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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.
821–840 · Page 42 of 382
Supreme Court of India15 Feb 2019Full text
2019 INSC 203 · [2019] 2 S.C.R. 254
254 SUPREME [2019]COURT2 REPORTSS.C.R. 254 [2019] 2 S.C.R. A ESSAR SHIPPING LTD. v. THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA (Civil Appeal No. 5654 of 2007) FEBRUARY 15, 2019 B [ABHAY MANOHAR SAPRE AND UDAY UMESH LALIT, JJ.] Major Port Trust Act, 1963: Liability of vessel – For causing damage – Accident while ber…
Supreme Court of India14 Feb 2019Full text
2019 INSC 202 · [2019] 3 S.C.R. 1060
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.
821–840 · Page 42 of 382
Supreme Court of India15 Feb 2019Full text
2019 INSC 203 · [2019] 2 S.C.R. 254
254 SUPREME [2019]COURT2 REPORTSS.C.R. 254 [2019] 2 S.C.R. A ESSAR SHIPPING LTD. v. THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA (Civil Appeal No. 5654 of 2007) FEBRUARY 15, 2019 B [ABHAY MANOHAR SAPRE AND UDAY UMESH LALIT, JJ.] Major Port Trust Act, 1963: Liability of vessel – For causing damage – Accident while ber…
Supreme Court of India14 Feb 2019Full text
2019 INSC 202 · [2019] 3 S.C.R. 1060
Malik Mazhar Sultan (3) and Another v. Uttar Pradesh Public Service Commission and Others (2008) 17 SCC H 703 – relied on. 1060 RAHUL DUTTA & ORS. v. THE STATE OF BIHAR & ORS. 1061 Case Law Reference A (2008) 17 SCC 703 relied on Para 3 CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 71 of 201. [UNDER ARTICLE 3…
Supreme Court of India14 Feb 2019Full text
2019 INSC 201 · [2019] 3 S.C.R. 367
Partly allowing the appeal, the Court E HELD: 1.1 It was necessary for the Magistrate to have ensured compliance of Section 31 of the Code of Criminal Procedure, 1973 when she convicted and sentenced the appellant for two offences in a trial and inflicted two punishments for each offence, namely, Section 279 and Sectio…
Supreme Court of India14 Feb 2019Full text
2019 INSC 200 · [2019] 3 S.C.R. 329
whereas, the High Court adopted a strict interpretation of the evidence on the touchstone of proof beyond reasonable doubt – Non-examination of the pillion rider, not fatal to appellant’s case since the other evidence on record was good enough to prima facie establish the manner in which the accident had occurred and t…
Supreme Court of India7 Jan 2019Full text
2019 INSC 20 · [2019] 1 S.C.R. 68
Court while deciding the writ petitions and the intra Court appeals – Writ Court rightly dismissed the writ petitions inter alia on the ground of non-impleadment of the two workers in whose favour the orders were passed by the authorities under the Act as they were necessary parties in the writ petitions – Impleadment …
Supreme Court of India3 Jan 2019Full text
2019 INSC 2 · [2019] 3 S.C.R. 273
E State of Bihar v. Ramesh Singh 1977 Cri lJ 1606 – relied on. 2.1 The dispute arose out of a loan transaction between the parties. Record showed that respondent no.2 knew the appellant and the attendant circumstances before lending the loan. F Further, admittedly, in order to recover the said amount, respondent no. 2 …
Supreme Court of India14 Feb 2019Full text
2019 INSC 199 · [2019] 3 S.C.R. 1047
F CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 267 of 2019. From the Judgment and Order dated 13.06.2017 of the High Court at Guwahati (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) in W.P. (C) No. 1011 of 2017. G Pijush K. Roy, Mrs. Kakali Roy, Rajan K. Chourasia, Advs. for the Appellant. …
Supreme Court of India14 Feb 2019Full text
2019 INSC 198 · [2019] 2 S.C.R. 722
no approval was obtained for the purpose of removal – Government also pleaded in its reply that approval of appointment was made necessary considering the arbitrariness in the appointments which was prevailing, and once approval for appointment was necessary there is no doubt that approval for removal was also necessar…
Supreme Court of India14 Feb 2019Full text
2019 INSC 197 · [2019] 3 S.C.R. 357
