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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.
841–860 · Page 43 of 382
Supreme Court of India12 Feb 2019Full text
2019 INSC 185 · [2019] 4 S.C.R. 590
rejected in the judgment of the Division Bench – Order of the Single Judge, quashing the rejection of the representation of the respondent will not amount to a mandamus to regularize the respondent or to treat him in the regular employment of the State – All that the High Court will be construed to have held is that on…
Supreme Court of India12 Feb 2019Full text
2019 INSC 184 · [2019] 2 S.C.R. 121
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.
841–860 · Page 43 of 382
Supreme Court of India12 Feb 2019Full text
2019 INSC 185 · [2019] 4 S.C.R. 590
rejected in the judgment of the Division Bench – Order of the Single Judge, quashing the rejection of the representation of the respondent will not amount to a mandamus to regularize the respondent or to treat him in the regular employment of the State – All that the High Court will be construed to have held is that on…
Supreme Court of India12 Feb 2019Full text
2019 INSC 184 · [2019] 2 S.C.R. 121
[2019] 2 S.C.R. 121 121 THE STATE BANK OF INDIA & ORS. A v. RAVINDRA NATH & ORS. (Civil Appeal No. 12367 of 2017) FEBRUARY 12, 2019 B [UDAY UMESH LALIT AND HEMANT GUPTA, JJ.] State Bank of India Act, 1955: s.18 – Re-fixation of salary – Respondent joined the appellant bank in 1981 and on 24.6.2001, he was posted at Joh…
Supreme Court of India12 Feb 2019Full text
2019 INSC 183 · [2019] 3 S.C.R. 968
HELD: 1. A perusal of the First Proviso to Section 32(1) of Bombay Tenancy and Agricultural Lands Act, 1948 read with F Section 29 would show that when an application is filed by the landlord for possession and that application is rejected then the tenant is deemed to have purchased the land. Section 32F, on the other …
Supreme Court of India12 Feb 2019Full text
2019 INSC 182 · [2019] 3 S.C.R. 953
[2019] 3 S.C.R. 953 953 PARKASH CHAND A v. STATE OF HIMACHAL PRADESH (Criminal Appeal No. 2393 of 2010) FEBRUARY 12, 2019 B [RANJAN GOGOI, CJI, SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Penal Code, 1860 – ss. 376 and 506 – Rape – PW.2-prosecutrix alleged that appellant caught hold of her on a common path of villages an…
Supreme Court of India12 Feb 2019Full text
2019 INSC 180 · [2019] 3 S.C.R. 932
932 SUPREME [2019]COURT3 REPORTSS.C.R. 932 [2019] 3 S.C.R. A MALA SINGH & ORS. v. STATE OF HARYANA (Criminal Appeal No.1144 of 2009) B FEBRUARY 12, 2019 [ABHAY MANOHAR SAPRE AND R. SUBHASH REDDY, JJ.] Penal Code, 1860 – s. 302/149 or s. 302/34 – Conviction under – Trial Court convicted 11 accused persons u/ss. 148, 302…
Supreme Court of India7 Mar 2019Full text
2019 INSC 18 · [2019] 2 S.C.R. 963
Shambo Nandy, Ms. N. Annapoorani, Advs. for the Appellant. Anil Kumar Jha, Sunil Roy, Advs. for the Respondents. H BIRLA INSTITUTE OF TECHNOLOGY v. THE STATE OF 965 JHARKHAND & ORS. The Judgment of the Court was delivered by A ABHAY MANOHAR SAPRE, J. 1. On 07.01.2019, this Court placing reliance on the decision of this…
Supreme Court of India7 Jan 2019Full text
2019 INSC 18 · [2019] 1 S.C.R. 301
F Shambo Nandy, Ms. N. Annapoorani Advs. for the appellant. Anil Kumar Jha, Sunil Roy, Advs. for the respondents. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is directed G against the final judgment and order dated 02.04.2008 passed by the High Court of Jharkhand at Ranchi in LPA N…
Supreme Court of India12 Feb 2019Full text
2019 INSC 179 · [2019] 2 S.C.R. 717
Ms. Kusum Chaudhary, Adv. for the Respondent. D The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. These appeals are directed against the final judgment and order dated 21.11.2005 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in D.B. Civil Special Appeal No.449 of 1999 …
Supreme Court of India12 Feb 2019Full text
2019 INSC 178 · [2019] 3 S.C.R. 234
