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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.
941–960 · Page 48 of 382
Supreme Court of India9 Dec 2019Full text
2019 INSC 1338 · [2019] 17 S.C.R. 1057
interim order stipulating that the appellant would execute bonds in Form B-13 referable to r.9B of the Rules and continue to file monthly RT-12 returns from time to time, on which endorsements were made indicating that it is a case of provisional assessment – Appellant cannot now be permitted to urge that it had not su…
Supreme Court of India6 Dec 2019Full text
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.
941–960 · Page 48 of 382
Supreme Court of India9 Dec 2019Full text
2019 INSC 1338 · [2019] 17 S.C.R. 1057
interim order stipulating that the appellant would execute bonds in Form B-13 referable to r.9B of the Rules and continue to file monthly RT-12 returns from time to time, on which endorsements were made indicating that it is a case of provisional assessment – Appellant cannot now be permitted to urge that it had not su…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1336 · [2019] 17 S.C.R. 1013
Dismissing the appeals, the Court G HELD: 1. Notification dated 9.9.2003 issued in the present case makes it clear that exemption was granted under Section 5A of the Act of 1944, concerning additional duties under the Act of 1957 and additional duties of excise under the Act of 1978. It was questioned on the ground tha…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1333 · [2019] 14 S.C.R. 716
Inquiry: Preliminary inquiry – Requirement of – Before lodging FIR B– Held: Scope and ambit of preliminary inquiry before lodging an FIR, would depend upon the facts of each case – Objective of such inquiry is only to ensure that criminal investigation does not initiate on frivolous and untenable complaint – In the pre…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1332 · [2019] 14 S.C.R. 763
mandated to be followed by Regulation 6 – Seniority also could not have been fixed as per Uttarakhand Government Servant Seniority Service Rules, 2002 – Such Rules since were framed under proviso to Art. 309 of the Constitution, are not applicable to a statutory body unless adopted by such body – Uttar Pradesh Jal Boar…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1331 · [2019] 14 S.C.R. 755
H RAJESH KUMAR DWIVEDI v. STATE OF U.P. & ANR. 757 The Judgment of the Court was delivered by A HEMANT GUPTA, J. 1. The challenge in the present appeal is to an order dated 14th December, 2016 passed by the High Court of Judicature at Allahabad whereby the appeal filed by the appellant challenging the order dated B26th…
Supreme Court of India4 Feb 2019Full text
2019 INSC 133 · [2019] 2 S.C.R. 627
[2019] 2 S.C.R. 627 627 FEDERATION HAJ PTOS OF INDIA A v. UNION OF INDIA Writ Petition (Civil) No. 4 of 2019 FEBRUARY 04, 2019 B [A. K. SIKRI, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Haj Pilgrimage : Haj policy for 2019-23 – Grievance of the petitioner was that some of their vital suggestions, were not incorporated while …
Supreme Court of India6 Dec 2019Full text
2019 INSC 1327 · [2019] 14 S.C.R. 742
742 SUPREME COURT[2019]REPORTS14 S.C.R. 742 [2019] 14 S.C.R. A DARSHAN SINGH v. STATE OF PUNJAB (Criminal Appeal No. 1688 of 2009) B DECEMBER 06, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860: s.302 – Murder – Conviction based on extra judicial confession – A dead body was found in a jute bag in the fi…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1326 · [2019] 14 S.C.R. 704
704 DRAVIDA MUNNETRA KAZHAGAM (DMK) v. 705 SECRETARY GOVERNORS SECRETARIAT AND ORS. notification of elections only after completing “all legal A formalities”– Directions issued – Further, the only grievance raised in the main appeals was that the local body elections ought be held on the basis of the 2011 Census and no…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1325 · [2019] 14 S.C.R. 529
