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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.
7,581–7,600 · Page 380 of 382
Supreme Court of India22 Mar 2010Full text
2010 INSC 162 · [2010] 3 S.C.R. 714
F ORDER 1. According to the petitioner, he is a permanent resident of Chorewala, District Rahimiarkhan, Pakistan and has been illegally detained for the last three and a half years in Central G Jail, Jaipur though he has undergone actual sentence of nine years awarded by Sessions Court in Sessions Case No. 228 of 1997 …
Supreme Court of India22 Mar 2010Full text
2010 INSC 161 · [2010] 3 S.C.R. 557
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.
7,581–7,600 · Page 380 of 382
Supreme Court of India22 Mar 2010Full text
2010 INSC 162 · [2010] 3 S.C.R. 714
F ORDER 1. According to the petitioner, he is a permanent resident of Chorewala, District Rahimiarkhan, Pakistan and has been illegally detained for the last three and a half years in Central G Jail, Jaipur though he has undergone actual sentence of nine years awarded by Sessions Court in Sessions Case No. 228 of 1997 …
Supreme Court of India22 Mar 2010Full text
2010 INSC 161 · [2010] 3 S.C.R. 557
(2) - ~udgment. · Article 32 and 226 read with Article 12 - Writ jurisdiction of Supreme Court and High Courts - Scope of - Explained. F ADMIN/STRA TION OF JUSTICE: Advocate - Responsibility of - Failure of counsel to render assistance to Court - HELD: In case counsel for the petitioner is not able to render any assist…
Supreme Court of India22 Mar 2010Full text
2010 INSC 160 · [2010] 3 S.C.R. 548
The High Court quashed the charge-sheet on the groum.i that it did not reveal ingredients constituting offences under ss.494 and 406. Hence the present appeal.G Allowing the appeal, the Court HELD: 1.1. From a perusal of the allegations made in the FIR, it is evident that the appellant-wife has clearly H 548 ' K. NEELA…
Supreme Court of India22 Mar 2010Full text
2010 INSC 159 · [2010] 3 S.C.R. 716
,• [2010] 3 S.C.R. 716 A STATE OF HARYANA AND ORS. v. JAGDISH (Criminal Appeal No. 566 of 2010) MARCH 22, 2010 B [K.G. BALAKRISHNAN, CJI., J.M. PANCHAL AND DR. B.S. CHAUHAN, JJ.] Constitution of India, 1950 - Articles 161 and 72 - Life C convict - Pre-mature release - Powers of clemency -Respondent convicted and senten…
Supreme Court of India19 Mar 2010Full text
2010 INSC 158 · [2010] 3 S.C.R. 533
- The Supreme Court as the apex Court in the country was meant to deal with important issues like constitutional F questions, questions of law of general importance or where grave injustice had been done - However, the Court has been converted practically into an ordinary appellate court which was never the intention o…
Supreme Court of India19 Mar 2010Full text
2010 INSC 157 · [2010] 3 S.C.R. 522
The brother of the appellant was found dead. The post mortem report indicated that the death was as a result of natural causes. The investigating officer, on the basis of the statements of the appellant, his relatives and F others as also the post-mortem report, closed th.e investigation. Thereafter the appellant filed…
Supreme Court of India17 Mar 2010Full text
2010 INSC 156 · [2010] 3 S.C.R. 687
688 SUPREME COURT REPORTS (2010] 3 S.C.R. A order was further confirmed in writ appeal by Division Bench of High Court. In appeal to this Court, appellant contended that the State Government derives the legal authority to prohibit a lock-out in terms of section 10(3) only after it had8 referred for adjudication all the…
Supreme Court of India17 Mar 2010Full text
2010 INSC 155 · [2010] 3 S.C.R. 510
In the instant appeal filed by the Revenue, th~ .: · : .. question for consideration before the Court was: whether· · the. assessee was liab.le to pay the penalty u/s 271 (1 )(c). C of the Income Tax Act, 1961? . Dismissing the appeal, the Court. . HELD: 1.1. In order to attract the provisions of s.271 of .the .Income …
Supreme Court of India16 Mar 2010Full text
2010 INSC 154 · [2010] 3 S.C.R. 485