Allowing the appeal, the Court HELD: 1.1 Article 226(2) of the Constitution empowers F the High Court to entertain the writ petition if the cause of action to file such writ petition against the respondents of the said writ petition has arisen wholly or in part within the territorial jurisdiction of ‘A’ High Court. Cla…
Supreme Court of India14 Feb 2019Full text
2019 INSC 196 · [2019] 8 S.C.R. 266
Review: Rape and murder of eight years old girl – Conviction G under ss.376 and 302 and death sentence – Concurrent finding of trial court and High Court – Special leave petition against the same dismissed – Review petition also dismissed – Second review petition filed in view of Constitution Bench decision in Mohd. Ar…
Supreme Court of India14 Feb 2019Full text
2019 INSC 194 · [2019] 3 S.C.R. 28
after they are allocated to NCTD – However, claim of Union of India is that it comes within the discretionary powers of the Lieutenant Governor (LG) as the subject matter is not covered by Entry 41 of List II – Held: (Per A.K. Sikri, J.) – Entry 41 of List II deals with ‘State Public Services’ and ‘State Public Service…
Supreme Court of India13 Feb 2019Full text
2019 INSC 193 · [2019] 4 S.C.R. 1
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 263 of 2019. F From the Judgment and Order dated 20.11.2018/Order on quantum of sentence dated 21.12.2018 of the High Court of Himachal Pradesh at Shimla in Cr. Appeal No. 448 of 2010. Ms. Radhika Gautam, Adv. for the Appellants. The Order of the Court was passed by …
Supreme Court of India13 Feb 2019Full text
2019 INSC 192 · [2019] 2 S.C.R. 150
TNEB v. TNEB-THOZHILALAR AYKKIYA SANGAM 151 Allowance at a higher rate than what was granted by the State A Government to its employees is not warranted – Industrial Disputes Act, 1947 – s. 18. Allowing the appeals, the Court HELD: 1. Payment of Dearness Allowance was governed by the Wage Settlement dated 08.07.1998 an…
Supreme Court of India13 Feb 2019Full text
2019 INSC 191 · [2019] 2 S.C.R. 131
[2019] 2 S.C.R. 131 131 UNION OF INDIA & ORS. A v. C. GIRIJA & ORS. (Civil Appeal No. 1577 of 2019) FEBRUARY 13, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Service law: Promotion – Belated representation – Notification inviting applications for filling up of 05 posts under 30% LDCE quota (04 unreserved and 01 reserve…
Supreme Court of India13 Feb 2019Full text
2019 INSC 190 · [2019] 4 S.C.R. 610
intermediate post was set aside by High Court – Pursuant to the order of High Court, State deleted the post of ‘Senior Operator’ and refixed the scales of pay corresponding to the existing pre-revised scales of pay – Review petition by the respondent-Authority dismissed – Writ appeals allowed by Division Bench of High …
Supreme Court of India7 Jan 2019Full text
2019 INSC 19 · [2019] 1 S.C.R. 63
64 SUPREME COURT REPORTS [2019] 1 S.C.R. A Sanchar Nigam Limited’s case. The respondent is awarded Rs.1 lakh in lieu of his right to claim re-instatement and back wages in full and final satisfaction of this dispute. [Paras 11-14][67-B-E] Bharat Sanchar Nigam Limited v. Bhurumal (2014) 7 SCC 177 – relied on. B District…
Supreme Court of India13 Feb 2019Full text
2019 INSC 189 · [2019] 3 S.C.R. 749
[2019] 3 S.C.R. 749 749 VASANT CHEMICALS LIMITED A v. THE MANAGING DIRECTOR, HYDERABAD METROPOLITIAN WATER SUPPLY AND SEWERAGE BOARD AND OTHERS B (Civil Appeal Nos. 4616-4617 of 2009) FEBRUARY 13, 2019 [R. BANUMATHI AND INDIRA BANERJEE, JJ.] Hyderabad Metropolitan Water Supply and Sewerage Act, 1989: C s.55 – Charges t…
Supreme Court of India13 Feb 2019Full text
2019 INSC 188 · [2019] 3 S.C.R. 310
– High Court held that the Public Prosecutor did not apply his mind and thus mandatory requirement of the proviso to s.43D(2)(b) was not fulfilled – On appeal, held: The first document, purporting to E be the application of the IO, contained the reasons for extended period of investigation but the second document detai…
Supreme Court of India12 Feb 2019Full text
2019 INSC 187 · [2019] 3 S.C.R. 1050
1050 M/S SCG CONTRACTS INDIA PVT. LTD. v. K. S. CHAMANKAR 1051 INFRASTRUCTURE PVT. LTD. interpretation of a statutory prohibition – Thus, the written statement A of defendant no. 1 to be taken off the record – Res judicata. Allowing the appeal, the Court HELD: 1.1 A perusal of the amendments made in the wake of the Com…