died of head injuries – The statement of the friend of the deceased who was allegedly present with the deceased at the time of the incident was recorded under s.161 – The statement details the alleged incident and names all five accused, attributing to them the common intention to kill the deceased – It was stated that…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1324 · [2019] 14 S.C.R. 546
H 548 SUPREME COURT REPORTS [2019] 14 S.C.R. A C. U. Singh, Sr. Adv., Anupam Varma, Nikhil Sharma, Pukhrambam Ramesh Kumar, Rahul Kinra, Karun Sharma, Advs. for the Appellant. Parag Tripathi, Sr. Adv., R. C. Kaushik, Sumeet Pushkarna, Alok Gupta, Advs. for the Respondents. B The Judgment of the Court was delivered by D…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1322 · [2019] 14 S.C.R. 513
514 SUPREME COURT REPORTS [2019] 14 S.C.R. A consistently been laid down that the protection under Section 197 of the Code is available to the public servants when an offence is said to have been committed ‘while acting or purporting to act in discharge of their official duty’, but where the acts are performed using th…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1321 · [2019] 17 S.C.R. 1155
of the Sessions Court ordering discharge of SCB, SS, LM, RS was affirmed by the High Court – Hence the instant appeal by the State and the complainant – Held: The present case is one where the prosecution has alleged that there was a criminal conspiracy to murder the deceased by all the accused – The crime was not H ST…
Supreme Court of India4 Dec 2019Full text
2019 INSC 1320 · [2019] 15 S.C.R. 196
sell, assessee gave permission to the builder company to start construction on the land – This showed that a license was given upon the land for the purpose of developing the land into flats and selling the same – Such license cannot be said to be ‘possession’ within the meaning of s.53A, which is a legal concept, and …
Supreme Court of India4 Feb 2019Full text
2019 INSC 132 · [2019] 2 S.C.R. 643
punishable u/s. 193 of IPC on basis of the private complaint – Respondent Nos. 2 to 4 filed criminal revision petition before the High Court against the order of the Magistrate – High Court set aside the order of the Magistrate – On appeal, held: Supreme Court in M.S. Ahlawat case held that private complaints are absol…
Supreme Court of India4 Dec 2019Full text
2019 INSC 1319 · [2019] 15 S.C.R. 113
company and thus, s.86(1)(f) was not attracted – Held: If there is an inherent lack of jurisdiction, the plea can be taken up at any stage and also in collateral proceedings – Thus, difficult to countenance to the appellant ‘s argument that having consented, the respondent cannot now turn around and challenge the very …
Supreme Court of India4 Dec 2019Full text
2019 INSC 1318 · [2019] 14 S.C.R. 485
respondent no.1 to 3 sought issuance of recovery certificate against Karkhana and appellant-Bank – Industrial Court held that recovery certificate for unpaid salaries of Karkhana employees could not be issued against the appellant-Bank – It also refused to issue such a certificate against the Karkhana in view of its pr…
Supreme Court of India4 Dec 2019Full text
2019 INSC 1316 · [2019] 14 S.C.R. 473
Nevertheless, the Tribunal went beyond the prayers in the O.A. and ordered for invalid pension and then following his death, ordered for family pension for the widow – In declaring such entitlement, High Court and the Tribunal ignored the qualifying service of 10 years as prescribed in the Pension Rules – Respondent’s …
Supreme Court of India4 Dec 2019Full text
2019 INSC 1315 · [2019] 17 S.C.R. 828
828 SUPREME COURT[2019]REPORTS17 S.C.R. 828 [2019] 17 S.C.R. A HARBHAJAN SINGH ETC. v. STATE OF PUNJAB AND OTHERS (Civil Appeal No. 3674 of 2009) B DECEMBER 04, 2019 [N. V. RAMANA, SANJIV KHANNA AND KRISHNA MURARI, JJ.] Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 – Vires of 1997 Act – Chal…
Supreme Court of India4 Dec 2019Full text
2019 INSC 1314 · [2019] 17 S.C.R. 856
856 SUPREME COURT[2019]REPORTS17 S.C.R. 856 [2019] 17 S.C.R. A THE GREAT EASTERN SHIPPING CO. LTD. v. STATE OF KARNATAKA & ORS. (Civil Appeal No. 3383 of 2004) B DECEMBER 04, 2019 [ARUN MISHRA, M. R. SHAH AND B. R. GAVAI, JJ.] Karnataka Sales Tax Act, 1957: s.5C r/w. Art.366(29A)(d) of the Constitution of India – C Cha…