This is only in consonance with the general power of superintendence vested in the State Government under Section 8. The Act maintains a clear distinction between a local area as the unit for grant of licence, and the entire State for other purposes. The State government is the sole repository of these other powers wit…
Supreme Court of India12 Feb 2019Full text
2019 INSC 176 · [2019] 2 S.C.R. 105
[2019] 2 S.C.R. 105 105 CHANDRU @ CHANDRASEKARAN A v. STATE REP. BY DEPUTY SUPERINTENDENT OF POLICE CB CID AND ANR. (Criminal Appeal No. 1193 of 2011) B FEBRUARY 12, 2019 [SANJAY KISHAN KAUL AND DEEPAK GUPTA, JJ.] Penal Code, 1860: s.302 r/w. s. 120B – Murder – Prosecution case based on circumstantial evidence – Convic…
Supreme Court of India11 Feb 2019Full text
2019 INSC 174 · [2019] 5 S.C.R. 821
modified in terms of the directions issued. [Para 17, 18] [827-F-H; 828-A-B] CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1232 of 2019. From the Judgment and Order dated 08.06.2018 of the National C Consumer Disputes Redressal Commis…
Supreme Court of India11 Feb 2019Full text
2019 INSC 171 · [2019] 3 S.C.R. 913
913 914 SUPREME COURT REPORTS [2019] 3 S.C.R. A Court went beyond the relief explicitly granted in the original order – It was not open to the Court to interpret the relief granted in such a manner so as to expand its scope to include the second relief prayed for but not granted – The Court’s power in a clarificatory p…
Supreme Court of India11 Feb 2019Full text
2019 INSC 170 · [2019] 2 S.C.R. 707
Narcotic Drugs and Psychotropic Substances Act – s.20(ii)(c) – Conviction under – Appellant contended that PW-10-sub-inspector, F being the informant himself, was also the investigating officer, and which alone vitiates the conviction and placed reliance upon Mohan Lal v. State of Punjab (AIR 2018 SC 3853) – Held: If t…
Supreme Court of India7 Jan 2019Full text
2019 INSC 17 · [2019] 1 S.C.R. 59
remitted to High Court for consideration afresh. Allowing the appeal and remitting the matter to High Court, the Court HELD: The High Court did not discuss nor dealt with any issues arising in the case nor dealt with any submissions urged F by the appellant with a view to show as to how and on what basis the findings i…
Supreme Court of India8 Feb 2019Full text
2019 INSC 168 · [2019] 3 S.C.R. 703
dated 14.6.1999 issued by Municipal Corporation for regularisation of tubewells causing unauthorised activities of discharging of waste water into the main sewer of the Corporation – Corporation claimed user charges from the schools for discharging the water drawn from tubewell, into the sewer vested in the Corporation…
Supreme Court of India8 Feb 2019Full text
2019 INSC 164 · [2019] 3 S.C.R. 718
B Sanjay Kapur, Bharath Gangadharan, Ms. Megha Karnwal, Ms. Mansi Kapur, Advs. for the Petitioners. Satish Pandey, Sanjay Kumar Visen, Santosh Kumar Tripathi, Rajesh Maurya, Ms. Ritu Rastogi, Advs. for the Respondent. The Order of the Court was passed by C UDAY UMESH LALIT, J. 1. The father of the respondent was workin…
Supreme Court of India8 Feb 2019Full text
2019 INSC 161 · [2019] 3 S.C.R. 691
– Art.142. Narendra Champaklal Trivedi v. State of Gujarat (2012) 7 SCC 80 : [2012] 6 SCR 165; State v. Ratan Lal Arora (2004) 4 SCC 590 : [2004] 1 Suppl. SCR 631; Mohd. Hashim v. State of Uttar Pradesh and Others (2017) 2 G SCC 198 : [2016] 9 SCR 953 – relied on Case Law Reference [2012] 6 SCR 165 relied on Para 5 [20…
Supreme Court of India7 Jan 2019Full text
2019 INSC 16 · [2019] 1 S.C.R. 54
H 56 SUPREME COURT REPORTS [2019] 1 S.C.R. A Navin Prakash, Adv. for the Appellant. Sumit Kumar Sharma, Niraj Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is directed B against the final judgment and order dated 08.01.2008 passed by the High Court …
Supreme Court of India7 Feb 2019Full text
2019 INSC 159 · [2019] 3 S.C.R. 684
for the first time before the third court – Nature of tenancy (whether commercial or residential) is not a pure question of law, but is a question of fact and hence such question was first required to be pleaded and then proved – If a tenancy is for composite purpose, landlord has the right to seek eviction either for …
