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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.
981–1,000 · Page 50 of 382
Supreme Court of India4 Feb 2019Full text
2019 INSC 129 · [2019] 1 S.C.R. 1064
3. If the report of the Local Commissioner was suffering from an irregularity, the proper course for the High Court was Deither to issue a fresh Commission or to remand the matter for reconsideration, but the entire suit could not have been dismissed for any irregularity on the part of Local Commissioner. Hence, the ap…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1289 · [2019] 17 S.C.R. 331
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.
981–1,000 · Page 50 of 382
Supreme Court of India4 Feb 2019Full text
2019 INSC 129 · [2019] 1 S.C.R. 1064
3. If the report of the Local Commissioner was suffering from an irregularity, the proper course for the High Court was Deither to issue a fresh Commission or to remand the matter for reconsideration, but the entire suit could not have been dismissed for any irregularity on the part of Local Commissioner. Hence, the ap…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1289 · [2019] 17 S.C.R. 331
– The scheme of s.87 is different from that of s.26, and is explicit D in stating that court proceedings are merely parasitical on arbitral proceedings – It is, therefore, clear that only arbitral proceedings have to be looked at to see whether the 2015 Amendment Act kicks in – Argument that in the instant case there w…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1288 · [2019] 18 S.C.R. 1116
1116 CENTURY RAYON LIMITED v. IVP LIMITED AND OTHERS 1117 injunction order subject to appellant making an ad hoc payment of A Rs. 20,00,000/- with such payment being subject to outcome of the civil suit or the proceedings under the Telegraph Act for quantifying the compensation payable to first respondent – Indian Tele…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1287 · [2019] 17 S.C.R. 1134
– Held: There was no error in the sanction order – What the law requires is the application of mind by the Sanctioning authority on the material placed before it to satisfy itself of prima facie case that would constitute the offence –…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1286 · [2019] 14 S.C.R. 206
206 SHIV SENA AND ORS. V. UNION OF INDIA AND ORS. 207 was not administered to the elected members even though a month A had elapsed since the declaration of election results – In such emergent facts and circumstances, to curtail unlawful practices such as horse trading, to avoid uncertainty and to effectuate smooth run…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1284 · [2019] 17 S.C.R. 1048
F Disposing of the appeal, the Court HELD: 1. The effect of the first proviso to s. 2(g) of West Bengal Premises Tenancy Act, 1997 is that the time limit of five years is not to apply to the spouse of the tenant who was ordinarily living with the tenant up to his death as a member of G the family and, besides being dep…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1283 · [2019] 17 S.C.R. 305
[2019] 17 S.C.R. 305 305 KARNATAKA STATE POLLUTION CONTROL BOARD A v. B. HEERA NAIK & ORS. ETC. (Criminal Appeal Nos. 1734-1736 of 2019) NOVEMBER 26, 2019 B [ASHOK BHUSHAN AND M. R. SHAH, JJ.] Water (Prevention and Control of Pollution) Act, 1974: s.10 – Whether City Municipal Council is Department of Government – Held…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1282 · [2019] 14 S.C.R. 977
977 978 SUPREME COURT REPORTS [2019] 14 S.C.R. A his evidence, PW-30 did not state anything about the appellant having disobeyed his orders – s.217 is attracted when there is disobedience of the direction of law with intention to save the accused – In a tense situation where there is law and order problem, normally a s…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1281 · [2019] 14 S.C.R. 232
232 SUPREME COURT[2019]REPORTS14 S.C.R. 232 [2019] 14 S.C.R. A GURJIT SINGH v. STATE OF PUNJAB (Criminal Appeal Nos. 1492-1493 of 2010) B NOVEMBER 26, 2019 [NAVIN SINHA AND B. R. GAVAI, JJ.] Penal Code, 1860: s.498-A – Cruelty and harassment on account of dowry demand – Prosecution proved that the deceased was harassed…
Supreme Court of India25 Nov 2019Full text
2019 INSC 1280 · [2019] 14 S.C.R. 220
and that the land was not a ‘Pokhar’ Pond – Held: Allotment having been made in 2012, order passed in 2016 would not operate retrospectively – Moreover, no extra-ordinary circumstances made out in favour of the allottee – Revenue records show that the land was a ‘Pokhar’ – Protection of such village commons is essentia…
Supreme Court of India25 Nov 2019Full text
2019 INSC 1278 · [2019] 17 S.C.R. 247
– The order of High Court was affirmed by Supreme Court – Vendees of 1987 agreement amended their suit for specific performance of 1987 agreement seeking execution of 1986 agreement on the basis of assignment made in their favour – Trial G court dismissed the suits – Appellate Court affirmed the finding of trial court …
Supreme Court of India22 Nov 2019Full text
2019 INSC 1277 · [2019] 17 S.C.R. 139
Practice and Procedure : Petition u/Art. 226 of the Constitution – Preliminary objection as to its maintainability – Notice issued without rejecting preliminary objection which was later made absolute – After completion of pleadings, petition disposed of as not entertainable F on the ground of availability of alternati…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1276 · [2019] 14 S.C.R. 169
– In appeal by both the parties and writ petitions filed by various writ petitioners, held: Detaining Authority while passing the detention orders was aware of the fact that the detenus are actually in custody; that there is a real possibility of their being released on Fbail; and that on being so released they would i…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1275 · [2019] 18 S.C.R. 896
