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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.
961–980 · Page 49 of 382
Supreme Court of India3 Dec 2019Full text
2019 INSC 1312 · [2019] 17 S.C.R. 539
540 SUPREME COURT REPORTS [2019] 17 S.C.R. A that any new or additional environmental impact is assessed and certified by the relevant regulatory authorities – The lower limit of Entry 8(a) of the Schedule is a built up area of 20,000 sq. mtrs and the upper limit is 1,50,000 sq. mtrs – No doubt, the environmental impac…
Supreme Court of India3 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.
961–980 · Page 49 of 382
Supreme Court of India3 Dec 2019Full text
2019 INSC 1312 · [2019] 17 S.C.R. 539
540 SUPREME COURT REPORTS [2019] 17 S.C.R. A that any new or additional environmental impact is assessed and certified by the relevant regulatory authorities – The lower limit of Entry 8(a) of the Schedule is a built up area of 20,000 sq. mtrs and the upper limit is 1,50,000 sq. mtrs – No doubt, the environmental impac…
Supreme Court of India3 Dec 2019Full text
2019 INSC 1310 · [2019] 17 S.C.R. 559
Art.226/227 of the Constitution, with an order passed by NCLT in proceeding under the IBC, 2016, despite the availability of a statutory alternative remedy of appeal to NCLAT – Held: The decision of the State Government to refuse the benefit of deemed extension of lease, is in the public law domain and, therefore, the …
Supreme Court of India4 Feb 2019Full text
2019 INSC 131 · [2019] 3 S.C.R. 697
Or. XXXIX, r. 1 – Interlocutory mandatory injunction – Grant of – Criteria – Held: When mandatory injunction is granted at interim D stage, much more than a prima facie case has to be made out. Allowing the appeal, the Court HELD: 1. The High Court set aside the concurrent findings of fact and allowed a revision petiti…
Supreme Court of India3 Dec 2019Full text
2019 INSC 1309 · [2019] 14 S.C.R. 433
JAGJEET SINGH LYALLPURI (DEAD) v. M/S UNITOP 435 APARTMENTS & BUILDERS LTD. 70 years of age and suffering from knee problem has pressurized A the respondent to speed up the matter and the evidence was closed. [Para 12 and 13][444-A, E-H; 445-A-B] 1.4 Though the respondent was represented by their counsel and the order …
Supreme Court of India2 Dec 2019Full text
2019 INSC 1307 · [2019] 14 S.C.R. 414
H 414 UNION OF INDIA & ORS. v. LT.COL. SAMEER SINGH 415 Dismissing the appeal, the Court A HELD: 1. When office memorandum dated 12.05.2011 is read, it leaves no manner of doubt that it is only the criteria laid down in this memorandum which would apply to all service officers inducted into DGQA on tenure basis, after …
Supreme Court of India29 Nov 2019Full text
2019 INSC 1305 · [2019] 14 S.C.R. 1103
was no clarity as to how the Corporation had applied the judgment dated 14.1.2010 to calculate the wages, referred the matter back to the Corporation to determine exact amount of wages – High Court also directed the Corporation to determine the profit earned by the contractor – Appeal to Supreme Court by the Contractor…
Supreme Court of India29 Nov 2019Full text
2019 INSC 1304 · [2019] 14 S.C.R. 1081
[2019] 14 S.C.R. 1081 1081 M/S ALKEM LABORATORIES LTD. A v. STATE OF MADHYA PRADESH AND ANR. (Criminal Appeal No.1798 of 2019) NOVEMBER 29, 2019 B [MOHAN M. SHANTANAGOUDAR AND KRISHNA MURARI, JJ.] Prevention of Food Adulteration Act, 1954: s.20A – Impleadment of appellant who was marketer of packed food articles C ‘sug…
Supreme Court of India29 Nov 2019Full text
2019 INSC 1303 · [2019] 17 S.C.R. 422
422 SUPREME COURT[2019]REPORTS17 S.C.R. 422 [2019] 17 S.C.R. A P. GOPALKRISHNAN @ DILEEP v. STATE OF KERALA AND ANR. (Criminal Appeal No. 1794 of 2019) NOVEMBER 29, 2019 B [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Evidence Act, 1872: ss.3 and 65B – Document – Whether the contents of a memory card/pen drive being el…
Supreme Court of India29 Nov 2019Full text
2019 INSC 1302 · [2019] 14 S.C.R. 1097
