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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.
881–900 · Page 45 of 382
Supreme Court of India18 Dec 2019Full text
2019 INSC 1406 · [2019] 18 S.C.R. 1158
punishable u/s.379 of IPC – Thus, they are two ‘different’ and not the ‘same offence’ – Therefore, contentions of the appellant were rejected – There was no bar on the Court from taking cognizance of offence u/s.379 IPC – And violation of s.4 of the Act, 1957, being a cognizable offence, the police could have investiga…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1405 · [2019] 15 S.C.R. 368
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.
881–900 · Page 45 of 382
Supreme Court of India18 Dec 2019Full text
2019 INSC 1406 · [2019] 18 S.C.R. 1158
punishable u/s.379 of IPC – Thus, they are two ‘different’ and not the ‘same offence’ – Therefore, contentions of the appellant were rejected – There was no bar on the Court from taking cognizance of offence u/s.379 IPC – And violation of s.4 of the Act, 1957, being a cognizable offence, the police could have investiga…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1405 · [2019] 15 S.C.R. 368
STANDARD CHARTERED BANK v. HEAVY ENGINEERING 369 CORPORATION LTD. contract for supply of plant and equipment – On reading of letters A exchanged by and between the 1st respondent and the appellant pertaining to invocation of the guarantees, the condition of the guarantees had been duly complied with – Once the demand w…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1404 · [2019] 18 S.C.R. 1174
– Reference to fourteen cases registered against the appellant under various heads of crime between 2007 and 2016 – Also reference to E criminal case of 2018 – Meanwhile appellant had got bail in the criminal case of 2018 and when bail was granted, detention order dated 25 October 2018 served on the appellant while he …
Supreme Court of India18 Dec 2019Full text
2019 INSC 1403 · [2019] 15 S.C.R. 214
V. Giri, Sr. Adv., Suvendu Suvasis Dash, Ms. Swati Vaibhav, Nabab Singh, Advs. for the Appellants. H 216 SUPREME COURT REPORTS [2019] 15 S.C.R. A Santosh Raut, Vishwa Pal Singh, Rajendra Prasad, Ms. Pallavi, Advs. for the Respondent. The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, J. 1. Delay c…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1402 · [2019] 15 S.C.R. 333
BANK, MIDNAPUR BRANCH & ORS. detected by the school staff, the official complaint was not lodged A immediately and only on the next date, the complaint was filed with the Bank authorities. Whether the Bank Manager was verbally informed on the very date of detection or on the next day is an aspect which is difficult to …
Supreme Court of India18 Dec 2019Full text
2019 INSC 1401 · [2019] 18 S.C.R. 984
Disposing of the appeals, the Court G HELD : 1. A perusal of Clause 4.1 of the scheme clearly indicates that the moderation committee has been constituted only for the purpose of deciding the cut-off marks in each subject for declaring the result. The advertisement clearly indicates that only those candidates who obtai…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1400 · [2019] 15 S.C.R. 408
G Constitution of India: Art. 14 – Equality – Relief on the strength of Art. 14 – Claim of – Held: A person cannot invoke Art. 14 to claim a benefit extended to someone similarly placed if he is not lawfully entitled to such benefit in the first place – Article 14 embodies the concept of positive equality alone, and no…
Supreme Court of India5 Feb 2019Full text
2019 INSC 140 · [2019] 1 S.C.R. 1083
Dismissing the appeal, the Court G HELD: 1.1 The finding of guilt recorded by the Trial Court against the appellant and affirmed by the High Court is a possible view and needs no interference. The Trial Court besides relying on the evidence of PW-6, an injured eye-witness and PW-9, an independent eye-witness also adver…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1399 · [2019] 18 S.C.R. 1196
