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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.
861–880 · Page 44 of 382
Supreme Court of India7 Feb 2019Full text
2019 INSC 157 · [2019] 2 S.C.R. 61
[2019] 2 S.C.R. 61 61 PUNJAB WAKF BOARD A v. SHAM SINGH HARIKE (Civil Appeal No. 92 of 2019) FEBRUARY 07, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Wakf Act, 1995 : s.83 – Jurisdiction of Wakf Tribunal to entertain suit – Held: The constitution of Wakf Tribunal is for the determination of any dispute, question or ot…
Supreme Court of India6 Feb 2019Full text
2019 INSC 155 · [2019] 2 S.C.R. 692
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.
861–880 · Page 44 of 382
Supreme Court of India7 Feb 2019Full text
2019 INSC 157 · [2019] 2 S.C.R. 61
[2019] 2 S.C.R. 61 61 PUNJAB WAKF BOARD A v. SHAM SINGH HARIKE (Civil Appeal No. 92 of 2019) FEBRUARY 07, 2019 B [ASHOK BHUSHAN AND K. M. JOSEPH, JJ.] Wakf Act, 1995 : s.83 – Jurisdiction of Wakf Tribunal to entertain suit – Held: The constitution of Wakf Tribunal is for the determination of any dispute, question or ot…
Supreme Court of India6 Feb 2019Full text
2019 INSC 155 · [2019] 2 S.C.R. 692
The first question to answer is whether despite the absence of H 692 HIGH COURT OF TRIPURA THR. THE REGISTRAR GENERAL 693 v. TIRTHA SARATHI MUKHERJEE & ORS. any provision, are the courts completely denuded of power in the A exercise of the jurisdiction under Article 226 of the Constitution to direct revaluation? It is …
Supreme Court of India6 Feb 2019Full text
2019 INSC 154 · [2019] 2 S.C.R. 802
G Allowing the appeal, the Court HELD: 1. A party can be proceeded for disobedience of the order of the court only when there is willful disobedience and non-compliance of the order passed by the court. On perusal of the order passed in Writ Petition it is seen that in the said order, H 802 ER. K. ARUMUGAM v. V. BALAKR…
Supreme Court of India6 Feb 2019Full text
2019 INSC 153 · [2019] 2 S.C.R. 791
HELD: 1. The first respondent-plaintiff has filed the suit under Section 38 of the Specific Relief Act seeking permanent injunction on the ground that he is in actual possession of the G suit property. Grant of permanent injunction results in restraining the defendant’s legitimate right to use the property as his own p…
Supreme Court of India6 Feb 2019Full text
2019 INSC 152 · [2019] 2 S.C.R. 1
1 2 SUPREME COURT REPORTS [2019] 2 S.C.R. A be read in a manner as to permit clubbing of different cause of action in a suit – Rule 3 of Order II permits clubbing different causes of action against the same defendant or defendants jointly while in the present case suit is against different set of defendants – Therefore…
Supreme Court of India6 Feb 2019Full text
2019 INSC 150 · [2019] 3 S.C.R. 436
sine qua non is that it should be so recorded in revenue papers as “khud-kasht”, otherwise all land vest in the State as provided in s.4(1)a) – Once the land is recorded as ‘Charnoi’, such common land clearly vests in the State as provided in s.4(1)(a) – s.5(f) did not confer any rights on Zamindars on such common land…
Supreme Court of India7 Jan 2019Full text
2019 INSC 15 · [2019] 1 S.C.R. 39
issues – In such circumstances, the daughter - a newly married girl would always like to first disclose her domestic problems to her mother and father and then to her close relatives because they have access to her and are always helpful in solving her problems – The acts and the behavior of the appellant (husband) tow…
Supreme Court of India5 Feb 2019Full text
2019 INSC 148 · [2019] 3 S.C.R. 845
authority to analyse or evaluate the commercial decision of the CoC or to enquire into the justness of the rejection of the resolution plan by the dissenting financial creditors – The legislature, consciously, has not provided any ground to challenge the “commercial wisdom” of the individual financial creditors or thei…
Supreme Court of India5 Feb 2019Full text
2019 INSC 147 · [2019] 2 S.C.R. 813
