⚖
Loading…
Loading…
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.
801–820 · Page 41 of 382
Supreme Court of India20 Feb 2019Full text
2019 INSC 234 · [2019] 4 S.C.R. 600
602 SUPREME COURT REPORTS [2019] 4 S.C.R. A Ms.Babita Sant, Ms.Malini Poduval, Advs. for the Appellant. M.Yogesh Kanna, Adv. for the Respondent. The Judgment of the Court was delivered by DINESH MAHESHWARI, J. 1. In this appeal, the appellant-B accused has called in question the judgment and order dated 07.01.2009 in C…
Supreme Court of India4 Feb 2019Full text
2019 INSC 233 · [2019] 2 S.C.R. 97
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.
801–820 · Page 41 of 382
Supreme Court of India20 Feb 2019Full text
2019 INSC 234 · [2019] 4 S.C.R. 600
602 SUPREME COURT REPORTS [2019] 4 S.C.R. A Ms.Babita Sant, Ms.Malini Poduval, Advs. for the Appellant. M.Yogesh Kanna, Adv. for the Respondent. The Judgment of the Court was delivered by DINESH MAHESHWARI, J. 1. In this appeal, the appellant-B accused has called in question the judgment and order dated 07.01.2009 in C…
Supreme Court of India4 Feb 2019Full text
2019 INSC 233 · [2019] 2 S.C.R. 97
98 SUPREME COURT REPORTS [2019] 2 S.C.R. A by the Board under Forest Conservation Act, to the State Government – Appeals disposed of – Forest Conservation Act, 1980. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11935 of 2018. From the Judgment and Order dated 28.11.2018 of the National B Green Tribunal Principal Ben…
Supreme Court of India20 Feb 2019Full text
2019 INSC 231 · [2019] 4 S.C.R. 409
s.80-IC does not lay down correct law – No reason as to why 100% deduction of the profits and gains be not allowed to even those units who availed this deduction on setting up a new unit and have now invested huge amount with substantial expansion of those units. Income Tax Act, 1961 – ss.80-IB(14) and 80-IC – C Held: …
Supreme Court of India7 Jan 2019Full text
2019 INSC 23 · [2019] 1 S.C.R. 312
Bias – Allegation of – Against quasi-judicial authority – Permissibility – Held: Plea of alleged bias is permissible in law to H 312 MANISH S. PARDASANI (M/S WINE KORNDER) ETC. ETC. v. 313 INSPECTOR STATE EXCISE impugn the action/order of quasi-judicial authority – However, such A plea has to be founded on substantial …
Supreme Court of India20 Feb 2019Full text
2019 INSC 229 · [2019] 4 S.C.R. 863
Criminal Appeal No. 618 of 2005. Anand Grover, Sr. Adv., Himanshu Agarwal, Shadan Farasat, Ms. Jahnavi Sindhu, Ms. Shruti Narayan, Anshu Raj Singh, Ms. Tripti Tandon, Advs. for the Appellant. D Ms. Deepa Kulkarni, Nishant Ramakantrao Katneshwarkar, Advs. for the Respondents. The Judgment of the Court was delivered by M…
Supreme Court of India19 Feb 2019Full text
2019 INSC 228 · [2019] 3 S.C.R. 1067
– Held: It is apparent from the resolution passed by the High Powered Selection Committee constituted u/s. 4A that appointment D of the interim Director was authorised by the Committee – Therefore, the appointment was not unauthorised or illegal – The petition was filed in undue haste without verifying the fact as to w…
Supreme Court of India19 Feb 2019Full text
2019 INSC 227 · [2019] 5 S.C.R. 829
(O & M), C.R. No. 5510 of 2015 (O & M) to C.R. No. 5512 of 2015 (O & M) and C.R. No. 4253 of 2015 (O & M). With Civil Appeal Nos. 1443-1444 of 2019. H MUNICIPAL COUNCIL THANESAR v. VIRENDER KUMAR 831 ETC. Ajay Majithia, Shekhar Kumar, Advs. for the Appellants. A A. Tewari, Ms. Eliza Bar, Shree Pal Singh, Riju Mani Talu…
Supreme Court of India19 Feb 2019Full text
2019 INSC 226 · [2019] 4 S.C.R. 545
[2019] 4 S.C.R. 545 545 BALVIR SINGH A v. STATE OF MADHYA PRADESH (Criminal Appeal No.1115 of 2010) FEBRUARY 19, 2019 B [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Penal Code, 1860 – ss. 341, 302 r/w. 34 – Arms Act – s. 25(1A) r/w. s.27 – Prosecution case was that PW-2, PW-13 and victim were going on a motorcycle, on the …
Supreme Court of India19 Feb 2019Full text
2019 INSC 225 · [2019] 4 S.C.R. 577
