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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.
921–940 · Page 47 of 382
Supreme Court of India12 Dec 2019Full text
2019 INSC 1361 · [2019] 18 S.C.R. 1144
shared parenting by the parties in the U.S. and the petitioner-wife was not entitled to the sole custody of the children – Aggrieved, the petitioner-wife filed appeal before the High Court in India, which was dismissed – Thereafter, respondent-husband filed writ of Habeas Corpus before the High Court in India to direct…
Supreme Court of India11 Dec 2019Full text
2019 INSC 1360 · [2019] 15 S.C.R. 79
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.
921–940 · Page 47 of 382
Supreme Court of India12 Dec 2019Full text
2019 INSC 1361 · [2019] 18 S.C.R. 1144
shared parenting by the parties in the U.S. and the petitioner-wife was not entitled to the sole custody of the children – Aggrieved, the petitioner-wife filed appeal before the High Court in India, which was dismissed – Thereafter, respondent-husband filed writ of Habeas Corpus before the High Court in India to direct…
Supreme Court of India11 Dec 2019Full text
2019 INSC 1360 · [2019] 15 S.C.R. 79
selection for the relinquished vacancy has to be as per the existing Rules – Thus, the respondent-candidate has no right to claim selection as per the Rules – Appeal allowed. CIVIL APPELLATE JURISDICTION: Civil Appeal No.9338 of 2019. F From the impugned final Judgment and Order dated 12.07.2018 of the High Court of Ju…
Supreme Court of India11 Dec 2019Full text
2019 INSC 1359 · [2019] 18 S.C.R. 990
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10870 F of 2018. From the Judgment and Order dated 15.03.2018 of the Armed Forces Tribunal, Regional Bench, Lucknow in O.A. No. 477 of 2017 and order dated 12th July, 2018 in M.A. No. 1306 & 1307/2018 in OA No. 477/2017. G Ms. V.Mohana, R. Balasubramanian, Sr. Advs., Prana…
Supreme Court of India11 Dec 2019Full text
2019 INSC 1357 · [2019] 14 S.C.R. 253
identical and there were no major cosntradictions between them – According to PW-1, he was present at the place of incidence and immediately after occurrence dictated the complaint to PW-4 and according to PW-4, he reached the spot at about 12:45 p.m.– Thereafter, PW-1 was sent to police station – The version of PW-1 a…
Supreme Court of India11 Dec 2019Full text
2019 INSC 1356 · [2019] 16 S.C.R. 1095
1096 SUPREME COURT REPORTS [2019] 16 S.C.R. A applicant has to pay – The respondent/applicant cannot claim the benefit of the earlier guideline value existing prior to the date when approval was granted by the Government – Therefore, the respondent will have to pay FSI Premium charges based on the guideline value as ex…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1355 · [2019] 14 S.C.R. 829
829 830 SUPREME COURT REPORTS [2019] 14 S.C.R. A Bench in Hardeep Singh – Trial court furnished reasons for relying on the provisions of s.114 of the Evidence Act having due regard to the fact that the incident had taken place within the confines of the matrimonial home where only the second respondent and the deceased…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1354 · [2019] 14 S.C.R. 818
818 RAM MURTI YADAV v. STATE OF UTTAR 819 PRADESH AND ANOTHER judicial function – Judges must strive for the highest standards of A integrity in both their professional and personal lives. Dismissing the appeal, the Court HELD: 1. The service records of the appellant have been examined by the Screening Committee, the F…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1353 · [2019] 17 S.C.R. 1089
Validity of s.13(2) – Held: On a conjoint reading of Art. 323B and Arts. 245 and 246 with Entry 18 of the State List in the Seventh Schedule, the Chhattisgarh State Legislature was competent to enact the Rent Control Act, to the extent that it provides for the adjudication of original disputes relating to tenancy and r…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1352 · [2019] 17 S.C.R. 661