- There is no illegality in the judgment of the High court in 485 H 486 SUPREME COURT REPORTS [2010] 3 S.C.R. A quashing the order dated 29.9.1993 and upholding the seniority of the candidates of 1980-81 batch over the candidates of 1979-81 batch as had been determined as early as on 12. 10. 1982 - Interpretation of st…
Supreme Court of India16 Mar 2010Full text
2010 INSC 153 · [2010] 3 S.C.R. 460
462 SUPREME COURT REPORTS (2010) 3 S.C.R. A comprising of miniature paintings was not delivered to M/ s Pindikas. The respondent filed a claim for compensation of Rs.34.23 lacs representing the value of llliniature paintings. The National Commission held that the insurance policy was obtained on the representation B th…
Supreme Court of India16 Mar 2010Full text
2010 INSC 152 · [2010] 3 S.C.R. 450
The appellants, who had worked for more than 10 years on daily rated basis in Bihar Intermediate Education D Council, filed writ petition before the High Court seeking regularization of their services. Single Judge of High Court directed the Council to consider the claim for regularization. Since there was no positive …
Supreme Court of India16 Mar 2010Full text
2010 INSC 151 · [2010] 3 S.C.R. 438
E Natural justice: Dismissal order - Neither the copy of inquiry report was made available to dismissed employee nor the reason for dismissal disclosed in show cause notice -Held: There was violation of principles of natural justice -Service law - Dismissal. F Evidence Act, 1872: Contents of documents are required to b…
Supreme Court of India15 Mar 2010Full text
2010 INSC 149 · [2010] 3 S.C.R. 401
In appeal to this Court, it was contended by the appellant that the High Court misinterpreted Ex.A-2 as a F 'Will' ignoring the specific stipulation contained therein that it was a 'Settlement Deed'. With reference to s.19 of the Transfer of Property Act, 1882, it was contended that the transfer of the property rights …
Supreme Court of India15 Mar 2010Full text
2010 INSC 148 · [2010] 3 S.C.R. 386
(2010] 3 S.C.R. 386 A OIL AND NATURAL GAS CORPORATION LTD., DEHRADUN THROUGH MANAGING DIRECTOR v. THE COMMISSIONER OF INCOME TAX, DEHRADUN (Civil Appeal No. 7223 of 2008) B MARCH 15, 2010 [D.K. JAIN AND T.5. THAKUR, JJ.] Income Tax Act, 1961: c s.37(1) - AY 1991-92 to 1994-95 and 1997-98 -Deduction on account of fluctu…
Supreme Court of India15 Mar 2010Full text
2010 INSC 147 · [2010] 3 S.C.R. 367
WAGES INSPECTORS ASSOCIATION made by the State Government, the State Government is A directed to extend the benefit of Pay Scale No.10 (4500-9700) to the lnspectors-AMW, to take effect notionally from 1.1.1996, with actual monetary benefits with effect from 1.1.2008. [Para 21] [385-B-C] BRe: Question (1) 2.1. The princ…
Supreme Court of India15 Mar 2010Full text
2010 INSC 146 · [2010] 3 S.C.R. 609
Order and 'Regulation' - Distinction between. Legislation: B Substitution of a statutory provision - Effect of - Held: Substitution of a provision is a combination of repeal and fresh enactment. c Appellants challenged thP. vires of the Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations,…
Supreme Court of India12 Mar 2010Full text
2010 INSC 145 · [2010] 3 S.C.R. 353
354 SUPREME COURT REPORTS [2010] 3 S.C.R. A Rules - In the absence of any statutory provision laying down the procedure to be followed in determining a claim of juvenility raised before it, the court had to decide the claim of juvenility of the appellant on the materials or evidence brought on record by the parties and…
Supreme Court of India12 Mar 2010Full text
2010 INSC 144 · [2010] 3 S.C.R. 344
(2008) 1 SCC 575; Ghaziabad Development Authority & Anr. v. Ashok Kumar & Anr. (2008) 4 SCC 261, held inapplicable. G 2. In the present case, the respondent had not taken any stand before the Labour Court in his objections that the post in which the workman was working was not sanctioned or that his engagement was cont…
Supreme Court of India11 Mar 2010Full text
2010 INSC 143 · [2010] 4 S.C.R. 604
H 604 AKLOO AHIR v. STATE OF BIHAR 605 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal A No. 836 of 2009. From the Judgment & Order dated 29.10.2003 of the High Court of Patna in Crl. Appeal No. 36 of 2000. P.S. Mishra, Upendra Mishra, Dhruv Kr. Jha, Thagat B Harshvardhan, Pavan Kumar, Pawan Kr. Sharan for the Appella…