Allowing the appeals, the Court HELD: 1.1 The High Court, in the instant case also should have awarded compensation at the rate of 100% to each respondent alike the one awarded in other case which had attained finality. There is no justification to award compensation at the F rate of 200% to the respondents when in oth…
Supreme Court of India19 Feb 2019Full text
2019 INSC 224 · [2019] 4 S.C.R. 564
G Disposing of the appeal, the Court HELD: 1. In the present case, a perusal of the facts and the record clearly indicate that the prosecution has proved beyond reasonable doubt that Accused /Respondent No. 1 had inflicted four injuries, on the Complainant by using a knife. The oral H 564 STATE OF MADHYA PRADESH v. HAR…
Supreme Court of India18 Feb 2019Full text
2019 INSC 221 · [2019] 3 S.C.R. 1036
directing the Corporation to provide each respondent suitable land in the same or adjacent area – On appeal, held: s. 312 prohibits erection of any structure without permission of the Corporation upon any street, open channel, drain, well or tank in any street which causes obstruction or encroachment etc.– s. 314(1) em…
Supreme Court of India18 Feb 2019Full text
2019 INSC 220 · [2019] 3 S.C.R. 777
domain prescribed by statute – It is obvious that an appeal would lie from an order or decision of the appellate authority u/s.28 of the Water Act to the NGT only u/s.33B(a) of the Water Act r/w. s.16(a) of the NGT Act – Similarly, an appeal would lie from an order or decision of the appellate authority u/s.31 of the A…
Supreme Court of India7 Jan 2019Full text
2019 INSC 22 · [2019] 1 S.C.R. 463
Allowing the appeal, the Court HELD: 1.1 Sub-section (1) of Section 21 provides that before raising an objection to territorial jurisdiction before an appellate B or revisional court, two conditions precedent must be fulfiled: i)The objection must be taken in the court of first instance at the earliest possible opportu…
Supreme Court of India15 Feb 2019Full text
2019 INSC 216 · [2019] 2 S.C.R. 185
185 186 SUPREME COURT REPORTS [2019] 2 S.C.R. A the averments in the complaint constitute the ingredients necessary for an offence alleged under the Penal Code. If the averments taken on their face do not constitute the ingredients necessary for the offence, the criminal proceedings may be quashed under Section 482. Th…
Supreme Court of India15 Feb 2019Full text
2019 INSC 215 · [2019] 3 S.C.R. 991
G Review: Review jurisdiction – Exercise of – When – Held: To exercise review jurisdiction, the error must be self-evident – An error which is required to be detected by a process of reasoning can hardly be said to be an error apparent on the face of the record – On facts, the exercise of jurisdiction was not correct –…
Supreme Court of India15 Feb 2019Full text
2019 INSC 214 · [2019] 4 S.C.R. 582
Communications were intimated to the respondent to report to the unit of attachment – Writ petition before Manipur High Court by respondent challenging the legality of these orders – Jurisdiction of the Manipur High Court challenged on the ground that the respondent at the time of the initiation of the action of attach…
Supreme Court of India15 Feb 2019Full text
2019 INSC 211 · [2019] 2 S.C.R. 239
F Allowing the appeal, the Court HELD: 1.1 The principle of incorporation by reference of an arbitration clause, from another document or contract is a well-established principle in arbitration jurisprudence and has been given statutory recognition in sub-section (5) of Section 7 of the G Arbitration and Conciliation A…
Supreme Court of India15 Feb 2019Full text
2019 INSC 210 · [2019] 2 S.C.R. 199
5. It is correct that there have been undue delays in filling up of the vacancies. It is expected that the vacancies shall be H filled up, in future, well in time. [Para 34][226-F] ANJALI BHARDWAJ AND ORS v. UNION OF INDIA AND ORS 201 6.1 From the status report of Union of India it becomes A clear that the procedure is…
Supreme Court of India15 Feb 2019Full text
2019 INSC 208 · [2019] 3 S.C.R. 372
Case Law Reference E [2011] 9 SCR 859 referred to Para 7 [2012] 9 SCR 244 referred to Para 7 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal F Nos. 283-285 of 2019. From the Judgment and Order dated 30.01.2015 of the High Court of Punjab and Haryana at Chandigarh in CRM Nos.20593 of 2014, 26949 of 2014 and 3118 of 20…