Supreme Court of India3 Dec 2019Full text
2019 INSC 1313 · [2019] 14 S.C.R. 422
B Allowing the appeal, the Court HELD: 1. As per the allegations in the charge sheet, on the date of occurrence, the accused-respondents went with deceased to the farm of first respondent for ploughing the land with tractor and that all the three consumed liquor together at C the place of incident. Thus, as per the all…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1336 · [2019] 17 S.C.R. 1013
Dismissing the appeals, the Court G HELD: 1. Notification dated 9.9.2003 issued in the present case makes it clear that exemption was granted under Section 5A of the Act of 1944, concerning additional duties under the Act of 1957 and additional duties of excise under the Act of 1978. It was questioned on the ground tha…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1333 · [2019] 14 S.C.R. 716
Inquiry: Preliminary inquiry – Requirement of – Before lodging FIR B– Held: Scope and ambit of preliminary inquiry before lodging an FIR, would depend upon the facts of each case – Objective of such inquiry is only to ensure that criminal investigation does not initiate on frivolous and untenable complaint – In the pre…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1332 · [2019] 14 S.C.R. 763
mandated to be followed by Regulation 6 – Seniority also could not have been fixed as per Uttarakhand Government Servant Seniority Service Rules, 2002 – Such Rules since were framed under proviso to Art. 309 of the Constitution, are not applicable to a statutory body unless adopted by such body – Uttar Pradesh Jal Boar…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1331 · [2019] 14 S.C.R. 755
H RAJESH KUMAR DWIVEDI v. STATE OF U.P. & ANR. 757 The Judgment of the Court was delivered by A HEMANT GUPTA, J. 1. The challenge in the present appeal is to an order dated 14th December, 2016 passed by the High Court of Judicature at Allahabad whereby the appeal filed by the appellant challenging the order dated B26th…
Supreme Court of India4 Feb 2019Full text
2019 INSC 133 · [2019] 2 S.C.R. 627
[2019] 2 S.C.R. 627 627 FEDERATION HAJ PTOS OF INDIA A v. UNION OF INDIA Writ Petition (Civil) No. 4 of 2019 FEBRUARY 04, 2019 B [A. K. SIKRI, S. ABDUL NAZEER AND M. R. SHAH, JJ.] Haj Pilgrimage : Haj policy for 2019-23 – Grievance of the petitioner was that some of their vital suggestions, were not incorporated while …
Supreme Court of India6 Dec 2019Full text
2019 INSC 1327 · [2019] 14 S.C.R. 742
742 SUPREME COURT[2019]REPORTS14 S.C.R. 742 [2019] 14 S.C.R. A DARSHAN SINGH v. STATE OF PUNJAB (Criminal Appeal No. 1688 of 2009) B DECEMBER 06, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Penal Code, 1860: s.302 – Murder – Conviction based on extra judicial confession – A dead body was found in a jute bag in the fi…
Supreme Court of India6 Dec 2019Full text
2019 INSC 1326 · [2019] 14 S.C.R. 704
704 DRAVIDA MUNNETRA KAZHAGAM (DMK) v. 705 SECRETARY GOVERNORS SECRETARIAT AND ORS. notification of elections only after completing “all legal A formalities”– Directions issued – Further, the only grievance raised in the main appeals was that the local body elections ought be held on the basis of the 2011 Census and no…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1325 · [2019] 14 S.C.R. 529
died of head injuries – The statement of the friend of the deceased who was allegedly present with the deceased at the time of the incident was recorded under s.161 – The statement details the alleged incident and names all five accused, attributing to them the common intention to kill the deceased – It was stated that…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1324 · [2019] 14 S.C.R. 546
H 548 SUPREME COURT REPORTS [2019] 14 S.C.R. A C. U. Singh, Sr. Adv., Anupam Varma, Nikhil Sharma, Pukhrambam Ramesh Kumar, Rahul Kinra, Karun Sharma, Advs. for the Appellant. Parag Tripathi, Sr. Adv., R. C. Kaushik, Sumeet Pushkarna, Alok Gupta, Advs. for the Respondents. B The Judgment of the Court was delivered by D…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1322 · [2019] 14 S.C.R. 513