H UNION OF INDIA AND OTHERS v. RAMESH BISHNOI 1099 Aman Lekhi, ASG, R. Balasubramanian, Sr. Adv., Ms. Rekha A Pandey, Ms. Pooja Dhar, B. V. Balaram Das, Advs. for the Appellants. Ms. Archana Pathak Dave, Kumar Prashant, Ms. Jayati Sharma, Manish Sharma, Virag Gupta, Advs. for the Respondent. The Judgment of the Court w…
Supreme Court of India29 Nov 2019Full text
2019 INSC 1300 · [2019] 17 S.C.R. 474
– Andhra Pradesh Electricity Regulatory Commission (Business Rules of the Commission), Regulations, 1999. G Andhra Pradesh Electricity Reforms Act, 1998: Competence of Commission to determine Grid Support Charges – Commission by order dated 8.2.2002 held that Grid Support Charges would be payable at the rate of 50% of …
Supreme Court of India4 Feb 2019Full text
2019 INSC 130 · [2019] 1 S.C.R. 1074
Allowing the appeal, the Court G HELD: 1.1 The evidence establishes that the injuries were caused by a fire-arm. The multiplicity of wounds indicates that the respondent fired at the injured more than once. The fact that hurt has been caused by the respondent is sufficiently proven. Proof of grievous or life-threatenin…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1299 · [2019] 17 S.C.R. 995
by the respondent – High Court allowed the petition – On appeal, held: Art. 227 is a constitutional provision which remains untouched by the non-obstante clause of s. 5 of the Act – Though petitions can be filed u/Art.227 against judgments allowing or dismissing first appeals u/s. 37 of the Act, yet the High Court woul…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1298 · [2019] 14 S.C.R. 505
discipline has to be treated as a single post for the purpose of reservation within the meaning of Art.16(4) of the Constitution – There was no error in the judgment of High Court – Prayer of the appellant that she continued to work as a Lecturer in English since her appointment in 2002 and during the pendency of appea…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1297 · [2019] 14 S.C.R. 1072
retrospective effect – In the instant case, for the recruitment process for which advertisement was issued on 21.12.2018, the 2019 Procedure (which came into effect from 01.04.2019) can have no application, particularly when the first phase of the selection i.e. the screening test was conducted under the 2010 Rules – C…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1296 · [2019] 14 S.C.R. 1030
contract, at that stage of the lis – However, even if the deposited amount is not considered as additional security amount in its true spirit, as per terms of the agreement the right of the appellant to proceed in accordance with law to assess the damage suffered and to recover the same from the private respondents, wo…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1294 · [2019] 14 S.C.R. 1056
1056 SUPREME COURT[2019]REPORTS14 S.C.R. 1056 [2019] 14 S.C.R. A JAI PRAKASH v. STATE OF UTTAR PRADESH AND OTHERS (Criminal Appeal Nos.1790-1791 of 2019) B NOVEMBER 28, 2019 [R. BANUMATHI, A.S. BOPANNA AND HRISHIKESH ROY, JJ.] Penal Code, 1860 : C ss. 302 and 120B – Prosecution under – Conviction of three of the four a…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1293 · [2019] 14 S.C.R. 1011
Disposing of the appeals, the Court HELD: 1. GO No. 242 dated 22.7.2013 indicates very clearly that the Assistant Engineers who were in the pre-revised pay B scale of Rs.6500-11100 by virtue of acceptance of the recommendations made by the 6th Central Pay Commission were kept in the pay scale of Rs.9300-34800 with grad…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1292 · [2019] 14 S.C.R. 999
Doctrines/Principles: Doctrine of kompetenz-kompetenz – D Applicability of, exception – Held: The doctrine is subject to the exception i.e. when the arbitration agreement itself is impeached as being procured by fraud or deception – This exception would also apply to cases where the parties in the process of negotiatio…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1291 · [2019] 18 S.C.R. 1125
Dismissal of earlier suit for injunction for default – Trial court dismissed the suit for specific performance holding that the plaintiff had omitted to sue for specific performance of the agreement although the cause of action had accrued in favour of the plaintiff at the time when the earlier suit for injunction was …
