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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.
761–780 · Page 39 of 382
Supreme Court of India27 Feb 2019Full text
2019 INSC 285 · [2019] 4 S.C.R. 868
F Judgments/Orders – Reasoned/Speaking order – Every order/judgment, which decides the lis between the parties, must contain the reasons/grounds for arriving at a particular conclusion – In order to decide as to whether the impugned order is legally sustainable or not, the Appellate Court is entitled to know as to what…
Supreme Court of India27 Feb 2019Full text
2019 INSC 284 · [2019] 4 S.C.R. 875
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.
761–780 · Page 39 of 382
Supreme Court of India27 Feb 2019Full text
2019 INSC 285 · [2019] 4 S.C.R. 868
F Judgments/Orders – Reasoned/Speaking order – Every order/judgment, which decides the lis between the parties, must contain the reasons/grounds for arriving at a particular conclusion – In order to decide as to whether the impugned order is legally sustainable or not, the Appellate Court is entitled to know as to what…
Supreme Court of India27 Feb 2019Full text
2019 INSC 284 · [2019] 4 S.C.R. 875
IPC – In the dying declaration, deceased had only mentioned the name of her sister-in-law and she had not mentioned the names of others – Even the charge sheet for the offence punishable under s.302 IPC was filed only against her sister-in-law – For summoning an accused under s.319, it requires much stronger evidence t…
Supreme Court of India27 Feb 2019Full text
2019 INSC 283 · [2019] 4 S.C.R. 47
– The gift deed was correctly interpreted by the trial court and the First Appellate Court – Further, order of mutation also only refers to the valuation of the property – There was nothing to indicate that the said amount of Rs.5000/- was paid as consideration to the donor – Thus, Judgment of the High Court set aside.…
Supreme Court of India27 Feb 2019Full text
2019 INSC 282 · [2019] 4 S.C.R. 273
273 274 SUPREME COURT REPORTS [2019] 4 S.C.R. A common golden thread of commonality running through them – Antiquities and Art Treasures Act, 1972 – s.30. Antiquities and Art Treasures Act, 1972: s.4 – Whether having regard to the mandate of s.4 of the Antiquities Act, the prosecution under ss.132/135 of the Customs Ac…
Supreme Court of India27 Feb 2019Full text
2019 INSC 280 · [2019] 2 S.C.R. 749
– s.6(1-A). Terrorist and Disruptive Activities (Prevention) Act, 1987: s.3 – Mere possession of walky-talkies per se would not be an offence E under TADA – In the instant case, sanction order in respect of respondent no.3 showed that there was nothing to indicate as to whether the sanctioning authority was conscious o…
Supreme Court of India7 Jan 2019Full text
2019 INSC 28 · [2019] 1 S.C.R. 94
94 STATE OF UTTARAKHAND v. RAJ KUMAR 95 dispute in place of Rs.30,000/- awarded by the Labour Court. A [Paras 12, 13 and 15][98-C-D, G] Bharat Sanchar Nigam Limited v. Bhurumal (2014) 7 SCC 177 : [2013] 16 SCR 1023; District Development Officer and Anr. v. Satish Kantilal Amerelia (2018) 12 SCC 298 : [2017] 12 SCR 414 …
Supreme Court of India27 Feb 2019Full text
2019 INSC 279 · [2019] 4 S.C.R. 899
[2019] 4 S.C.R. 899 899 SHRI RAM MANDIR INDORE A v. STATE OF MADHYA PRADESH AND OTHERS (Civil Appeal No. 5043 of 2009) FEBRUARY 27, 2019 B [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Trusts and Charities: Shri Ram Mandir, Indoukh – Nature of – Mandir, a public temple or a private temple – Held: Shri Ram Mandir, Indoukh is…
Supreme Court of India26 Feb 2019Full text
2019 INSC 278 · [2019] 3 S.C.R. 485
Disposing of the appeals and the writ petition, the Court G HELD: 1.1 On 26.2.2010, Government of India sent its clarification to the Government of Maharashtra regarding the use of extrusion technology and as to mandatory specifications laid down in the recipe dated 28.7.2009. It was clarified by the Government of Indi…
Supreme Court of India26 Feb 2019Full text
2019 INSC 277 · [2019] 2 S.C.R. 732