Supreme Court of India15 Feb 2019Full text
2019 INSC 204 · [2019] 2 S.C.R. 169
performance of agreement rightly rejected by the first appellate court and the High Court – Code of Civil Procedure, 1908 – s. 100, 100(5). Dismissing the appeal, the Court HELD : 1.1 The High Court and the First Appellate Court G rightly held that in the instant suit, specific performance of the agreement cannot be en…
Also on Law on Tips: Bare Acts · Legal news and analysis
98 SUPREME COURT REPORTS [2019] 2 S.C.R. A by the Board under Forest Conservation Act, to the State Government – Appeals disposed of – Forest Conservation Act, 1980. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11935 of 2018. From the Judgment and Order dated 28.11.2018 of the National B Green Tribunal Principal Ben…
Supreme Court of India20 Feb 2019Full text
2019 INSC 231 · [2019] 4 S.C.R. 409
s.80-IC does not lay down correct law – No reason as to why 100% deduction of the profits and gains be not allowed to even those units who availed this deduction on setting up a new unit and have now invested huge amount with substantial expansion of those units. Income Tax Act, 1961 – ss.80-IB(14) and 80-IC – C Held: …
Supreme Court of India7 Jan 2019Full text
2019 INSC 23 · [2019] 1 S.C.R. 312
Bias – Allegation of – Against quasi-judicial authority – Permissibility – Held: Plea of alleged bias is permissible in law to H 312 MANISH S. PARDASANI (M/S WINE KORNDER) ETC. ETC. v. 313 INSPECTOR STATE EXCISE impugn the action/order of quasi-judicial authority – However, such A plea has to be founded on substantial …
Supreme Court of India20 Feb 2019Full text
2019 INSC 229 · [2019] 4 S.C.R. 863
Criminal Appeal No. 618 of 2005. Anand Grover, Sr. Adv., Himanshu Agarwal, Shadan Farasat, Ms. Jahnavi Sindhu, Ms. Shruti Narayan, Anshu Raj Singh, Ms. Tripti Tandon, Advs. for the Appellant. D Ms. Deepa Kulkarni, Nishant Ramakantrao Katneshwarkar, Advs. for the Respondents. The Judgment of the Court was delivered by M…
Supreme Court of India19 Feb 2019Full text
2019 INSC 228 · [2019] 3 S.C.R. 1067
– Held: It is apparent from the resolution passed by the High Powered Selection Committee constituted u/s. 4A that appointment D of the interim Director was authorised by the Committee – Therefore, the appointment was not unauthorised or illegal – The petition was filed in undue haste without verifying the fact as to w…
Supreme Court of India19 Feb 2019Full text
2019 INSC 227 · [2019] 5 S.C.R. 829
(O & M), C.R. No. 5510 of 2015 (O & M) to C.R. No. 5512 of 2015 (O & M) and C.R. No. 4253 of 2015 (O & M). With Civil Appeal Nos. 1443-1444 of 2019. H MUNICIPAL COUNCIL THANESAR v. VIRENDER KUMAR 831 ETC. Ajay Majithia, Shekhar Kumar, Advs. for the Appellants. A A. Tewari, Ms. Eliza Bar, Shree Pal Singh, Riju Mani Talu…
Supreme Court of India19 Feb 2019Full text
2019 INSC 226 · [2019] 4 S.C.R. 545
[2019] 4 S.C.R. 545 545 BALVIR SINGH A v. STATE OF MADHYA PRADESH (Criminal Appeal No.1115 of 2010) FEBRUARY 19, 2019 B [R. BANUMATHI AND R. SUBHASH REDDY, JJ.] Penal Code, 1860 – ss. 341, 302 r/w. 34 – Arms Act – s. 25(1A) r/w. s.27 – Prosecution case was that PW-2, PW-13 and victim were going on a motorcycle, on the …
Supreme Court of India19 Feb 2019Full text
2019 INSC 225 · [2019] 4 S.C.R. 577
Allowing the appeals, the Court HELD: 1.1 The High Court, in the instant case also should have awarded compensation at the rate of 100% to each respondent alike the one awarded in other case which had attained finality. There is no justification to award compensation at the F rate of 200% to the respondents when in oth…
Supreme Court of India19 Feb 2019Full text
2019 INSC 224 · [2019] 4 S.C.R. 564
G Disposing of the appeal, the Court HELD: 1. In the present case, a perusal of the facts and the record clearly indicate that the prosecution has proved beyond reasonable doubt that Accused /Respondent No. 1 had inflicted four injuries, on the Complainant by using a knife. The oral H 564 STATE OF MADHYA PRADESH v. HAR…