Supreme Court of India7 Feb 2019Full text
2019 INSC 158 · [2019] 2 S.C.R. 41
E Principle of ejusdem generis – Applicability of – Discussed – The principle is not applicable in the present case – Interpretation of Statutes – Rules of Interpretation. Dismissing the appeal, the Court HELD: 1.1 Right from the stage of arbitration proceedings F till the High Court, clauses 50 and 51 of General Condi…
Also on Law on Tips: Bare Acts · Legal news and analysis
[2019] 2 S.C.R. 121 121 THE STATE BANK OF INDIA & ORS. A v. RAVINDRA NATH & ORS. (Civil Appeal No. 12367 of 2017) FEBRUARY 12, 2019 B [UDAY UMESH LALIT AND HEMANT GUPTA, JJ.] State Bank of India Act, 1955: s.18 – Re-fixation of salary – Respondent joined the appellant bank in 1981 and on 24.6.2001, he was posted at Joh…
Supreme Court of India12 Feb 2019Full text
2019 INSC 183 · [2019] 3 S.C.R. 968
HELD: 1. A perusal of the First Proviso to Section 32(1) of Bombay Tenancy and Agricultural Lands Act, 1948 read with F Section 29 would show that when an application is filed by the landlord for possession and that application is rejected then the tenant is deemed to have purchased the land. Section 32F, on the other …
Supreme Court of India12 Feb 2019Full text
2019 INSC 182 · [2019] 3 S.C.R. 953
[2019] 3 S.C.R. 953 953 PARKASH CHAND A v. STATE OF HIMACHAL PRADESH (Criminal Appeal No. 2393 of 2010) FEBRUARY 12, 2019 B [RANJAN GOGOI, CJI, SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.] Penal Code, 1860 – ss. 376 and 506 – Rape – PW.2-prosecutrix alleged that appellant caught hold of her on a common path of villages an…
Supreme Court of India12 Feb 2019Full text
2019 INSC 180 · [2019] 3 S.C.R. 932
932 SUPREME [2019]COURT3 REPORTSS.C.R. 932 [2019] 3 S.C.R. A MALA SINGH & ORS. v. STATE OF HARYANA (Criminal Appeal No.1144 of 2009) B FEBRUARY 12, 2019 [ABHAY MANOHAR SAPRE AND R. SUBHASH REDDY, JJ.] Penal Code, 1860 – s. 302/149 or s. 302/34 – Conviction under – Trial Court convicted 11 accused persons u/ss. 148, 302…
Supreme Court of India7 Mar 2019Full text
2019 INSC 18 · [2019] 2 S.C.R. 963
Shambo Nandy, Ms. N. Annapoorani, Advs. for the Appellant. Anil Kumar Jha, Sunil Roy, Advs. for the Respondents. H BIRLA INSTITUTE OF TECHNOLOGY v. THE STATE OF 965 JHARKHAND & ORS. The Judgment of the Court was delivered by A ABHAY MANOHAR SAPRE, J. 1. On 07.01.2019, this Court placing reliance on the decision of this…
Supreme Court of India7 Jan 2019Full text
2019 INSC 18 · [2019] 1 S.C.R. 301
F Shambo Nandy, Ms. N. Annapoorani Advs. for the appellant. Anil Kumar Jha, Sunil Roy, Advs. for the respondents. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is directed G against the final judgment and order dated 02.04.2008 passed by the High Court of Jharkhand at Ranchi in LPA N…
Supreme Court of India12 Feb 2019Full text
2019 INSC 179 · [2019] 2 S.C.R. 717
Ms. Kusum Chaudhary, Adv. for the Respondent. D The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. These appeals are directed against the final judgment and order dated 21.11.2005 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in D.B. Civil Special Appeal No.449 of 1999 …
Supreme Court of India12 Feb 2019Full text
2019 INSC 178 · [2019] 3 S.C.R. 234
This is only in consonance with the general power of superintendence vested in the State Government under Section 8. The Act maintains a clear distinction between a local area as the unit for grant of licence, and the entire State for other purposes. The State government is the sole repository of these other powers wit…
Supreme Court of India12 Feb 2019Full text
2019 INSC 176 · [2019] 2 S.C.R. 105
[2019] 2 S.C.R. 105 105 CHANDRU @ CHANDRASEKARAN A v. STATE REP. BY DEPUTY SUPERINTENDENT OF POLICE CB CID AND ANR. (Criminal Appeal No. 1193 of 2011) B FEBRUARY 12, 2019 [SANJAY KISHAN KAUL AND DEEPAK GUPTA, JJ.] Penal Code, 1860: s.302 r/w. s. 120B – Murder – Prosecution case based on circumstantial evidence – Convic…