the appeal passed by the appellate court u/Or. XLI, r. 19 is made expressly appealable u/Or. XLIII, r. 1(t) to the High Court – Remedy of the appellant-Authority was to file an appeal in the High Court against the order u/Or. XLIII, r. 1 (t) – Appellant-Authority erred in filing the writ petition u/Article 227 against …
Supreme Court of India5 Feb 2019Full text
2019 INSC 146 · [2019] 1 S.C.R. 1104
a web of companies and was not a simple case of forged Bills of Entry – High Court erred in proceeding to examine the case as if it was a simple case of submission of forged Bills of Entry by observing that the case was not related to any import or export of diamonds – When the satisfaction of the Magistrate was based …
Supreme Court of India5 Feb 2019Full text
2019 INSC 144 · [2019] 2 S.C.R. 664
– Writ petition – High Court held that claims advanced by appellants were barred by the principle of constructive res judicata – Appellant contended that neither the District Court nor the High Court have E enquired into the merits of the claim advanced by the appellants u/ s.4(1) of the Act, 1958 – Held: In the presen…
Supreme Court of India5 Feb 2019Full text
2019 INSC 143 · [2019] 3 S.C.R. 673
– No reason to interfere with the order dated 06.04.2005 issued by the appellant – Impugned order set-aside and the application filed by the respondent-Company u/s.75 of the ESI Act is dismissed. H 673 674 SUPREME COURT REPORTS [2019] 3 S.C.R. A Allowing the appeal, the Court Held: 1.1 In the present case, the appellan…
Supreme Court of India5 Feb 2019Full text
2019 INSC 142 · [2019] 2 S.C.R. 656
656 SUPREME [2019]COURT2 REPORTSS.C.R. 656 [2019] 2 S.C.R. A AMBI RAM v. STATE OF UTTARAKHAND (Criminal Appeal No. 1723 of 2009) FEBRUARY 05, 2019 B [ABHAY MANOHAR SAPRE AND DINESH MAHESHWARI, JJ.] Prevention of Corruption Act, 1947 – s.5(2) – Appellant accepted illegal gratification – Trial Court convicted the appella…
Supreme Court of India2 May 2019Full text
2019 INSC 1415 · [2019] 7 S.C.R. 473
HELD : The High Court observed that there was dispute as to the identity of accused No.2 and acquitted accused No.2 by holding that the identity of accused No.2 became suspicious. The findings Grecorded by the High Court is a plausible view which cannot be patently erroneous warranting interference with the judgment of…
Supreme Court of India9 Jan 2019Full text
2019 INSC 1413 · [2019] 1 S.C.R. 310
Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer & Ors. (2004) 1 SCC 755 : [2004] 1 SCR 470 – referred to. F Case Law Reference [2004] 1 SCR 470 referred to Para 2 CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2530 of 2012. G From the Judgment and Order dated 02.04.2008 of the High Court of Jharkh…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1411 · [2019] 15 S.C.R. 342
– Held: Scope of review is limited – Review in the criminal proceedings is permissible only on the ground of error apparent on the face of the record – Review petition is not a rehearing of E the appeal over again – Grounds raised by the petitioner in this review petition are identical to those raised by the co-accused…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1410 · [2019] 18 S.C.R. 1236
companies to have filed the revised returns of Income for the A.Y. 2016-2017 before the due date of 31.03.2018, since the NCLT had passed the last orders granting approval and sanction of the schemes only on 22.04.2018 and 01.05.2018 – The Single Judge of the High Court had rightly allowed the writ petitions – Accordin…
Supreme Court of India5 Feb 2019Full text
2019 INSC 141 · [2019] 1 S.C.R. 1096
relying upon the evidence of the eye witness and the doctor – Conclusion by the High Court that it was a case of causing murder of the deceased, albeit by DB, an offence liable to be punished u/s. 302 simpliciter is upheld – It is not a case to convert the offence of murder to one u/s. 304 (II) – Appellants-BB, AB and …
Supreme Court of India18 Dec 2019Full text
2019 INSC 1409 · [2019] 15 S.C.R. 384
H 384 M/S CEE CEE & CEE CEE’S v. K. DEVAMANI & ORS. 385 Allowing the appeals, the Court A HELD: 1. The expression ‘from one place to another’ in Rule 209 of the Puducherry Excise Rules, 1970 is not restrictive, and does not curtail the power of the Licensing Authority to grant permission for shifting the licensed shop …