being a question of fact cannot be decided by High Court in s.482 petition – High Court also noted that the intermediary could not claim exemption in case he fails to expeditiously remove or disable access to the objectionable material or unlawful activity, even after receiving actual knowledge thereof and that since i…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1350 · [2019] 14 S.C.R. 849
Allowing the appeals, the Court G HELD: 1. The High Court did not keep in view that even though the respondent’s leave application dated 30.04.2004 was pending consideration, the respondent on her own went and joined Chhattisgarh Institute of Medical Sciences (CIMS) on 15.06.2004 and this has been suppressed by the res…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1349 · [2019] 17 S.C.R. 742
– The refusal to set aside an arbitral award must be under s. 34 i.e. after the grounds set out in s. 34 have been applied to the arbitral award in question and after the courts have turned down such grounds – In the present case there was no adjudication u/s. 34 – Therefore, the appeals filed in the present case do no…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1348 · [2019] 17 S.C.R. 1128
Dr. Anand Vardhan Sharma, Amit Tyagi, V.K. Vashudev, Kailash Prashad Pandey, Advs. for the Respondents. H 1130 SUPREME COURT REPORTS [2019] 17 S.C.R. A The Judgment of the Court was delivered by S. ABDUL NAZEER, J. 1. Delay condoned. 2. Leave granted. B 3. The instant appeal has been filed by the claimants challenging …
Supreme Court of India10 Dec 2019Full text
2019 INSC 1347 · [2019] 15 S.C.R. 1
[2019] 15 S.C.R. 1 1 ABCD A v. UNION OF INDIA & ORS. (Writ Petition (Criminal) No. 191 of 2018) B DECEMBER 10, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Investigation: Transfer of investigation to Central Agency – FIR No.58 of 2018 filed by the petitioner against respondent no.7-Police Officer alleging that respon…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1346 · [2019] 17 S.C.R. 1187
Test Identification Parade(TIP): Evidentiary value of – TIP which is part of investigation, E affords a platform to lend corroboration to the ultimate statements made by the witness before the court – Weightage to such TIP is to be considered in the facts and circumstances of each case – In cases where material on reco…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1345 · [2019] 14 S.C.R. 556
SRI CHANAPPA NAGAPPA MUCHALAGODA v. DIVISIONAL MANAGER, 557 NEW INDIA INSURANCE COMPANY LIMITED job is not possible, since he would require the assistance of a A person to ensure his mobility and manage his discomfort. As a consequence, the functional disability suffered by the Appellant must be assessed as 100%. [Para…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1344 · [2019] 16 S.C.R. 1049
survivorship but by the rule of primogeniture – In the present case, inheritance of the property post the death of the then Maharaja of the State of Maihar by the new Ruler including ‘BNS’ by application of the rule of primogeniture indicates that it was treated as a State or sovereign property– Property was a part of …
Supreme Court of India9 Dec 2019Full text
2019 INSC 1342 · [2019] 14 S.C.R. 781
DR. TANVI BEHL v. SHREY GOEL & ORS. 783 With A Civil Appeal Nos. 9290. 9291, 9292-9293 of 2019. P.S. Patwalia, Nidhesh Gupta, Sr. Advs., Chandra Prakash, C.P. Rajwar, Vivek Singh, Dhrub Sheoran, Mohit Kumar Daroad, Pankaj Jain, Harshika Verma, Rakesh Dahiya, Avijit Mani Tripathi, B Ms. Japneet Kaur, Ms. Vriti Gujral, M…
Supreme Court of India9 Dec 2019Full text
2019 INSC 1341 · [2019] 16 S.C.R. 1086
amounts – It superimposed a possible value of income from agricultural land despite clear indication in the income tax returns of the income from agricultural land – Such method not sustainable in law – Determination must proceed on the basis of the income tax return, where available, a statutory document on which reli…
Supreme Court of India5 Feb 2019Full text
2019 INSC 134 · [2019] 3 S.C.R. 835
order and restored the order of the assessing authority – Held: Judgment in Mohd. Ekram Khan & Sons case refers to the credit notes received as consideration for the replacement; but the moot point is whether credit notes can be treated as a mode of payment or not – Issue raised, as to whether, in the case of warranty …