514 SUPREME COURT REPORTS [2019] 14 S.C.R. A consistently been laid down that the protection under Section 197 of the Code is available to the public servants when an offence is said to have been committed ‘while acting or purporting to act in discharge of their official duty’, but where the acts are performed using th…
Supreme Court of India5 Dec 2019Full text
2019 INSC 1321 · [2019] 17 S.C.R. 1155
of the Sessions Court ordering discharge of SCB, SS, LM, RS was affirmed by the High Court – Hence the instant appeal by the State and the complainant – Held: The present case is one where the prosecution has alleged that there was a criminal conspiracy to murder the deceased by all the accused – The crime was not H ST…
Supreme Court of India4 Dec 2019Full text
2019 INSC 1320 · [2019] 15 S.C.R. 196
sell, assessee gave permission to the builder company to start construction on the land – This showed that a license was given upon the land for the purpose of developing the land into flats and selling the same – Such license cannot be said to be ‘possession’ within the meaning of s.53A, which is a legal concept, and …
Supreme Court of India4 Feb 2019Full text
2019 INSC 132 · [2019] 2 S.C.R. 643
punishable u/s. 193 of IPC on basis of the private complaint – Respondent Nos. 2 to 4 filed criminal revision petition before the High Court against the order of the Magistrate – High Court set aside the order of the Magistrate – On appeal, held: Supreme Court in M.S. Ahlawat case held that private complaints are absol…
Supreme Court of India4 Dec 2019Full text
2019 INSC 1319 · [2019] 15 S.C.R. 113
company and thus, s.86(1)(f) was not attracted – Held: If there is an inherent lack of jurisdiction, the plea can be taken up at any stage and also in collateral proceedings – Thus, difficult to countenance to the appellant ‘s argument that having consented, the respondent cannot now turn around and challenge the very …
Supreme Court of India4 Dec 2019Full text
2019 INSC 1318 · [2019] 14 S.C.R. 485
respondent no.1 to 3 sought issuance of recovery certificate against Karkhana and appellant-Bank – Industrial Court held that recovery certificate for unpaid salaries of Karkhana employees could not be issued against the appellant-Bank – It also refused to issue such a certificate against the Karkhana in view of its pr…
Supreme Court of India4 Dec 2019Full text
2019 INSC 1316 · [2019] 14 S.C.R. 473
Nevertheless, the Tribunal went beyond the prayers in the O.A. and ordered for invalid pension and then following his death, ordered for family pension for the widow – In declaring such entitlement, High Court and the Tribunal ignored the qualifying service of 10 years as prescribed in the Pension Rules – Respondent’s …
Supreme Court of India4 Dec 2019Full text
2019 INSC 1315 · [2019] 17 S.C.R. 828
828 SUPREME COURT[2019]REPORTS17 S.C.R. 828 [2019] 17 S.C.R. A HARBHAJAN SINGH ETC. v. STATE OF PUNJAB AND OTHERS (Civil Appeal No. 3674 of 2009) B DECEMBER 04, 2019 [N. V. RAMANA, SANJIV KHANNA AND KRISHNA MURARI, JJ.] Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 – Vires of 1997 Act – Chal…
Supreme Court of India4 Dec 2019Full text
2019 INSC 1314 · [2019] 17 S.C.R. 856
856 SUPREME COURT[2019]REPORTS17 S.C.R. 856 [2019] 17 S.C.R. A THE GREAT EASTERN SHIPPING CO. LTD. v. STATE OF KARNATAKA & ORS. (Civil Appeal No. 3383 of 2004) B DECEMBER 04, 2019 [ARUN MISHRA, M. R. SHAH AND B. R. GAVAI, JJ.] Karnataka Sales Tax Act, 1957: s.5C r/w. Art.366(29A)(d) of the Constitution of India – C Cha…
Supreme Court of India3 Dec 2019Full text
2019 INSC 1313 · [2019] 14 S.C.R. 422
B Allowing the appeal, the Court HELD: 1. As per the allegations in the charge sheet, on the date of occurrence, the accused-respondents went with deceased to the farm of first respondent for ploughing the land with tractor and that all the three consumed liquor together at C the place of incident. Thus, as per the all…
Also on Law on Tips: Bare Acts · Legal news and analysis