Supreme Court of India18 Dec 2019Full text
2019 INSC 1408 · [2019] 15 S.C.R. 177
cancelled by respondent no. 1 – Consequent to which, the appointment of the appellant as Junior Accounts Clerk was terminated – Both 'S' and appellant filed writ petitions against the order dated 11.11.1992 – In the writ petition filed by 'S', High Court stayed the order dated 11.11.1992 for 3 months – However, the wri…
Also on Law on Tips: Bare Acts · Legal news and analysis
The first question to answer is whether despite the absence of H 692 HIGH COURT OF TRIPURA THR. THE REGISTRAR GENERAL 693 v. TIRTHA SARATHI MUKHERJEE & ORS. any provision, are the courts completely denuded of power in the A exercise of the jurisdiction under Article 226 of the Constitution to direct revaluation? It is …
Supreme Court of India6 Feb 2019Full text
2019 INSC 154 · [2019] 2 S.C.R. 802
G Allowing the appeal, the Court HELD: 1. A party can be proceeded for disobedience of the order of the court only when there is willful disobedience and non-compliance of the order passed by the court. On perusal of the order passed in Writ Petition it is seen that in the said order, H 802 ER. K. ARUMUGAM v. V. BALAKR…
Supreme Court of India6 Feb 2019Full text
2019 INSC 153 · [2019] 2 S.C.R. 791
HELD: 1. The first respondent-plaintiff has filed the suit under Section 38 of the Specific Relief Act seeking permanent injunction on the ground that he is in actual possession of the G suit property. Grant of permanent injunction results in restraining the defendant’s legitimate right to use the property as his own p…
Supreme Court of India6 Feb 2019Full text
2019 INSC 152 · [2019] 2 S.C.R. 1
1 2 SUPREME COURT REPORTS [2019] 2 S.C.R. A be read in a manner as to permit clubbing of different cause of action in a suit – Rule 3 of Order II permits clubbing different causes of action against the same defendant or defendants jointly while in the present case suit is against different set of defendants – Therefore…
Supreme Court of India6 Feb 2019Full text
2019 INSC 150 · [2019] 3 S.C.R. 436
sine qua non is that it should be so recorded in revenue papers as “khud-kasht”, otherwise all land vest in the State as provided in s.4(1)a) – Once the land is recorded as ‘Charnoi’, such common land clearly vests in the State as provided in s.4(1)(a) – s.5(f) did not confer any rights on Zamindars on such common land…
Supreme Court of India7 Jan 2019Full text
2019 INSC 15 · [2019] 1 S.C.R. 39
issues – In such circumstances, the daughter - a newly married girl would always like to first disclose her domestic problems to her mother and father and then to her close relatives because they have access to her and are always helpful in solving her problems – The acts and the behavior of the appellant (husband) tow…
Supreme Court of India5 Feb 2019Full text
2019 INSC 148 · [2019] 3 S.C.R. 845
authority to analyse or evaluate the commercial decision of the CoC or to enquire into the justness of the rejection of the resolution plan by the dissenting financial creditors – The legislature, consciously, has not provided any ground to challenge the “commercial wisdom” of the individual financial creditors or thei…
Supreme Court of India5 Feb 2019Full text
2019 INSC 147 · [2019] 2 S.C.R. 813
the appeal passed by the appellate court u/Or. XLI, r. 19 is made expressly appealable u/Or. XLIII, r. 1(t) to the High Court – Remedy of the appellant-Authority was to file an appeal in the High Court against the order u/Or. XLIII, r. 1 (t) – Appellant-Authority erred in filing the writ petition u/Article 227 against …
Supreme Court of India5 Feb 2019Full text
2019 INSC 146 · [2019] 1 S.C.R. 1104
a web of companies and was not a simple case of forged Bills of Entry – High Court erred in proceeding to examine the case as if it was a simple case of submission of forged Bills of Entry by observing that the case was not related to any import or export of diamonds – When the satisfaction of the Magistrate was based …