Supreme Court of India9 Dec 2019Full text
2019 INSC 1339 · [2019] 14 S.C.R. 774
amount as directed in the impugned orders, ONGC is directed to pay the amounts under the order impugned to the claimants. Partly allowing the appeals, the Court HELD: 1. There is virtually no privity of contract for H providing service between the ONGC and the claimants. From 774 CHAIRMAN-CUM-MANAGING DIRECTOR ONGC LTD…
Also on Law on Tips: Bare Acts · Legal news and analysis
selection for the relinquished vacancy has to be as per the existing Rules – Thus, the respondent-candidate has no right to claim selection as per the Rules – Appeal allowed. CIVIL APPELLATE JURISDICTION: Civil Appeal No.9338 of 2019. F From the impugned final Judgment and Order dated 12.07.2018 of the High Court of Ju…
Supreme Court of India11 Dec 2019Full text
2019 INSC 1359 · [2019] 18 S.C.R. 990
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 10870 F of 2018. From the Judgment and Order dated 15.03.2018 of the Armed Forces Tribunal, Regional Bench, Lucknow in O.A. No. 477 of 2017 and order dated 12th July, 2018 in M.A. No. 1306 & 1307/2018 in OA No. 477/2017. G Ms. V.Mohana, R. Balasubramanian, Sr. Advs., Prana…
Supreme Court of India11 Dec 2019Full text
2019 INSC 1357 · [2019] 14 S.C.R. 253
identical and there were no major cosntradictions between them – According to PW-1, he was present at the place of incidence and immediately after occurrence dictated the complaint to PW-4 and according to PW-4, he reached the spot at about 12:45 p.m.– Thereafter, PW-1 was sent to police station – The version of PW-1 a…
Supreme Court of India11 Dec 2019Full text
2019 INSC 1356 · [2019] 16 S.C.R. 1095
1096 SUPREME COURT REPORTS [2019] 16 S.C.R. A applicant has to pay – The respondent/applicant cannot claim the benefit of the earlier guideline value existing prior to the date when approval was granted by the Government – Therefore, the respondent will have to pay FSI Premium charges based on the guideline value as ex…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1355 · [2019] 14 S.C.R. 829
829 830 SUPREME COURT REPORTS [2019] 14 S.C.R. A Bench in Hardeep Singh – Trial court furnished reasons for relying on the provisions of s.114 of the Evidence Act having due regard to the fact that the incident had taken place within the confines of the matrimonial home where only the second respondent and the deceased…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1354 · [2019] 14 S.C.R. 818
818 RAM MURTI YADAV v. STATE OF UTTAR 819 PRADESH AND ANOTHER judicial function – Judges must strive for the highest standards of A integrity in both their professional and personal lives. Dismissing the appeal, the Court HELD: 1. The service records of the appellant have been examined by the Screening Committee, the F…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1353 · [2019] 17 S.C.R. 1089
Validity of s.13(2) – Held: On a conjoint reading of Art. 323B and Arts. 245 and 246 with Entry 18 of the State List in the Seventh Schedule, the Chhattisgarh State Legislature was competent to enact the Rent Control Act, to the extent that it provides for the adjudication of original disputes relating to tenancy and r…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1352 · [2019] 17 S.C.R. 661
being a question of fact cannot be decided by High Court in s.482 petition – High Court also noted that the intermediary could not claim exemption in case he fails to expeditiously remove or disable access to the objectionable material or unlawful activity, even after receiving actual knowledge thereof and that since i…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1350 · [2019] 14 S.C.R. 849
Allowing the appeals, the Court G HELD: 1. The High Court did not keep in view that even though the respondent’s leave application dated 30.04.2004 was pending consideration, the respondent on her own went and joined Chhattisgarh Institute of Medical Sciences (CIMS) on 15.06.2004 and this has been suppressed by the res…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1349 · [2019] 17 S.C.R. 742
