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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.
741–760 · Page 38 of 382
Supreme Court of India1 Mar 2019Full text
2019 INSC 303 · [2019] 2 S.C.R. 839
period of service – Thus, the order passed by the courts below is set aside – However, amount made over to respondent would not be recovered from him – Punjab Civil Services Rules – r. 7.5(1) – Central Civil Service (Pension) Rules – r. 26. Disposing of the appeal, the Court F HELD: 1.1 In case of resignation from serv…
Supreme Court of India1 Mar 2019Full text
2019 INSC 302 · [2019] 2 S.C.R. 978
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.
741–760 · Page 38 of 382
Supreme Court of India1 Mar 2019Full text
2019 INSC 303 · [2019] 2 S.C.R. 839
period of service – Thus, the order passed by the courts below is set aside – However, amount made over to respondent would not be recovered from him – Punjab Civil Services Rules – r. 7.5(1) – Central Civil Service (Pension) Rules – r. 26. Disposing of the appeal, the Court F HELD: 1.1 In case of resignation from serv…
Supreme Court of India1 Mar 2019Full text
2019 INSC 302 · [2019] 2 S.C.R. 978
Administration of justice: Speedy disposal of cases – ‘Dispose of the representation’ E mantra – Effect of – Held: Is increasingly permeating the judicial process in the High Courts and the tribunals – Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions – However, they d…
Supreme Court of India1 Mar 2019Full text
2019 INSC 301 · [2019] 2 S.C.R. 821
[Para 22, 23][834-A-B; 835-C] H LT GEN RAVI DASTANE, AVSM, VSM v. UOI, MINISTRY OF 823 DEFENCE 1.3 While recommending the name of the third and fourth A respondents, the COAS had the service profile of seven officers in the rank of Lieutenant General. Two of the seven officers had a shortfall in the period of one year …
Supreme Court of India1 Mar 2019Full text
2019 INSC 300 · [2019] 4 S.C.R. 135
[2019] 4 S.C.R. 135 135 FED. OF BANK OF INDIA STAFF UNIONS & ANR. A v. UNION OF INDIA & ANR. (Civil Appeal No. 5570 of 2014) MARCH 01, 2019 B [ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.] The Nationalized Banks (Management and Miscellaneous provisions) Scheme, 1970 – Appellant No.1 is the association of various Staff Un…
Supreme Court of India8 Jan 2019Full text
2019 INSC 30 · [2019] 1 S.C.R. 330
Allowing the appeal, the Court B HELD: 1.1 The duties and nature of work of Head Clerks and Internal Auditors are entirely different. Head Clerks work under XEN, Drawing and Disbursement Officer and there is only one Head Clerk in the Division Office. Head Clerk is the Head of the establishment in the Divisional Office…
Supreme Court of India3 Jan 2019Full text
2019 INSC 3 · [2019] 1 S.C.R. 270
High Court set aside – On basis of the mutual agreement between both the parties, Justice S.S. Nijjar (Retd.) appointed as the Sole Arbitrator to adjudicate the disputes arising out of the Agreement. H 270 GOVT. OF HARYANA PWD HARYANA (B & R) BRANCH v. 271 M/S. G. F. TOLL ROAD PVT. LTD. Disposing of the appeal, the Cou…
Supreme Court of India1 Mar 2019Full text
2019 INSC 298 · [2019] 3 S.C.R. 411
Disposing of the appeals, the Court HELD: 1. *Abbai Maligai Partnership Firm case is duly taken cognisance of and explained in the judgment in F **Kunhayammed case. There is no conflict insofar as ratio of the two cases is concerned. Moreover, *Abbai Maligai Partnership Firm case was decided on its peculiar facts, with…
Supreme Court of India1 Mar 2019Full text
2019 INSC 297 · [2019] 4 S.C.R. 96
96 SUPREME COURT[2019]REPORTS4 S.C.R. 96 [2019] 4 S.C.R. A STATE OF GUJARAT AND OTHERS ETC. v. JAYESHBHAI KANJIBHAI KALATHIYA ETC. (Civil Appeal Nos. 10373-10374 of 2010) B MARCH 01, 2019 [A. K. SIKRI, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Mines and Minerals: Minor minerals – Resolution by State Government prohibiting C…
Supreme Court of India1 Mar 2019Full text
2019 INSC 296 · [2019] 4 S.C.R. 928