Supreme Court of India5 Feb 2019Full text
2019 INSC 144 · [2019] 2 S.C.R. 664
– Writ petition – High Court held that claims advanced by appellants were barred by the principle of constructive res judicata – Appellant contended that neither the District Court nor the High Court have E enquired into the merits of the claim advanced by the appellants u/ s.4(1) of the Act, 1958 – Held: In the presen…
Supreme Court of India5 Feb 2019Full text
2019 INSC 143 · [2019] 3 S.C.R. 673
– No reason to interfere with the order dated 06.04.2005 issued by the appellant – Impugned order set-aside and the application filed by the respondent-Company u/s.75 of the ESI Act is dismissed. H 673 674 SUPREME COURT REPORTS [2019] 3 S.C.R. A Allowing the appeal, the Court Held: 1.1 In the present case, the appellan…
Supreme Court of India5 Feb 2019Full text
2019 INSC 142 · [2019] 2 S.C.R. 656
656 SUPREME [2019]COURT2 REPORTSS.C.R. 656 [2019] 2 S.C.R. A AMBI RAM v. STATE OF UTTARAKHAND (Criminal Appeal No. 1723 of 2009) FEBRUARY 05, 2019 B [ABHAY MANOHAR SAPRE AND DINESH MAHESHWARI, JJ.] Prevention of Corruption Act, 1947 – s.5(2) – Appellant accepted illegal gratification – Trial Court convicted the appella…
Supreme Court of India2 May 2019Full text
2019 INSC 1415 · [2019] 7 S.C.R. 473
HELD : The High Court observed that there was dispute as to the identity of accused No.2 and acquitted accused No.2 by holding that the identity of accused No.2 became suspicious. The findings Grecorded by the High Court is a plausible view which cannot be patently erroneous warranting interference with the judgment of…
Supreme Court of India9 Jan 2019Full text
2019 INSC 1413 · [2019] 1 S.C.R. 310
Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer & Ors. (2004) 1 SCC 755 : [2004] 1 SCR 470 – referred to. F Case Law Reference [2004] 1 SCR 470 referred to Para 2 CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2530 of 2012. G From the Judgment and Order dated 02.04.2008 of the High Court of Jharkh…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1411 · [2019] 15 S.C.R. 342
– Held: Scope of review is limited – Review in the criminal proceedings is permissible only on the ground of error apparent on the face of the record – Review petition is not a rehearing of E the appeal over again – Grounds raised by the petitioner in this review petition are identical to those raised by the co-accused…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1410 · [2019] 18 S.C.R. 1236
companies to have filed the revised returns of Income for the A.Y. 2016-2017 before the due date of 31.03.2018, since the NCLT had passed the last orders granting approval and sanction of the schemes only on 22.04.2018 and 01.05.2018 – The Single Judge of the High Court had rightly allowed the writ petitions – Accordin…
Supreme Court of India5 Feb 2019Full text
2019 INSC 141 · [2019] 1 S.C.R. 1096
relying upon the evidence of the eye witness and the doctor – Conclusion by the High Court that it was a case of causing murder of the deceased, albeit by DB, an offence liable to be punished u/s. 302 simpliciter is upheld – It is not a case to convert the offence of murder to one u/s. 304 (II) – Appellants-BB, AB and …
Supreme Court of India18 Dec 2019Full text
2019 INSC 1409 · [2019] 15 S.C.R. 384
H 384 M/S CEE CEE & CEE CEE’S v. K. DEVAMANI & ORS. 385 Allowing the appeals, the Court A HELD: 1. The expression ‘from one place to another’ in Rule 209 of the Puducherry Excise Rules, 1970 is not restrictive, and does not curtail the power of the Licensing Authority to grant permission for shifting the licensed shop …
Supreme Court of India18 Dec 2019Full text
2019 INSC 1408 · [2019] 15 S.C.R. 177
cancelled by respondent no. 1 – Consequent to which, the appointment of the appellant as Junior Accounts Clerk was terminated – Both 'S' and appellant filed writ petitions against the order dated 11.11.1992 – In the writ petition filed by 'S', High Court stayed the order dated 11.11.1992 for 3 months – However, the wri…
Also on Law on Tips: Bare Acts · Legal news and analysis