Supreme Court of India27 Nov 2019Full text
2019 INSC 1290 · [2019] 17 S.C.R. 405
Tribunal to entertain appeal against any order, decision, finding or sentence passed by a Court Martial – The order challenged in the OA in this case is a proceeding by which the General Court Martial was convened – As there was no order, decision, finding or sentence by the Court Martial, an appeal under s.15 per se w…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1310 · [2019] 17 S.C.R. 559
Art.226/227 of the Constitution, with an order passed by NCLT in proceeding under the IBC, 2016, despite the availability of a statutory alternative remedy of appeal to NCLAT – Held: The decision of the State Government to refuse the benefit of deemed extension of lease, is in the public law domain and, therefore, the …
Supreme Court of India4 Feb 2019Full text
2019 INSC 131 · [2019] 3 S.C.R. 697
Or. XXXIX, r. 1 – Interlocutory mandatory injunction – Grant of – Criteria – Held: When mandatory injunction is granted at interim D stage, much more than a prima facie case has to be made out. Allowing the appeal, the Court HELD: 1. The High Court set aside the concurrent findings of fact and allowed a revision petiti…
Supreme Court of India3 Dec 2019Full text
2019 INSC 1309 · [2019] 14 S.C.R. 433
JAGJEET SINGH LYALLPURI (DEAD) v. M/S UNITOP 435 APARTMENTS & BUILDERS LTD. 70 years of age and suffering from knee problem has pressurized A the respondent to speed up the matter and the evidence was closed. [Para 12 and 13][444-A, E-H; 445-A-B] 1.4 Though the respondent was represented by their counsel and the order …
Supreme Court of India2 Dec 2019Full text
2019 INSC 1307 · [2019] 14 S.C.R. 414
H 414 UNION OF INDIA & ORS. v. LT.COL. SAMEER SINGH 415 Dismissing the appeal, the Court A HELD: 1. When office memorandum dated 12.05.2011 is read, it leaves no manner of doubt that it is only the criteria laid down in this memorandum which would apply to all service officers inducted into DGQA on tenure basis, after …
Supreme Court of India29 Nov 2019Full text
2019 INSC 1305 · [2019] 14 S.C.R. 1103
was no clarity as to how the Corporation had applied the judgment dated 14.1.2010 to calculate the wages, referred the matter back to the Corporation to determine exact amount of wages – High Court also directed the Corporation to determine the profit earned by the contractor – Appeal to Supreme Court by the Contractor…
Supreme Court of India29 Nov 2019Full text
2019 INSC 1304 · [2019] 14 S.C.R. 1081
[2019] 14 S.C.R. 1081 1081 M/S ALKEM LABORATORIES LTD. A v. STATE OF MADHYA PRADESH AND ANR. (Criminal Appeal No.1798 of 2019) NOVEMBER 29, 2019 B [MOHAN M. SHANTANAGOUDAR AND KRISHNA MURARI, JJ.] Prevention of Food Adulteration Act, 1954: s.20A – Impleadment of appellant who was marketer of packed food articles C ‘sug…
Supreme Court of India29 Nov 2019Full text
2019 INSC 1303 · [2019] 17 S.C.R. 422
422 SUPREME COURT[2019]REPORTS17 S.C.R. 422 [2019] 17 S.C.R. A P. GOPALKRISHNAN @ DILEEP v. STATE OF KERALA AND ANR. (Criminal Appeal No. 1794 of 2019) NOVEMBER 29, 2019 B [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Evidence Act, 1872: ss.3 and 65B – Document – Whether the contents of a memory card/pen drive being el…
Supreme Court of India29 Nov 2019Full text
2019 INSC 1302 · [2019] 14 S.C.R. 1097
H UNION OF INDIA AND OTHERS v. RAMESH BISHNOI 1099 Aman Lekhi, ASG, R. Balasubramanian, Sr. Adv., Ms. Rekha A Pandey, Ms. Pooja Dhar, B. V. Balaram Das, Advs. for the Appellants. Ms. Archana Pathak Dave, Kumar Prashant, Ms. Jayati Sharma, Manish Sharma, Virag Gupta, Advs. for the Respondent. The Judgment of the Court w…
Supreme Court of India29 Nov 2019Full text
2019 INSC 1300 · [2019] 17 S.C.R. 474
– Andhra Pradesh Electricity Regulatory Commission (Business Rules of the Commission), Regulations, 1999. G Andhra Pradesh Electricity Reforms Act, 1998: Competence of Commission to determine Grid Support Charges – Commission by order dated 8.2.2002 held that Grid Support Charges would be payable at the rate of 50% of …