Supreme Court of India10 Mar 2010Full text
2010 INSC 141 · [2010] 3 S.C.R. 271
[2010) 3 S.C.R. 271 JITEN BESRA A v. STATE OF WEST BENGAL (Criminal Appeal No. 1499 of 2007) MARCH 10, 2010 B [V.S. SIRPURKAR AND SURINDER SINGH NIJJAR, JJ.] Penal Code, 1860 - s.302 - Appellant convicted by Courts below for killing his parents-in-law - On basis of circumstantial evidence viz. i) enmity of appellant wi…
Also on Law on Tips: Bare Acts · Legal news and analysis
(2) - ~udgment. · Article 32 and 226 read with Article 12 - Writ jurisdiction of Supreme Court and High Courts - Scope of - Explained. F ADMIN/STRA TION OF JUSTICE: Advocate - Responsibility of - Failure of counsel to render assistance to Court - HELD: In case counsel for the petitioner is not able to render any assist…
Supreme Court of India22 Mar 2010Full text
2010 INSC 160 · [2010] 3 S.C.R. 548
The High Court quashed the charge-sheet on the groum.i that it did not reveal ingredients constituting offences under ss.494 and 406. Hence the present appeal.G Allowing the appeal, the Court HELD: 1.1. From a perusal of the allegations made in the FIR, it is evident that the appellant-wife has clearly H 548 ' K. NEELA…
Supreme Court of India22 Mar 2010Full text
2010 INSC 159 · [2010] 3 S.C.R. 716
,• [2010] 3 S.C.R. 716 A STATE OF HARYANA AND ORS. v. JAGDISH (Criminal Appeal No. 566 of 2010) MARCH 22, 2010 B [K.G. BALAKRISHNAN, CJI., J.M. PANCHAL AND DR. B.S. CHAUHAN, JJ.] Constitution of India, 1950 - Articles 161 and 72 - Life C convict - Pre-mature release - Powers of clemency -Respondent convicted and senten…
Supreme Court of India19 Mar 2010Full text
2010 INSC 158 · [2010] 3 S.C.R. 533
- The Supreme Court as the apex Court in the country was meant to deal with important issues like constitutional F questions, questions of law of general importance or where grave injustice had been done - However, the Court has been converted practically into an ordinary appellate court which was never the intention o…
Supreme Court of India19 Mar 2010Full text
2010 INSC 157 · [2010] 3 S.C.R. 522
The brother of the appellant was found dead. The post mortem report indicated that the death was as a result of natural causes. The investigating officer, on the basis of the statements of the appellant, his relatives and F others as also the post-mortem report, closed th.e investigation. Thereafter the appellant filed…
Supreme Court of India17 Mar 2010Full text
2010 INSC 156 · [2010] 3 S.C.R. 687
688 SUPREME COURT REPORTS (2010] 3 S.C.R. A order was further confirmed in writ appeal by Division Bench of High Court. In appeal to this Court, appellant contended that the State Government derives the legal authority to prohibit a lock-out in terms of section 10(3) only after it had8 referred for adjudication all the…
Supreme Court of India17 Mar 2010Full text
2010 INSC 155 · [2010] 3 S.C.R. 510
In the instant appeal filed by the Revenue, th~ .: · : .. question for consideration before the Court was: whether· · the. assessee was liab.le to pay the penalty u/s 271 (1 )(c). C of the Income Tax Act, 1961? . Dismissing the appeal, the Court. . HELD: 1.1. In order to attract the provisions of s.271 of .the .Income …
Supreme Court of India16 Mar 2010Full text
2010 INSC 154 · [2010] 3 S.C.R. 485
- There is no illegality in the judgment of the High court in 485 H 486 SUPREME COURT REPORTS [2010] 3 S.C.R. A quashing the order dated 29.9.1993 and upholding the seniority of the candidates of 1980-81 batch over the candidates of 1979-81 batch as had been determined as early as on 12. 10. 1982 - Interpretation of st…
Supreme Court of India16 Mar 2010Full text
2010 INSC 153 · [2010] 3 S.C.R. 460
462 SUPREME COURT REPORTS (2010) 3 S.C.R. A comprising of miniature paintings was not delivered to M/ s Pindikas. The respondent filed a claim for compensation of Rs.34.23 lacs representing the value of llliniature paintings. The National Commission held that the insurance policy was obtained on the representation B th…