928 SUPREME COURT[2019]REPORTS4 S.C.R. 928 [2019] 4 S.C.R. A M/S. VIJAY INDUSTRIES v. COMMISSIONER OF INCOME TAX (Civil Appeal Nos.1581-1582 of 2005) B MARCH 01, 2019 [A. K. SIKRI, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Income Tax Act, 1961 – ss. 80HH(1), 80A, 80AB and ss. 30 to 43D – Assessees claimed deduction u/s. 80H…
Supreme Court of India28 Feb 2019Full text
2019 INSC 295 · [2019] 5 S.C.R. 452
attract them to set up establishments within the territorial jurisdiction of the State. The State may encourage them as an adjunct of it…
Supreme Court of India28 Feb 2019Full text
2019 INSC 294 · [2019] 2 S.C.R. 779
[2019] 2 S.C.R. 779 779 DINESH TEXTILES A v. COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, CALICUT (Civil Appeal Nos. 9740–9741 of 2018) B FEBRUARY 28, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Central Excise Rules, 2002: r. 12B – Liability of dealer/trader of textiles and textile articles – To pay duty…
Supreme Court of India28 Feb 2019Full text
2019 INSC 293 · [2019] 3 S.C.R. 382
therefore the concerned University statutes were not applicable to the teachers of such institutions – Single Judge of High Court allowed the petition – However, Division Bench of High Court allowed the writ appeal holding that the appellants were not the teachers of the University – Review petition challenging the ord…
Supreme Court of India28 Feb 2019Full text
2019 INSC 292 · [2019] 3 S.C.R. 1078
With Criminal Appeal No. 1805 of 2011. Santosh Mishra, Manish Kumar, Ms. Sharmila Upadhyay, Ms. Aparajita Singh, T. Mahipal, Advs. for the Appellant. H 1080 SUPREME COURT REPORTS [2019] 3 S.C.R. A P. K. Dey, A. K. Srivastava, Arvind Kumar Sharma, Ashok Kumar Srivastava, Advs. for the Respondent. The Judgment of the Cou…
Supreme Court of India28 Feb 2019Full text
2019 INSC 291 · [2019] 4 S.C.R. 54
Referring the matter to larger Bench, the Court HELD: 1. Contention of the appellant is that mere proof of receipt of money by the accused in the absence of proof of demand of illegal gratification is not sufficient to prove the guilt of the G accused. It was contended that when the complainant passed away, primary evi…
Supreme Court of India28 Feb 2019Full text
2019 INSC 290 · [2019] 3 S.C.R. 465
VIDYA DROLIA & ORS. v. DURGA TRADING CORPORATION 467 Property Act situation between a landlord and tenant is very far A removed from the situation in either Natraj Studios or in Booz Allen. Therefore, the question involved in a Transfer of Property Act situation cannot possibly be said to have been answered by the two …
Supreme Court of India8 Jan 2019Full text
2019 INSC 29 · [2019] 1 S.C.R. 168
Evidence: E Circumstantial evidence – Evidentiary value – Held: While scrutinising the circumstantial evidence, a court has to evaluate it to ensure that the chain of events is established clearly and completely to rule out any reasonable likelihood of innocence of the accused. F Extra-judicial confession Evidentiary v…
Supreme Court of India28 Feb 2019Full text
2019 INSC 289 · [2019] 18 S.C.R. 898
898 SUPREME COURT[2019]REPORTS18 S.C.R. 898 [2019] 18 S.C.R. A ADJUDICATING OFFICER, SECURITIES AND EXCHANGE BOARD OF INDIA v. BHAVESH PABARI B (Civil Appeal No.11311 of 2013) FEBRUARY 28, 2019 [RANJAN GOGOI, CJI, DEEPAK GUPTA AND SANJIV KHANNA, JJ.] Securities and Exchange Board of India Act, 1992 – s.15-J, C Cl. (a),…
Supreme Court of India28 Feb 2019Full text
2019 INSC 288 · [2019] 2 S.C.R. 275
REGIONAL PROVIDENT FUND COMMNR. (II) W. B. v. 277 VIVEKANANDA VIDYAMANDIR & ORS. employees. There is no occasion to interfere with the concurrent A conclusions of facts. [Para 14][287-F-F, 288-A-B] Bridge and Roof Co. (India) Ltd. v. Union of India [1963] 3 SCR 978 - relied on. Muir Mills Co. Ltd., Kanpur v. Its Workme…
Supreme Court of India27 Feb 2019Full text
2019 INSC 287 · [2019] 4 S.C.R. 469
[2019] 4 S.C.R. 469 469 DELHI DEVELOPMENT AUTHORITY A v. VIRENDER LAL BAHRI & ORS. (SLP (C ) No. 37375 of 2016) FEBRUARY 27, 2019 B [R. F. NARIMAN AND VINEET SARAN, JJ.] Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Act, 2013: s. 24 Proviso – Whether the proviso governs…