From the Judgment and Order dated 23.03.2015 of the High Court of Judicature at Madras in C.R.P. (NPD) No. 1261 of 2006 R. Anand Padmanabhan, Romil Pathak, Prawal Chaturvedi, Ms. Nishaka Tyagi, Aravind C. and Shashi Bhushan Kumar, Advs for the appearing parties. E The Judgment of the Court was delivered by R. F. NARIMA…
Supreme Court of India26 Feb 2019Full text
2019 INSC 274 · [2019] 2 S.C.R. 739
H 739 740 SUPREME COURT REPORTS [2019] 2 S.C.R. A CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 2285-2330 of 2019. From the Judgment and Order dated 07.09.2017 of the National Consumer Disputes Redressal Commission, New Delhi in First Appeal Nos. 382, 447, 879, 881, 648, 649, 650, 651, 982, 1145, 1146, 1147, 1315, 7…
Supreme Court of India26 Feb 2019Full text
2019 INSC 272 · [2019] 4 S.C.R. 915
Allowing the appeal, the Court HELD: 1. The controversy in the instant case related to Gthe classification of services rendered by the respondents. It is not in dispute that if the show cause notices culminate into an order, the appeal would lie to this Court. If any finding is recorded by this Court at this stage, sam…
Supreme Court of India26 Feb 2019Full text
2019 INSC 270 · [2019] 3 S.C.R. 400
documentary or otherwise – In the facts of the present case, the statement made in the anticipatory bail application cannot be tested against unimpeachable evidence as evidence has not yet been led – High Court has not scrutinised any evidence as there was none to scrutinise – All that the High Court has seen is a prel…
Supreme Court of India7 Jan 2019Full text
2019 INSC 27 · [2019] 1 S.C.R. 88
cancellation of permission – In cases of national security, a party cannot insist for strict observance of principles of natural justice – Principles of Natural Justice. Dismissing the appeals, the Court E HELD: 1. The impugned order of cancellation was passed in conformity with the requirements of Rule 11C of Cable Te…
Supreme Court of India26 Feb 2019Full text
2019 INSC 269 · [2019] 4 S.C.R. 854
dated 06.03.2014 and redetermination of compensation in terms of the judgment of the High Court – Dismissed – On appeal, held: During the pendency of the present matter, Supreme Court summoned the original record to apprise itself as to the circumstances in which the application u/s.28A was taken up for consideration b…
Supreme Court of India26 Feb 2019Full text
2019 INSC 268 · [2019] 4 S.C.R. 331
– Belated challenge to the ceiling proceedings is meritless – Furthermore, the State after acquiring ownership of the suit property H 331 332 SUPREME COURT REPORTS [2019] 4 S.C.R. A has allotted it to the hospital on 30 years lease and hence the situation has become irreversible – Jurisdiction. Allowing the appeals, th…
Supreme Court of India26 Feb 2019Full text
2019 INSC 267 · [2019] 4 S.C.R. 532
– Reconsideration by larger Bench – Held: VRS itself, more specifically Clause(g), makes Pension Rules applicable– r.21 is clear, i.e.”all leave during service for which leave salary is payable” would count – If an employee is not paid for leave, that period has to be excluded from the period to be counted for admissib…
Supreme Court of India25 Feb 2019Full text
2019 INSC 266 · [2019] 4 S.C.R. 843
[2019] 4 S.C.R. 843 843 VINOD JAIN A v. SANTOKBA DURLABHJI MEMORIAL HOSPITAL & ANR. (Civil Appeal No. 2024 of 2019) FEBRUARY 25, 2019 B [L. NAGESWARA RAO AND SANJAY KISHAN KAUL, JJ.] Consumer Protection Act, 1986: Medical negligence – Claim for compensation – The wife of the claimant-appellant who was suffering from va…
Supreme Court of India25 Feb 2019Full text
2019 INSC 264 · [2019] 4 S.C.R. 31
[2019] 4 S.C.R. 31 31 UNION OF INDIA & ANR. ETC. A v. ANKUR GUPTA & ORS. (Civil Appeal Nos. 2017-2020 of 2019) FEBRUARY 25, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Juvenile Justice (Care and Protection of Children) Act, 2015 – s.57, 58 & 59 – Adoption Regulations, 2017 (framed u/s. 68(C) r/w. cl.(3) of s.2 of the …
Supreme Court of India25 Feb 2019Full text
2019 INSC 263 · [2019] 4 S.C.R. 521
522 SUPREME COURT REPORTS [2019] 4 S.C.R. A set aside or only qua the sole appellant – Held: The entire impugned order is to be set aside against all the accused – An order, which is based entirely on wrong factual premise once held illegal by a superior Court at the instance of one accused, cannot be allowed to stand …