Supreme Court of India16 Mar 2010Full text
2010 INSC 152 · [2010] 3 S.C.R. 450
The appellants, who had worked for more than 10 years on daily rated basis in Bihar Intermediate Education D Council, filed writ petition before the High Court seeking regularization of their services. Single Judge of High Court directed the Council to consider the claim for regularization. Since there was no positive …
Supreme Court of India16 Mar 2010Full text
2010 INSC 151 · [2010] 3 S.C.R. 438
E Natural justice: Dismissal order - Neither the copy of inquiry report was made available to dismissed employee nor the reason for dismissal disclosed in show cause notice -Held: There was violation of principles of natural justice -Service law - Dismissal. F Evidence Act, 1872: Contents of documents are required to b…
Supreme Court of India15 Mar 2010Full text
2010 INSC 149 · [2010] 3 S.C.R. 401
In appeal to this Court, it was contended by the appellant that the High Court misinterpreted Ex.A-2 as a F 'Will' ignoring the specific stipulation contained therein that it was a 'Settlement Deed'. With reference to s.19 of the Transfer of Property Act, 1882, it was contended that the transfer of the property rights …
Supreme Court of India15 Mar 2010Full text
2010 INSC 148 · [2010] 3 S.C.R. 386
(2010] 3 S.C.R. 386 A OIL AND NATURAL GAS CORPORATION LTD., DEHRADUN THROUGH MANAGING DIRECTOR v. THE COMMISSIONER OF INCOME TAX, DEHRADUN (Civil Appeal No. 7223 of 2008) B MARCH 15, 2010 [D.K. JAIN AND T.5. THAKUR, JJ.] Income Tax Act, 1961: c s.37(1) - AY 1991-92 to 1994-95 and 1997-98 -Deduction on account of fluctu…
Supreme Court of India15 Mar 2010Full text
2010 INSC 147 · [2010] 3 S.C.R. 367
WAGES INSPECTORS ASSOCIATION made by the State Government, the State Government is A directed to extend the benefit of Pay Scale No.10 (4500-9700) to the lnspectors-AMW, to take effect notionally from 1.1.1996, with actual monetary benefits with effect from 1.1.2008. [Para 21] [385-B-C] BRe: Question (1) 2.1. The princ…
Supreme Court of India15 Mar 2010Full text
2010 INSC 146 · [2010] 3 S.C.R. 609
Order and 'Regulation' - Distinction between. Legislation: B Substitution of a statutory provision - Effect of - Held: Substitution of a provision is a combination of repeal and fresh enactment. c Appellants challenged thP. vires of the Central Electricity Regulatory Commission (Fixation of Trading Margin) Regulations,…
Supreme Court of India12 Mar 2010Full text
2010 INSC 145 · [2010] 3 S.C.R. 353
354 SUPREME COURT REPORTS [2010] 3 S.C.R. A Rules - In the absence of any statutory provision laying down the procedure to be followed in determining a claim of juvenility raised before it, the court had to decide the claim of juvenility of the appellant on the materials or evidence brought on record by the parties and…
Supreme Court of India12 Mar 2010Full text
2010 INSC 144 · [2010] 3 S.C.R. 344
(2008) 1 SCC 575; Ghaziabad Development Authority & Anr. v. Ashok Kumar & Anr. (2008) 4 SCC 261, held inapplicable. G 2. In the present case, the respondent had not taken any stand before the Labour Court in his objections that the post in which the workman was working was not sanctioned or that his engagement was cont…
Supreme Court of India11 Mar 2010Full text
2010 INSC 143 · [2010] 4 S.C.R. 604
H 604 AKLOO AHIR v. STATE OF BIHAR 605 CRIMINAL APPELLATE JURISDICTION: Criminal Appeal A No. 836 of 2009. From the Judgment & Order dated 29.10.2003 of the High Court of Patna in Crl. Appeal No. 36 of 2000. P.S. Mishra, Upendra Mishra, Dhruv Kr. Jha, Thagat B Harshvardhan, Pavan Kumar, Pawan Kr. Sharan for the Appella…
Supreme Court of India10 Mar 2010Full text
2010 INSC 141 · [2010] 3 S.C.R. 271
[2010) 3 S.C.R. 271 JITEN BESRA A v. STATE OF WEST BENGAL (Criminal Appeal No. 1499 of 2007) MARCH 10, 2010 B [V.S. SIRPURKAR AND SURINDER SINGH NIJJAR, JJ.] Penal Code, 1860 - s.302 - Appellant convicted by Courts below for killing his parents-in-law - On basis of circumstantial evidence viz. i) enmity of appellant wi…
Also on Law on Tips: Bare Acts · Legal news and analysis