Madhya Pradesh AIR 1980 SC 531, referred to. Code of Criminal Procedure, 1973: B s. 394(2), proviso - Application by legal representatives for leave to continue the appeal on death o…
Supreme Court of India25 Mar 2010Full text
2010 INSC 168 · [2010] 3 S.C.R. 809
810 SUPREME COURT REPORTS [2010] 3 S.C.R. A owner to share the compensation at 50% each - Any change in use of the sun-endered land to be only after prior permission of Delhi High Court - Transfer of the land, surrendered by one of the applicants, by DOA to Delhi Metro Rail Corporation is not permissible - Urban Develo…
Supreme Court of India25 Mar 2010Full text
2010 INSC 167 · [2010] 3 S.C.R. 798
F 2.2. The appellant at this stage is simply called upon to file his objection or show cause as to why the re-opening of the assessment should not be done. Once he submits his reply to the show ca…
Supreme Court of India25 Mar 2010Full text
2010 INSC 166 · [2010] 3 S.C.R. 787
Petitioner No. 3 sought permission to withdraw from the proceedings stating that he filed the writ petition at the instance of former Chief Minister of the State. D Dismissing the petition, the Court HELD: 1. The fact that this petition was instituted at the initiative of four individuals belonging to a political E par…
Supreme Court of India23 Mar 2010Full text
2010 INSC 165 · [2010] 3 S.C.R. 755
755 H 756 SUPREME COURT REPORTS [2010) 3 S.C.R. A Words and Phrases: Word 'ordinarily' - Meaning of - In the context of Rufe 4(2) of the Indian Administrative Service (Cadre) Rules, 1954. The respondents are members of the State Civil Service (S.C.S.) of the State of Uttar Pradesh. They8 completed eight years of servic…
Supreme Court of India23 Mar 2010Full text
2010 INSC 164 · [2010] 3 S.C.R. 580
FOOD CORPORATION OF INDIA AND ANR. v. 581 NIZAMUDDIN AND ANR. the prescribed age of 55 years, the application for A compassionate appointment could not be entertained. Subsequently, Single Judge of High Court dismissed the writ petition. However, Division Bench of High Court held that the first respondent was eligible …
Supreme Court of India23 Mar 2010Full text
2010 INSC 163 · [2010] 3 S.C.R. 572
Two original applications were filed before Central Administrative Tribunal (CAT) by the respondents. F Appellants were not made parties therein. One application was dismissed while the other was partly allowed. When the said Judgment was challenged before High Court by the respondents, appellants fi!ed impleadment app…
Also on Law on Tips: Bare Acts · Legal news and analysis