Supreme Court of India4 Feb 2019Full text
2019 INSC 130 · [2019] 1 S.C.R. 1074
Allowing the appeal, the Court G HELD: 1.1 The evidence establishes that the injuries were caused by a fire-arm. The multiplicity of wounds indicates that the respondent fired at the injured more than once. The fact that hurt has been caused by the respondent is sufficiently proven. Proof of grievous or life-threatenin…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1299 · [2019] 17 S.C.R. 995
by the respondent – High Court allowed the petition – On appeal, held: Art. 227 is a constitutional provision which remains untouched by the non-obstante clause of s. 5 of the Act – Though petitions can be filed u/Art.227 against judgments allowing or dismissing first appeals u/s. 37 of the Act, yet the High Court woul…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1298 · [2019] 14 S.C.R. 505
discipline has to be treated as a single post for the purpose of reservation within the meaning of Art.16(4) of the Constitution – There was no error in the judgment of High Court – Prayer of the appellant that she continued to work as a Lecturer in English since her appointment in 2002 and during the pendency of appea…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1297 · [2019] 14 S.C.R. 1072
retrospective effect – In the instant case, for the recruitment process for which advertisement was issued on 21.12.2018, the 2019 Procedure (which came into effect from 01.04.2019) can have no application, particularly when the first phase of the selection i.e. the screening test was conducted under the 2010 Rules – C…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1296 · [2019] 14 S.C.R. 1030
contract, at that stage of the lis – However, even if the deposited amount is not considered as additional security amount in its true spirit, as per terms of the agreement the right of the appellant to proceed in accordance with law to assess the damage suffered and to recover the same from the private respondents, wo…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1294 · [2019] 14 S.C.R. 1056
1056 SUPREME COURT[2019]REPORTS14 S.C.R. 1056 [2019] 14 S.C.R. A JAI PRAKASH v. STATE OF UTTAR PRADESH AND OTHERS (Criminal Appeal Nos.1790-1791 of 2019) B NOVEMBER 28, 2019 [R. BANUMATHI, A.S. BOPANNA AND HRISHIKESH ROY, JJ.] Penal Code, 1860 : C ss. 302 and 120B – Prosecution under – Conviction of three of the four a…
Supreme Court of India28 Nov 2019Full text
2019 INSC 1293 · [2019] 14 S.C.R. 1011
Disposing of the appeals, the Court HELD: 1. GO No. 242 dated 22.7.2013 indicates very clearly that the Assistant Engineers who were in the pre-revised pay B scale of Rs.6500-11100 by virtue of acceptance of the recommendations made by the 6th Central Pay Commission were kept in the pay scale of Rs.9300-34800 with grad…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1292 · [2019] 14 S.C.R. 999
Doctrines/Principles: Doctrine of kompetenz-kompetenz – D Applicability of, exception – Held: The doctrine is subject to the exception i.e. when the arbitration agreement itself is impeached as being procured by fraud or deception – This exception would also apply to cases where the parties in the process of negotiatio…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1291 · [2019] 18 S.C.R. 1125
Dismissal of earlier suit for injunction for default – Trial court dismissed the suit for specific performance holding that the plaintiff had omitted to sue for specific performance of the agreement although the cause of action had accrued in favour of the plaintiff at the time when the earlier suit for injunction was …
Supreme Court of India27 Nov 2019Full text
2019 INSC 1290 · [2019] 17 S.C.R. 405
Tribunal to entertain appeal against any order, decision, finding or sentence passed by a Court Martial – The order challenged in the OA in this case is a proceeding by which the General Court Martial was convened – As there was no order, decision, finding or sentence by the Court Martial, an appeal under s.15 per se w…
Also on Law on Tips: Bare Acts · Legal news and analysis