Supreme Court of India25 Feb 2019Full text
2019 INSC 261 · [2019] 4 S.C.R. 487
487 488 SUPREME COURT REPORTS [2019] 4 S.C.R. A re-enactment or repeal of the law or change in law– Art.13.4.1 is subject to Art.13.2 of the PPAs –Art.13.2 is an in-built restitutionary principle which compensates the party affected by such change in law – Art.13.2, however, goes on to divide such restitution into two …
Also on Law on Tips: Bare Acts · Legal news and analysis
IPC – In the dying declaration, deceased had only mentioned the name of her sister-in-law and she had not mentioned the names of others – Even the charge sheet for the offence punishable under s.302 IPC was filed only against her sister-in-law – For summoning an accused under s.319, it requires much stronger evidence t…
Supreme Court of India27 Feb 2019Full text
2019 INSC 283 · [2019] 4 S.C.R. 47
– The gift deed was correctly interpreted by the trial court and the First Appellate Court – Further, order of mutation also only refers to the valuation of the property – There was nothing to indicate that the said amount of Rs.5000/- was paid as consideration to the donor – Thus, Judgment of the High Court set aside.…
Supreme Court of India27 Feb 2019Full text
2019 INSC 282 · [2019] 4 S.C.R. 273
273 274 SUPREME COURT REPORTS [2019] 4 S.C.R. A common golden thread of commonality running through them – Antiquities and Art Treasures Act, 1972 – s.30. Antiquities and Art Treasures Act, 1972: s.4 – Whether having regard to the mandate of s.4 of the Antiquities Act, the prosecution under ss.132/135 of the Customs Ac…
Supreme Court of India27 Feb 2019Full text
2019 INSC 280 · [2019] 2 S.C.R. 749
– s.6(1-A). Terrorist and Disruptive Activities (Prevention) Act, 1987: s.3 – Mere possession of walky-talkies per se would not be an offence E under TADA – In the instant case, sanction order in respect of respondent no.3 showed that there was nothing to indicate as to whether the sanctioning authority was conscious o…
Supreme Court of India7 Jan 2019Full text
2019 INSC 28 · [2019] 1 S.C.R. 94
94 STATE OF UTTARAKHAND v. RAJ KUMAR 95 dispute in place of Rs.30,000/- awarded by the Labour Court. A [Paras 12, 13 and 15][98-C-D, G] Bharat Sanchar Nigam Limited v. Bhurumal (2014) 7 SCC 177 : [2013] 16 SCR 1023; District Development Officer and Anr. v. Satish Kantilal Amerelia (2018) 12 SCC 298 : [2017] 12 SCR 414 …
Supreme Court of India27 Feb 2019Full text
2019 INSC 279 · [2019] 4 S.C.R. 899
[2019] 4 S.C.R. 899 899 SHRI RAM MANDIR INDORE A v. STATE OF MADHYA PRADESH AND OTHERS (Civil Appeal No. 5043 of 2009) FEBRUARY 27, 2019 B [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Trusts and Charities: Shri Ram Mandir, Indoukh – Nature of – Mandir, a public temple or a private temple – Held: Shri Ram Mandir, Indoukh is…
Supreme Court of India26 Feb 2019Full text
2019 INSC 278 · [2019] 3 S.C.R. 485
Disposing of the appeals and the writ petition, the Court G HELD: 1.1 On 26.2.2010, Government of India sent its clarification to the Government of Maharashtra regarding the use of extrusion technology and as to mandatory specifications laid down in the recipe dated 28.7.2009. It was clarified by the Government of Indi…
Supreme Court of India26 Feb 2019Full text
2019 INSC 277 · [2019] 2 S.C.R. 732
From the Judgment and Order dated 23.03.2015 of the High Court of Judicature at Madras in C.R.P. (NPD) No. 1261 of 2006 R. Anand Padmanabhan, Romil Pathak, Prawal Chaturvedi, Ms. Nishaka Tyagi, Aravind C. and Shashi Bhushan Kumar, Advs for the appearing parties. E The Judgment of the Court was delivered by R. F. NARIMA…
Supreme Court of India26 Feb 2019Full text
2019 INSC 274 · [2019] 2 S.C.R. 739
H 739 740 SUPREME COURT REPORTS [2019] 2 S.C.R. A CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 2285-2330 of 2019. From the Judgment and Order dated 07.09.2017 of the National Consumer Disputes Redressal Commission, New Delhi in First Appeal Nos. 382, 447, 879, 881, 648, 649, 650, 651, 982, 1145, 1146, 1147, 1315, 7…