Supreme Court of India12 Feb 2019Full text
2019 INSC 186 · [2019] 3 S.C.R. 725
of unearned increase by DDA – Also, since income tax department had already paid unearned increase, DDA was not entitled to raise any demand of unearned increase – On interpreting the auction notice and the sale deed it is clear that what was transferred to the respondent was leasehold right – Therefore, the respondent…
Also on Law on Tips: Bare Acts · Legal news and analysis
Malik Mazhar Sultan (3) and Another v. Uttar Pradesh Public Service Commission and Others (2008) 17 SCC H 703 – relied on. 1060 RAHUL DUTTA & ORS. v. THE STATE OF BIHAR & ORS. 1061 Case Law Reference A (2008) 17 SCC 703 relied on Para 3 CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 71 of 201. [UNDER ARTICLE 3…
Supreme Court of India14 Feb 2019Full text
2019 INSC 201 · [2019] 3 S.C.R. 367
Partly allowing the appeal, the Court E HELD: 1.1 It was necessary for the Magistrate to have ensured compliance of Section 31 of the Code of Criminal Procedure, 1973 when she convicted and sentenced the appellant for two offences in a trial and inflicted two punishments for each offence, namely, Section 279 and Sectio…
Supreme Court of India14 Feb 2019Full text
2019 INSC 200 · [2019] 3 S.C.R. 329
whereas, the High Court adopted a strict interpretation of the evidence on the touchstone of proof beyond reasonable doubt – Non-examination of the pillion rider, not fatal to appellant’s case since the other evidence on record was good enough to prima facie establish the manner in which the accident had occurred and t…
Supreme Court of India7 Jan 2019Full text
2019 INSC 20 · [2019] 1 S.C.R. 68
Court while deciding the writ petitions and the intra Court appeals – Writ Court rightly dismissed the writ petitions inter alia on the ground of non-impleadment of the two workers in whose favour the orders were passed by the authorities under the Act as they were necessary parties in the writ petitions – Impleadment …
Supreme Court of India3 Jan 2019Full text
2019 INSC 2 · [2019] 3 S.C.R. 273
E State of Bihar v. Ramesh Singh 1977 Cri lJ 1606 – relied on. 2.1 The dispute arose out of a loan transaction between the parties. Record showed that respondent no.2 knew the appellant and the attendant circumstances before lending the loan. F Further, admittedly, in order to recover the said amount, respondent no. 2 …
Supreme Court of India14 Feb 2019Full text
2019 INSC 199 · [2019] 3 S.C.R. 1047
F CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 267 of 2019. From the Judgment and Order dated 13.06.2017 of the High Court at Guwahati (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) in W.P. (C) No. 1011 of 2017. G Pijush K. Roy, Mrs. Kakali Roy, Rajan K. Chourasia, Advs. for the Appellant. …
Supreme Court of India14 Feb 2019Full text
2019 INSC 198 · [2019] 2 S.C.R. 722
no approval was obtained for the purpose of removal – Government also pleaded in its reply that approval of appointment was made necessary considering the arbitrariness in the appointments which was prevailing, and once approval for appointment was necessary there is no doubt that approval for removal was also necessar…
Supreme Court of India14 Feb 2019Full text
2019 INSC 197 · [2019] 3 S.C.R. 357
Allowing the appeal, the Court HELD: 1.1 Article 226(2) of the Constitution empowers F the High Court to entertain the writ petition if the cause of action to file such writ petition against the respondents of the said writ petition has arisen wholly or in part within the territorial jurisdiction of ‘A’ High Court. Cla…
Supreme Court of India14 Feb 2019Full text
2019 INSC 196 · [2019] 8 S.C.R. 266
Review: Rape and murder of eight years old girl – Conviction G under ss.376 and 302 and death sentence – Concurrent finding of trial court and High Court – Special leave petition against the same dismissed – Review petition also dismissed – Second review petition filed in view of Constitution Bench decision in Mohd. Ar…