Supreme Court of India11 Feb 2019Full text
2019 INSC 174 · [2019] 5 S.C.R. 821
modified in terms of the directions issued. [Para 17, 18] [827-F-H; 828-A-B] CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1232 of 2019. From the Judgment and Order dated 08.06.2018 of the National C Consumer Disputes Redressal Commis…
Supreme Court of India11 Feb 2019Full text
2019 INSC 171 · [2019] 3 S.C.R. 913
913 914 SUPREME COURT REPORTS [2019] 3 S.C.R. A Court went beyond the relief explicitly granted in the original order – It was not open to the Court to interpret the relief granted in such a manner so as to expand its scope to include the second relief prayed for but not granted – The Court’s power in a clarificatory p…
Supreme Court of India11 Feb 2019Full text
2019 INSC 170 · [2019] 2 S.C.R. 707
Narcotic Drugs and Psychotropic Substances Act – s.20(ii)(c) – Conviction under – Appellant contended that PW-10-sub-inspector, F being the informant himself, was also the investigating officer, and which alone vitiates the conviction and placed reliance upon Mohan Lal v. State of Punjab (AIR 2018 SC 3853) – Held: If t…
Supreme Court of India7 Jan 2019Full text
2019 INSC 17 · [2019] 1 S.C.R. 59
remitted to High Court for consideration afresh. Allowing the appeal and remitting the matter to High Court, the Court HELD: The High Court did not discuss nor dealt with any issues arising in the case nor dealt with any submissions urged F by the appellant with a view to show as to how and on what basis the findings i…
Supreme Court of India8 Feb 2019Full text
2019 INSC 168 · [2019] 3 S.C.R. 703
dated 14.6.1999 issued by Municipal Corporation for regularisation of tubewells causing unauthorised activities of discharging of waste water into the main sewer of the Corporation – Corporation claimed user charges from the schools for discharging the water drawn from tubewell, into the sewer vested in the Corporation…
Supreme Court of India8 Feb 2019Full text
2019 INSC 164 · [2019] 3 S.C.R. 718
B Sanjay Kapur, Bharath Gangadharan, Ms. Megha Karnwal, Ms. Mansi Kapur, Advs. for the Petitioners. Satish Pandey, Sanjay Kumar Visen, Santosh Kumar Tripathi, Rajesh Maurya, Ms. Ritu Rastogi, Advs. for the Respondent. The Order of the Court was passed by C UDAY UMESH LALIT, J. 1. The father of the respondent was workin…
Supreme Court of India8 Feb 2019Full text
2019 INSC 161 · [2019] 3 S.C.R. 691
– Art.142. Narendra Champaklal Trivedi v. State of Gujarat (2012) 7 SCC 80 : [2012] 6 SCR 165; State v. Ratan Lal Arora (2004) 4 SCC 590 : [2004] 1 Suppl. SCR 631; Mohd. Hashim v. State of Uttar Pradesh and Others (2017) 2 G SCC 198 : [2016] 9 SCR 953 – relied on Case Law Reference [2012] 6 SCR 165 relied on Para 5 [20…
Supreme Court of India7 Jan 2019Full text
2019 INSC 16 · [2019] 1 S.C.R. 54
H 56 SUPREME COURT REPORTS [2019] 1 S.C.R. A Navin Prakash, Adv. for the Appellant. Sumit Kumar Sharma, Niraj Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is directed B against the final judgment and order dated 08.01.2008 passed by the High Court …
Supreme Court of India7 Feb 2019Full text
2019 INSC 159 · [2019] 3 S.C.R. 684
for the first time before the third court – Nature of tenancy (whether commercial or residential) is not a pure question of law, but is a question of fact and hence such question was first required to be pleaded and then proved – If a tenancy is for composite purpose, landlord has the right to seek eviction either for …
Supreme Court of India7 Feb 2019Full text
2019 INSC 158 · [2019] 2 S.C.R. 41
E Principle of ejusdem generis – Applicability of – Discussed – The principle is not applicable in the present case – Interpretation of Statutes – Rules of Interpretation. Dismissing the appeal, the Court HELD: 1.1 Right from the stage of arbitration proceedings F till the High Court, clauses 50 and 51 of General Condi…
Also on Law on Tips: Bare Acts · Legal news and analysis