Supreme Court of India27 Feb 2019Full text
2019 INSC 286 · [2019] 4 S.C.R. 885
plus interest thereon – Tribunal held that the principal amount to be paid back to the respondent by the appellant would be Rs.84,74,087/- with 9% interest thereon after deducting Rs.25,83,181/- (12% liquidated damages) from Rs. 1,10,57,268/- – On appeal, held: Instant case is covered by s. 74 – Tribunal rightly held t…
Also on Law on Tips: Bare Acts · Legal news and analysis
Administration of justice: Speedy disposal of cases – ‘Dispose of the representation’ E mantra – Effect of – Held: Is increasingly permeating the judicial process in the High Courts and the tribunals – Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions – However, they d…
Supreme Court of India1 Mar 2019Full text
2019 INSC 301 · [2019] 2 S.C.R. 821
[Para 22, 23][834-A-B; 835-C] H LT GEN RAVI DASTANE, AVSM, VSM v. UOI, MINISTRY OF 823 DEFENCE 1.3 While recommending the name of the third and fourth A respondents, the COAS had the service profile of seven officers in the rank of Lieutenant General. Two of the seven officers had a shortfall in the period of one year …
Supreme Court of India1 Mar 2019Full text
2019 INSC 300 · [2019] 4 S.C.R. 135
[2019] 4 S.C.R. 135 135 FED. OF BANK OF INDIA STAFF UNIONS & ANR. A v. UNION OF INDIA & ANR. (Civil Appeal No. 5570 of 2014) MARCH 01, 2019 B [ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.] The Nationalized Banks (Management and Miscellaneous provisions) Scheme, 1970 – Appellant No.1 is the association of various Staff Un…
Supreme Court of India8 Jan 2019Full text
2019 INSC 30 · [2019] 1 S.C.R. 330
Allowing the appeal, the Court B HELD: 1.1 The duties and nature of work of Head Clerks and Internal Auditors are entirely different. Head Clerks work under XEN, Drawing and Disbursement Officer and there is only one Head Clerk in the Division Office. Head Clerk is the Head of the establishment in the Divisional Office…
Supreme Court of India3 Jan 2019Full text
2019 INSC 3 · [2019] 1 S.C.R. 270
High Court set aside – On basis of the mutual agreement between both the parties, Justice S.S. Nijjar (Retd.) appointed as the Sole Arbitrator to adjudicate the disputes arising out of the Agreement. H 270 GOVT. OF HARYANA PWD HARYANA (B & R) BRANCH v. 271 M/S. G. F. TOLL ROAD PVT. LTD. Disposing of the appeal, the Cou…
Supreme Court of India1 Mar 2019Full text
2019 INSC 298 · [2019] 3 S.C.R. 411
Disposing of the appeals, the Court HELD: 1. *Abbai Maligai Partnership Firm case is duly taken cognisance of and explained in the judgment in F **Kunhayammed case. There is no conflict insofar as ratio of the two cases is concerned. Moreover, *Abbai Maligai Partnership Firm case was decided on its peculiar facts, with…
Supreme Court of India1 Mar 2019Full text
2019 INSC 297 · [2019] 4 S.C.R. 96
96 SUPREME COURT[2019]REPORTS4 S.C.R. 96 [2019] 4 S.C.R. A STATE OF GUJARAT AND OTHERS ETC. v. JAYESHBHAI KANJIBHAI KALATHIYA ETC. (Civil Appeal Nos. 10373-10374 of 2010) B MARCH 01, 2019 [A. K. SIKRI, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Mines and Minerals: Minor minerals – Resolution by State Government prohibiting C…
Supreme Court of India1 Mar 2019Full text
2019 INSC 296 · [2019] 4 S.C.R. 928
928 SUPREME COURT[2019]REPORTS4 S.C.R. 928 [2019] 4 S.C.R. A M/S. VIJAY INDUSTRIES v. COMMISSIONER OF INCOME TAX (Civil Appeal Nos.1581-1582 of 2005) B MARCH 01, 2019 [A. K. SIKRI, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Income Tax Act, 1961 – ss. 80HH(1), 80A, 80AB and ss. 30 to 43D – Assessees claimed deduction u/s. 80H…
Supreme Court of India28 Feb 2019Full text
2019 INSC 295 · [2019] 5 S.C.R. 452
attract them to set up establishments within the territorial jurisdiction of the State. The State may encourage them as an adjunct of it…
Supreme Court of India28 Feb 2019Full text