Supreme Court of India26 Feb 2019Full text
2019 INSC 272 · [2019] 4 S.C.R. 915
Allowing the appeal, the Court HELD: 1. The controversy in the instant case related to Gthe classification of services rendered by the respondents. It is not in dispute that if the show cause notices culminate into an order, the appeal would lie to this Court. If any finding is recorded by this Court at this stage, sam…
Supreme Court of India26 Feb 2019Full text
2019 INSC 270 · [2019] 3 S.C.R. 400
documentary or otherwise – In the facts of the present case, the statement made in the anticipatory bail application cannot be tested against unimpeachable evidence as evidence has not yet been led – High Court has not scrutinised any evidence as there was none to scrutinise – All that the High Court has seen is a prel…
Supreme Court of India7 Jan 2019Full text
2019 INSC 27 · [2019] 1 S.C.R. 88
cancellation of permission – In cases of national security, a party cannot insist for strict observance of principles of natural justice – Principles of Natural Justice. Dismissing the appeals, the Court E HELD: 1. The impugned order of cancellation was passed in conformity with the requirements of Rule 11C of Cable Te…
Supreme Court of India26 Feb 2019Full text
2019 INSC 269 · [2019] 4 S.C.R. 854
dated 06.03.2014 and redetermination of compensation in terms of the judgment of the High Court – Dismissed – On appeal, held: During the pendency of the present matter, Supreme Court summoned the original record to apprise itself as to the circumstances in which the application u/s.28A was taken up for consideration b…
Supreme Court of India26 Feb 2019Full text
2019 INSC 268 · [2019] 4 S.C.R. 331
– Belated challenge to the ceiling proceedings is meritless – Furthermore, the State after acquiring ownership of the suit property H 331 332 SUPREME COURT REPORTS [2019] 4 S.C.R. A has allotted it to the hospital on 30 years lease and hence the situation has become irreversible – Jurisdiction. Allowing the appeals, th…
Supreme Court of India26 Feb 2019Full text
2019 INSC 267 · [2019] 4 S.C.R. 532
– Reconsideration by larger Bench – Held: VRS itself, more specifically Clause(g), makes Pension Rules applicable– r.21 is clear, i.e.”all leave during service for which leave salary is payable” would count – If an employee is not paid for leave, that period has to be excluded from the period to be counted for admissib…
Supreme Court of India25 Feb 2019Full text
2019 INSC 266 · [2019] 4 S.C.R. 843
[2019] 4 S.C.R. 843 843 VINOD JAIN A v. SANTOKBA DURLABHJI MEMORIAL HOSPITAL & ANR. (Civil Appeal No. 2024 of 2019) FEBRUARY 25, 2019 B [L. NAGESWARA RAO AND SANJAY KISHAN KAUL, JJ.] Consumer Protection Act, 1986: Medical negligence – Claim for compensation – The wife of the claimant-appellant who was suffering from va…
Supreme Court of India25 Feb 2019Full text
2019 INSC 264 · [2019] 4 S.C.R. 31
[2019] 4 S.C.R. 31 31 UNION OF INDIA & ANR. ETC. A v. ANKUR GUPTA & ORS. (Civil Appeal Nos. 2017-2020 of 2019) FEBRUARY 25, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Juvenile Justice (Care and Protection of Children) Act, 2015 – s.57, 58 & 59 – Adoption Regulations, 2017 (framed u/s. 68(C) r/w. cl.(3) of s.2 of the …
Supreme Court of India25 Feb 2019Full text
2019 INSC 263 · [2019] 4 S.C.R. 521
522 SUPREME COURT REPORTS [2019] 4 S.C.R. A set aside or only qua the sole appellant – Held: The entire impugned order is to be set aside against all the accused – An order, which is based entirely on wrong factual premise once held illegal by a superior Court at the instance of one accused, cannot be allowed to stand …
Supreme Court of India25 Feb 2019Full text
2019 INSC 261 · [2019] 4 S.C.R. 487
487 488 SUPREME COURT REPORTS [2019] 4 S.C.R. A re-enactment or repeal of the law or change in law– Art.13.4.1 is subject to Art.13.2 of the PPAs –Art.13.2 is an in-built restitutionary principle which compensates the party affected by such change in law – Art.13.2, however, goes on to divide such restitution into two …
Also on Law on Tips: Bare Acts · Legal news and analysis