take up the remaining issue – Penal Code, 1860 – ss. 363, 366, 377, 376(2)(f) and 302 – Protection of Children from Sexual Offences Act, 2012 – s. 6. Advocates/Lawyer: Appointment as Amicus Curiae – Guidelines for, in cases where there is a possibility of life sentence H 1196 ANOKHILAL v. STATE OF MADHYA PRADESH 1197 o…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1397 · [2019] 16 S.C.R. 252
– On facts, review petition on the ground that there is an apparent error in the judgment by this Court holding that suit was barred D by time – Petitioner’s case that in money suit pertaining to interest on principal amount received by the petitioner, the last supply was completed on 04.10.93 but the last payment was …
Supreme Court of India18 Dec 2019Full text
2019 INSC 1396 · [2019] 15 S.C.R. 358
G 1.2 Having regard to totality of the facts and circumstances of the case and evidence on record, taking note of the fact that the appellant was working in the firm owned by the accused no.2, he was salaried employee and and he was relatively lower in the hierarchy. it is a fit case to modify the sentence imposed on t…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1395 · [2019] 15 S.C.R. 295
machineries) which was accepted by the Arbitral Tribunal for Rs. 27,78,125/- with interest @ 18% p.a.– Single Judge upheld the award – Division Bench partly allowed the appeal and set aside the award of the Tribunal relating to claim no.2 – Held: Mandate u/s.31(3) is to have reasoning which is intelligible and adequate…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1394 · [2019] 16 S.C.R. 1234
1234 SUPREME COURT[2019]REPORTS16 S.C.R. 1234 [2019] 16 S.C.R. A CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION v. M/S ECI-SPIC-SMO-MCML (JV) A JOINT VENTURE COMPANY B (Civil Appeal Nos. 9486-9487 of 2019) DECEMBER 17, 2019 [R. BANUMATHI, A. S. BOPANNA AND HRISHIKESH ROY, JJ.] C Arbitration and Conciliation Act, 1996…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1392 · [2019] 15 S.C.R. 157
Evidently, the litigation costs cannot be construed as compensation. Even with respect to the award of Rs. 1 lakh for mental harassment, such amount is in the nature of a general, F lump sum compensation, which falls short of qualifying as compensation under Clause 9(c). This is especially because there is no mention o…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1391 · [2019] 15 S.C.R. 318
318 M/S GENENTECH INC. & ORS. v. DRUGS CONTROLLER 319 GENERAL OF INDIA & ORS. passed by the Division Bench of the High Court set aside – The A interim direction given by the Single Judge on 25.04.2016 made operational – Further, the High Court directed to dispose of the pending suit expeditiously. Allowing the appeal, …
Supreme Court of India17 Dec 2019Full text
2019 INSC 1390 · [2019] 17 S.C.R. 396
injunction restraining landowners from alienating or creating third party interest in the suit property – In the first interim application, landowners disputed the possession of Developer over suit property and produced rent agreement to show that a parcel of land admeasuring 12000 sq. feet was in possession of a third…
Supreme Court of India5 Feb 2019Full text
2019 INSC 139 · [2019] 3 S.C.R. 13
13 14 SUPREME COURT REPORTS [2019] 3 S.C.R. A Asami rights could not have been obtained and consequently he could not have been treated as Sirdar – Patwari was also not a competent authority to make such entry in Khata Khatauni – It is proved that the land of the original owner was escheated to the State; the predecess…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1389 · [2019] 16 S.C.R. 1259
[2019] 16 S.C.R. 1259 1259 UNIVERSITY OF DELHI A v. UNION OF INDIA & ORS. (Civil Appeal Nos. 9488-9489 of 2019) DECEMBER 17, 2019 B [R. BANUMATHI, A. S. BOPANNA AND HRISHIKESH ROY, JJ.] Delay/Laches: Writ petition – By Delhi University – Challenging change in C use of the land acquired for Delhi Metro Rail project – Pe…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1388 · [2019] 18 S.C.R. 872