2019 INSC 294 · [2019] 2 S.C.R. 779
[2019] 2 S.C.R. 779 779 DINESH TEXTILES A v. COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, CALICUT (Civil Appeal Nos. 9740–9741 of 2018) B FEBRUARY 28, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Central Excise Rules, 2002: r. 12B – Liability of dealer/trader of textiles and textile articles – To pay duty…
Supreme Court of India28 Feb 2019Full text
2019 INSC 293 · [2019] 3 S.C.R. 382
therefore the concerned University statutes were not applicable to the teachers of such institutions – Single Judge of High Court allowed the petition – However, Division Bench of High Court allowed the writ appeal holding that the appellants were not the teachers of the University – Review petition challenging the ord…
Supreme Court of India28 Feb 2019Full text
2019 INSC 292 · [2019] 3 S.C.R. 1078
With Criminal Appeal No. 1805 of 2011. Santosh Mishra, Manish Kumar, Ms. Sharmila Upadhyay, Ms. Aparajita Singh, T. Mahipal, Advs. for the Appellant. H 1080 SUPREME COURT REPORTS [2019] 3 S.C.R. A P. K. Dey, A. K. Srivastava, Arvind Kumar Sharma, Ashok Kumar Srivastava, Advs. for the Respondent. The Judgment of the Cou…
Supreme Court of India28 Feb 2019Full text
2019 INSC 291 · [2019] 4 S.C.R. 54
Referring the matter to larger Bench, the Court HELD: 1. Contention of the appellant is that mere proof of receipt of money by the accused in the absence of proof of demand of illegal gratification is not sufficient to prove the guilt of the G accused. It was contended that when the complainant passed away, primary evi…
Supreme Court of India28 Feb 2019Full text
2019 INSC 290 · [2019] 3 S.C.R. 465
VIDYA DROLIA & ORS. v. DURGA TRADING CORPORATION 467 Property Act situation between a landlord and tenant is very far A removed from the situation in either Natraj Studios or in Booz Allen. Therefore, the question involved in a Transfer of Property Act situation cannot possibly be said to have been answered by the two …
Supreme Court of India8 Jan 2019Full text
2019 INSC 29 · [2019] 1 S.C.R. 168
Evidence: E Circumstantial evidence – Evidentiary value – Held: While scrutinising the circumstantial evidence, a court has to evaluate it to ensure that the chain of events is established clearly and completely to rule out any reasonable likelihood of innocence of the accused. F Extra-judicial confession Evidentiary v…
Supreme Court of India28 Feb 2019Full text
2019 INSC 289 · [2019] 18 S.C.R. 898
898 SUPREME COURT[2019]REPORTS18 S.C.R. 898 [2019] 18 S.C.R. A ADJUDICATING OFFICER, SECURITIES AND EXCHANGE BOARD OF INDIA v. BHAVESH PABARI B (Civil Appeal No.11311 of 2013) FEBRUARY 28, 2019 [RANJAN GOGOI, CJI, DEEPAK GUPTA AND SANJIV KHANNA, JJ.] Securities and Exchange Board of India Act, 1992 – s.15-J, C Cl. (a),…
Supreme Court of India28 Feb 2019Full text
2019 INSC 288 · [2019] 2 S.C.R. 275
REGIONAL PROVIDENT FUND COMMNR. (II) W. B. v. 277 VIVEKANANDA VIDYAMANDIR & ORS. employees. There is no occasion to interfere with the concurrent A conclusions of facts. [Para 14][287-F-F, 288-A-B] Bridge and Roof Co. (India) Ltd. v. Union of India [1963] 3 SCR 978 - relied on. Muir Mills Co. Ltd., Kanpur v. Its Workme…
Supreme Court of India27 Feb 2019Full text
2019 INSC 287 · [2019] 4 S.C.R. 469
[2019] 4 S.C.R. 469 469 DELHI DEVELOPMENT AUTHORITY A v. VIRENDER LAL BAHRI & ORS. (SLP (C ) No. 37375 of 2016) FEBRUARY 27, 2019 B [R. F. NARIMAN AND VINEET SARAN, JJ.] Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Act, 2013: s. 24 Proviso – Whether the proviso governs…
Supreme Court of India27 Feb 2019Full text
2019 INSC 286 · [2019] 4 S.C.R. 885
plus interest thereon – Tribunal held that the principal amount to be paid back to the respondent by the appellant would be Rs.84,74,087/- with 9% interest thereon after deducting Rs.25,83,181/- (12% liquidated damages) from Rs. 1,10,57,268/- – On appeal, held: Instant case is covered by s. 74 – Tribunal rightly held t…
Also on Law on Tips: Bare Acts · Legal news and analysis