– The refusal to set aside an arbitral award must be under s. 34 i.e. after the grounds set out in s. 34 have been applied to the arbitral award in question and after the courts have turned down such grounds – In the present case there was no adjudication u/s. 34 – Therefore, the appeals filed in the present case do no…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1348 · [2019] 17 S.C.R. 1128
Dr. Anand Vardhan Sharma, Amit Tyagi, V.K. Vashudev, Kailash Prashad Pandey, Advs. for the Respondents. H 1130 SUPREME COURT REPORTS [2019] 17 S.C.R. A The Judgment of the Court was delivered by S. ABDUL NAZEER, J. 1. Delay condoned. 2. Leave granted. B 3. The instant appeal has been filed by the claimants challenging …
Supreme Court of India10 Dec 2019Full text
2019 INSC 1347 · [2019] 15 S.C.R. 1
[2019] 15 S.C.R. 1 1 ABCD A v. UNION OF INDIA & ORS. (Writ Petition (Criminal) No. 191 of 2018) B DECEMBER 10, 2019 [UDAY UMESH LALIT AND INDU MALHOTRA, JJ.] Investigation: Transfer of investigation to Central Agency – FIR No.58 of 2018 filed by the petitioner against respondent no.7-Police Officer alleging that respon…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1346 · [2019] 17 S.C.R. 1187
Test Identification Parade(TIP): Evidentiary value of – TIP which is part of investigation, E affords a platform to lend corroboration to the ultimate statements made by the witness before the court – Weightage to such TIP is to be considered in the facts and circumstances of each case – In cases where material on reco…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1345 · [2019] 14 S.C.R. 556
SRI CHANAPPA NAGAPPA MUCHALAGODA v. DIVISIONAL MANAGER, 557 NEW INDIA INSURANCE COMPANY LIMITED job is not possible, since he would require the assistance of a A person to ensure his mobility and manage his discomfort. As a consequence, the functional disability suffered by the Appellant must be assessed as 100%. [Para…
Supreme Court of India10 Dec 2019Full text
2019 INSC 1344 · [2019] 16 S.C.R. 1049
survivorship but by the rule of primogeniture – In the present case, inheritance of the property post the death of the then Maharaja of the State of Maihar by the new Ruler including ‘BNS’ by application of the rule of primogeniture indicates that it was treated as a State or sovereign property– Property was a part of …
Supreme Court of India9 Dec 2019Full text
2019 INSC 1342 · [2019] 14 S.C.R. 781
DR. TANVI BEHL v. SHREY GOEL & ORS. 783 With A Civil Appeal Nos. 9290. 9291, 9292-9293 of 2019. P.S. Patwalia, Nidhesh Gupta, Sr. Advs., Chandra Prakash, C.P. Rajwar, Vivek Singh, Dhrub Sheoran, Mohit Kumar Daroad, Pankaj Jain, Harshika Verma, Rakesh Dahiya, Avijit Mani Tripathi, B Ms. Japneet Kaur, Ms. Vriti Gujral, M…
Supreme Court of India9 Dec 2019Full text
2019 INSC 1341 · [2019] 16 S.C.R. 1086
amounts – It superimposed a possible value of income from agricultural land despite clear indication in the income tax returns of the income from agricultural land – Such method not sustainable in law – Determination must proceed on the basis of the income tax return, where available, a statutory document on which reli…
Supreme Court of India5 Feb 2019Full text
2019 INSC 134 · [2019] 3 S.C.R. 835
order and restored the order of the assessing authority – Held: Judgment in Mohd. Ekram Khan & Sons case refers to the credit notes received as consideration for the replacement; but the moot point is whether credit notes can be treated as a mode of payment or not – Issue raised, as to whether, in the case of warranty …
Supreme Court of India9 Dec 2019Full text
2019 INSC 1339 · [2019] 14 S.C.R. 774
amount as directed in the impugned orders, ONGC is directed to pay the amounts under the order impugned to the claimants. Partly allowing the appeals, the Court HELD: 1. There is virtually no privity of contract for H providing service between the ONGC and the claimants. From 774 CHAIRMAN-CUM-MANAGING DIRECTOR ONGC LTD…
Also on Law on Tips: Bare Acts · Legal news and analysis