Supreme Court of India14 Feb 2019Full text
2019 INSC 194 · [2019] 3 S.C.R. 28
after they are allocated to NCTD – However, claim of Union of India is that it comes within the discretionary powers of the Lieutenant Governor (LG) as the subject matter is not covered by Entry 41 of List II – Held: (Per A.K. Sikri, J.) – Entry 41 of List II deals with ‘State Public Services’ and ‘State Public Service…
Supreme Court of India13 Feb 2019Full text
2019 INSC 193 · [2019] 4 S.C.R. 1
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 263 of 2019. F From the Judgment and Order dated 20.11.2018/Order on quantum of sentence dated 21.12.2018 of the High Court of Himachal Pradesh at Shimla in Cr. Appeal No. 448 of 2010. Ms. Radhika Gautam, Adv. for the Appellants. The Order of the Court was passed by …
Supreme Court of India13 Feb 2019Full text
2019 INSC 192 · [2019] 2 S.C.R. 150
TNEB v. TNEB-THOZHILALAR AYKKIYA SANGAM 151 Allowance at a higher rate than what was granted by the State A Government to its employees is not warranted – Industrial Disputes Act, 1947 – s. 18. Allowing the appeals, the Court HELD: 1. Payment of Dearness Allowance was governed by the Wage Settlement dated 08.07.1998 an…
Supreme Court of India13 Feb 2019Full text
2019 INSC 191 · [2019] 2 S.C.R. 131
[2019] 2 S.C.R. 131 131 UNION OF INDIA & ORS. A v. C. GIRIJA & ORS. (Civil Appeal No. 1577 of 2019) FEBRUARY 13, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Service law: Promotion – Belated representation – Notification inviting applications for filling up of 05 posts under 30% LDCE quota (04 unreserved and 01 reserve…
Supreme Court of India13 Feb 2019Full text
2019 INSC 190 · [2019] 4 S.C.R. 610
intermediate post was set aside by High Court – Pursuant to the order of High Court, State deleted the post of ‘Senior Operator’ and refixed the scales of pay corresponding to the existing pre-revised scales of pay – Review petition by the respondent-Authority dismissed – Writ appeals allowed by Division Bench of High …
Supreme Court of India7 Jan 2019Full text
2019 INSC 19 · [2019] 1 S.C.R. 63
64 SUPREME COURT REPORTS [2019] 1 S.C.R. A Sanchar Nigam Limited’s case. The respondent is awarded Rs.1 lakh in lieu of his right to claim re-instatement and back wages in full and final satisfaction of this dispute. [Paras 11-14][67-B-E] Bharat Sanchar Nigam Limited v. Bhurumal (2014) 7 SCC 177 – relied on. B District…
Supreme Court of India13 Feb 2019Full text
2019 INSC 189 · [2019] 3 S.C.R. 749
[2019] 3 S.C.R. 749 749 VASANT CHEMICALS LIMITED A v. THE MANAGING DIRECTOR, HYDERABAD METROPOLITIAN WATER SUPPLY AND SEWERAGE BOARD AND OTHERS B (Civil Appeal Nos. 4616-4617 of 2009) FEBRUARY 13, 2019 [R. BANUMATHI AND INDIRA BANERJEE, JJ.] Hyderabad Metropolitan Water Supply and Sewerage Act, 1989: C s.55 – Charges t…
Supreme Court of India13 Feb 2019Full text
2019 INSC 188 · [2019] 3 S.C.R. 310
– High Court held that the Public Prosecutor did not apply his mind and thus mandatory requirement of the proviso to s.43D(2)(b) was not fulfilled – On appeal, held: The first document, purporting to E be the application of the IO, contained the reasons for extended period of investigation but the second document detai…
Supreme Court of India12 Feb 2019Full text
2019 INSC 187 · [2019] 3 S.C.R. 1050
1050 M/S SCG CONTRACTS INDIA PVT. LTD. v. K. S. CHAMANKAR 1051 INFRASTRUCTURE PVT. LTD. interpretation of a statutory prohibition – Thus, the written statement A of defendant no. 1 to be taken off the record – Res judicata. Allowing the appeal, the Court HELD: 1.1 A perusal of the amendments made in the wake of the Com…
Supreme Court of India12 Feb 2019Full text
2019 INSC 186 · [2019] 3 S.C.R. 725
of unearned increase by DDA – Also, since income tax department had already paid unearned increase, DDA was not entitled to raise any demand of unearned increase – On interpreting the auction notice and the sale deed it is clear that what was transferred to the respondent was leasehold right – Therefore, the respondent…
Also on Law on Tips: Bare Acts · Legal news and analysis