examination of witness ‘RK’ – It would not matter if ‘RK’ is husband of ‘R’ – s.71 of the Evidence Act would come into operation, once and if all the attesting witnesses deny or do not recollect the execution of the document, that is, the Will – Since, ‘RK’ was not summoned and examined, therefore, it cannot be said th…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1387 · [2019] 15 S.C.R. 273
[2019] 15 S.C.R. 273 273 DR. (MAJOR) MEETA SAHAI A v. STATE OF BIHAR & ORS. (Civil Appeal No. 9482 of 2019) DECEMBER 17, 2019 B [DEEPAK GUPTA AND SURYA KANT, JJ.] Service Law: Bihar Health Service (Appointment and Service Conditions) Rules, 2013 – rr. 2(a), 5 and 6(iii) – Advertisement for appointment C of Medical Offi…
Also on Law on Tips: Bare Acts · Legal news and analysis
STANDARD CHARTERED BANK v. HEAVY ENGINEERING 369 CORPORATION LTD. contract for supply of plant and equipment – On reading of letters A exchanged by and between the 1st respondent and the appellant pertaining to invocation of the guarantees, the condition of the guarantees had been duly complied with – Once the demand w…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1404 · [2019] 18 S.C.R. 1174
– Reference to fourteen cases registered against the appellant under various heads of crime between 2007 and 2016 – Also reference to E criminal case of 2018 – Meanwhile appellant had got bail in the criminal case of 2018 and when bail was granted, detention order dated 25 October 2018 served on the appellant while he …
Supreme Court of India18 Dec 2019Full text
2019 INSC 1403 · [2019] 15 S.C.R. 214
V. Giri, Sr. Adv., Suvendu Suvasis Dash, Ms. Swati Vaibhav, Nabab Singh, Advs. for the Appellants. H 216 SUPREME COURT REPORTS [2019] 15 S.C.R. A Santosh Raut, Vishwa Pal Singh, Rajendra Prasad, Ms. Pallavi, Advs. for the Respondent. The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, J. 1. Delay c…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1402 · [2019] 15 S.C.R. 333
BANK, MIDNAPUR BRANCH & ORS. detected by the school staff, the official complaint was not lodged A immediately and only on the next date, the complaint was filed with the Bank authorities. Whether the Bank Manager was verbally informed on the very date of detection or on the next day is an aspect which is difficult to …
Supreme Court of India18 Dec 2019Full text
2019 INSC 1401 · [2019] 18 S.C.R. 984
Disposing of the appeals, the Court G HELD : 1. A perusal of Clause 4.1 of the scheme clearly indicates that the moderation committee has been constituted only for the purpose of deciding the cut-off marks in each subject for declaring the result. The advertisement clearly indicates that only those candidates who obtai…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1400 · [2019] 15 S.C.R. 408
G Constitution of India: Art. 14 – Equality – Relief on the strength of Art. 14 – Claim of – Held: A person cannot invoke Art. 14 to claim a benefit extended to someone similarly placed if he is not lawfully entitled to such benefit in the first place – Article 14 embodies the concept of positive equality alone, and no…
Supreme Court of India5 Feb 2019Full text
2019 INSC 140 · [2019] 1 S.C.R. 1083
Dismissing the appeal, the Court G HELD: 1.1 The finding of guilt recorded by the Trial Court against the appellant and affirmed by the High Court is a possible view and needs no interference. The Trial Court besides relying on the evidence of PW-6, an injured eye-witness and PW-9, an independent eye-witness also adver…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1399 · [2019] 18 S.C.R. 1196
take up the remaining issue – Penal Code, 1860 – ss. 363, 366, 377, 376(2)(f) and 302 – Protection of Children from Sexual Offences Act, 2012 – s. 6. Advocates/Lawyer: Appointment as Amicus Curiae – Guidelines for, in cases where there is a possibility of life sentence H 1196 ANOKHILAL v. STATE OF MADHYA PRADESH 1197 o…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1397 · [2019] 16 S.C.R. 252
– On facts, review petition on the ground that there is an apparent error in the judgment by this Court holding that suit was barred D by time – Petitioner’s case that in money suit pertaining to interest on principal amount received by the petitioner, the last supply was completed on 04.10.93 but the last payment was …