Supreme Court of India18 Feb 2019Full text
2019 INSC 221 · [2019] 3 S.C.R. 1036
directing the Corporation to provide each respondent suitable land in the same or adjacent area – On appeal, held: s. 312 prohibits erection of any structure without permission of the Corporation upon any street, open channel, drain, well or tank in any street which causes obstruction or encroachment etc.– s. 314(1) em…
Supreme Court of India18 Feb 2019Full text
2019 INSC 220 · [2019] 3 S.C.R. 777
domain prescribed by statute – It is obvious that an appeal would lie from an order or decision of the appellate authority u/s.28 of the Water Act to the NGT only u/s.33B(a) of the Water Act r/w. s.16(a) of the NGT Act – Similarly, an appeal would lie from an order or decision of the appellate authority u/s.31 of the A…
Supreme Court of India7 Jan 2019Full text
2019 INSC 22 · [2019] 1 S.C.R. 463
Allowing the appeal, the Court HELD: 1.1 Sub-section (1) of Section 21 provides that before raising an objection to territorial jurisdiction before an appellate B or revisional court, two conditions precedent must be fulfiled: i)The objection must be taken in the court of first instance at the earliest possible opportu…
Supreme Court of India15 Feb 2019Full text
2019 INSC 216 · [2019] 2 S.C.R. 185
185 186 SUPREME COURT REPORTS [2019] 2 S.C.R. A the averments in the complaint constitute the ingredients necessary for an offence alleged under the Penal Code. If the averments taken on their face do not constitute the ingredients necessary for the offence, the criminal proceedings may be quashed under Section 482. Th…
Supreme Court of India15 Feb 2019Full text
2019 INSC 215 · [2019] 3 S.C.R. 991
G Review: Review jurisdiction – Exercise of – When – Held: To exercise review jurisdiction, the error must be self-evident – An error which is required to be detected by a process of reasoning can hardly be said to be an error apparent on the face of the record – On facts, the exercise of jurisdiction was not correct –…
Supreme Court of India15 Feb 2019Full text
2019 INSC 214 · [2019] 4 S.C.R. 582
Communications were intimated to the respondent to report to the unit of attachment – Writ petition before Manipur High Court by respondent challenging the legality of these orders – Jurisdiction of the Manipur High Court challenged on the ground that the respondent at the time of the initiation of the action of attach…
Supreme Court of India15 Feb 2019Full text
2019 INSC 211 · [2019] 2 S.C.R. 239
F Allowing the appeal, the Court HELD: 1.1 The principle of incorporation by reference of an arbitration clause, from another document or contract is a well-established principle in arbitration jurisprudence and has been given statutory recognition in sub-section (5) of Section 7 of the G Arbitration and Conciliation A…
Supreme Court of India15 Feb 2019Full text
2019 INSC 210 · [2019] 2 S.C.R. 199
5. It is correct that there have been undue delays in filling up of the vacancies. It is expected that the vacancies shall be H filled up, in future, well in time. [Para 34][226-F] ANJALI BHARDWAJ AND ORS v. UNION OF INDIA AND ORS 201 6.1 From the status report of Union of India it becomes A clear that the procedure is…
Supreme Court of India15 Feb 2019Full text
2019 INSC 208 · [2019] 3 S.C.R. 372
Case Law Reference E [2011] 9 SCR 859 referred to Para 7 [2012] 9 SCR 244 referred to Para 7 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal F Nos. 283-285 of 2019. From the Judgment and Order dated 30.01.2015 of the High Court of Punjab and Haryana at Chandigarh in CRM Nos.20593 of 2014, 26949 of 2014 and 3118 of 20…
Supreme Court of India15 Feb 2019Full text
2019 INSC 204 · [2019] 2 S.C.R. 169
performance of agreement rightly rejected by the first appellate court and the High Court – Code of Civil Procedure, 1908 – s. 100, 100(5). Dismissing the appeal, the Court HELD : 1.1 The High Court and the First Appellate Court G rightly held that in the instant suit, specific performance of the agreement cannot be en…
Also on Law on Tips: Bare Acts · Legal news and analysis