Supreme Court of India18 Dec 2019Full text
2019 INSC 1396 · [2019] 15 S.C.R. 358
G 1.2 Having regard to totality of the facts and circumstances of the case and evidence on record, taking note of the fact that the appellant was working in the firm owned by the accused no.2, he was salaried employee and and he was relatively lower in the hierarchy. it is a fit case to modify the sentence imposed on t…
Supreme Court of India18 Dec 2019Full text
2019 INSC 1395 · [2019] 15 S.C.R. 295
machineries) which was accepted by the Arbitral Tribunal for Rs. 27,78,125/- with interest @ 18% p.a.– Single Judge upheld the award – Division Bench partly allowed the appeal and set aside the award of the Tribunal relating to claim no.2 – Held: Mandate u/s.31(3) is to have reasoning which is intelligible and adequate…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1394 · [2019] 16 S.C.R. 1234
1234 SUPREME COURT[2019]REPORTS16 S.C.R. 1234 [2019] 16 S.C.R. A CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION v. M/S ECI-SPIC-SMO-MCML (JV) A JOINT VENTURE COMPANY B (Civil Appeal Nos. 9486-9487 of 2019) DECEMBER 17, 2019 [R. BANUMATHI, A. S. BOPANNA AND HRISHIKESH ROY, JJ.] C Arbitration and Conciliation Act, 1996…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1392 · [2019] 15 S.C.R. 157
Evidently, the litigation costs cannot be construed as compensation. Even with respect to the award of Rs. 1 lakh for mental harassment, such amount is in the nature of a general, F lump sum compensation, which falls short of qualifying as compensation under Clause 9(c). This is especially because there is no mention o…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1391 · [2019] 15 S.C.R. 318
318 M/S GENENTECH INC. & ORS. v. DRUGS CONTROLLER 319 GENERAL OF INDIA & ORS. passed by the Division Bench of the High Court set aside – The A interim direction given by the Single Judge on 25.04.2016 made operational – Further, the High Court directed to dispose of the pending suit expeditiously. Allowing the appeal, …
Supreme Court of India17 Dec 2019Full text
2019 INSC 1390 · [2019] 17 S.C.R. 396
injunction restraining landowners from alienating or creating third party interest in the suit property – In the first interim application, landowners disputed the possession of Developer over suit property and produced rent agreement to show that a parcel of land admeasuring 12000 sq. feet was in possession of a third…
Supreme Court of India5 Feb 2019Full text
2019 INSC 139 · [2019] 3 S.C.R. 13
13 14 SUPREME COURT REPORTS [2019] 3 S.C.R. A Asami rights could not have been obtained and consequently he could not have been treated as Sirdar – Patwari was also not a competent authority to make such entry in Khata Khatauni – It is proved that the land of the original owner was escheated to the State; the predecess…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1389 · [2019] 16 S.C.R. 1259
[2019] 16 S.C.R. 1259 1259 UNIVERSITY OF DELHI A v. UNION OF INDIA & ORS. (Civil Appeal Nos. 9488-9489 of 2019) DECEMBER 17, 2019 B [R. BANUMATHI, A. S. BOPANNA AND HRISHIKESH ROY, JJ.] Delay/Laches: Writ petition – By Delhi University – Challenging change in C use of the land acquired for Delhi Metro Rail project – Pe…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1388 · [2019] 18 S.C.R. 872
examination of witness ‘RK’ – It would not matter if ‘RK’ is husband of ‘R’ – s.71 of the Evidence Act would come into operation, once and if all the attesting witnesses deny or do not recollect the execution of the document, that is, the Will – Since, ‘RK’ was not summoned and examined, therefore, it cannot be said th…
Supreme Court of India17 Dec 2019Full text
2019 INSC 1387 · [2019] 15 S.C.R. 273
[2019] 15 S.C.R. 273 273 DR. (MAJOR) MEETA SAHAI A v. STATE OF BIHAR & ORS. (Civil Appeal No. 9482 of 2019) DECEMBER 17, 2019 B [DEEPAK GUPTA AND SURYA KANT, JJ.] Service Law: Bihar Health Service (Appointment and Service Conditions) Rules, 2013 – rr. 2(a), 5 and 6(iii) – Advertisement for appointment C of Medical Offi…
Also on Law on Tips: Bare Acts · Legal news and analysis