directing the appellant to consider the cases of respondents for regularization as Entomologists – Insofar as consequential monetary benefits is concerned, same directed to be granted w.e.f. date of the judgment of the Tribunal – Respondents entitled to notional pay fixation and continuity of service. D CIVIL APPELLATE…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1274 · [2019] 14 S.C.R. 194
H 194 W. N. ALLAL SUNDARAM v. THE COMMNR. H.R. & C.E. 195 ADMN. DEPT. Dismissing the appeal, the Court A HELD : 1. A ‘specific’ endowment is defined in s.6(19) of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 to mean: (i) Any property or money endowed for the performance of any specific service in a Ma…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1273 · [2019] 17 S.C.R. 119
H 119 120 SUPREME COURT REPORTS [2019] 17 S.C.R. A Dismissing the appeal, the Court HELD: 1. Considering to the factual matrix of the present case, it is noticed that ‘S’ had inherited ancestral property and was alive till 1965. The father of appellant-plaintiff, predeceased him in 1957. The father of appellant was the…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1272 · [2019] 17 S.C.R. 986
– First respondent challenged order of reversion before High Court – High Court dismissed the writ petition holding that the promotion G granted to the first respondent was illegal inasmuch as it was in violation of the principle of seniority-cum-merit – Special leave petition filed by respondent dismissed – First resp…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1271 · [2019] 17 S.C.R. 527
the Disciplinary Authority with liberty to issue notice to show cause to respondent and after allowing him opportunity of submitting representation to arrive at final decision – After order of Tribunal, a notice to show cause was issued to respondent – Disciplinary Authority found that charges were proved against the r…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1270 · [2019] 14 S.C.R. 156
CPC challenging the original decree passed ex-parte, being a statutory right, the defendant cannot be deprived of the statutory right thereby on the ground that the application filed u/or. IX, r. 13 CPC was earlier dismissed – Whether the defendant has adopted dilatory tactics or where there is a lack of bona fide in p…
Supreme Court of India1 Feb 2019Full text
2019 INSC 127 · [2019] 1 S.C.R. 862
E Judicial Propriety – Norms of – Held: Judicial propriety and decorum demands that a judicial order, ad interim, interim or final be vacated, varied, modified, recalled or reviewed by a Bench of coordinate strength or larger strength or a higher forum, but not a smaller Bench of lesser strength, except in cases where …
Also on Law on Tips: Bare Acts · Legal news and analysis
– The scheme of s.87 is different from that of s.26, and is explicit D in stating that court proceedings are merely parasitical on arbitral proceedings – It is, therefore, clear that only arbitral proceedings have to be looked at to see whether the 2015 Amendment Act kicks in – Argument that in the instant case there w…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1288 · [2019] 18 S.C.R. 1116
1116 CENTURY RAYON LIMITED v. IVP LIMITED AND OTHERS 1117 injunction order subject to appellant making an ad hoc payment of A Rs. 20,00,000/- with such payment being subject to outcome of the civil suit or the proceedings under the Telegraph Act for quantifying the compensation payable to first respondent – Indian Tele…
Supreme Court of India27 Nov 2019Full text
2019 INSC 1287 · [2019] 17 S.C.R. 1134
– Held: There was no error in the sanction order – What the law requires is the application of mind by the Sanctioning authority on the material placed before it to satisfy itself of prima facie case that would constitute the offence –…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1286 · [2019] 14 S.C.R. 206
206 SHIV SENA AND ORS. V. UNION OF INDIA AND ORS. 207 was not administered to the elected members even though a month A had elapsed since the declaration of election results – In such emergent facts and circumstances, to curtail unlawful practices such as horse trading, to avoid uncertainty and to effectuate smooth run…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1284 · [2019] 17 S.C.R. 1048
F Disposing of the appeal, the Court HELD: 1. The effect of the first proviso to s. 2(g) of West Bengal Premises Tenancy Act, 1997 is that the time limit of five years is not to apply to the spouse of the tenant who was ordinarily living with the tenant up to his death as a member of G the family and, besides being dep…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1283 · [2019] 17 S.C.R. 305
[2019] 17 S.C.R. 305 305 KARNATAKA STATE POLLUTION CONTROL BOARD A v. B. HEERA NAIK & ORS. ETC. (Criminal Appeal Nos. 1734-1736 of 2019) NOVEMBER 26, 2019 B [ASHOK BHUSHAN AND M. R. SHAH, JJ.] Water (Prevention and Control of Pollution) Act, 1974: s.10 – Whether City Municipal Council is Department of Government – Held…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1282 · [2019] 14 S.C.R. 977
977 978 SUPREME COURT REPORTS [2019] 14 S.C.R. A his evidence, PW-30 did not state anything about the appellant having disobeyed his orders – s.217 is attracted when there is disobedience of the direction of law with intention to save the accused – In a tense situation where there is law and order problem, normally a s…
Supreme Court of India26 Nov 2019Full text
2019 INSC 1281 · [2019] 14 S.C.R. 232
232 SUPREME COURT[2019]REPORTS14 S.C.R. 232 [2019] 14 S.C.R. A GURJIT SINGH v. STATE OF PUNJAB (Criminal Appeal Nos. 1492-1493 of 2010) B NOVEMBER 26, 2019 [NAVIN SINHA AND B. R. GAVAI, JJ.] Penal Code, 1860: s.498-A – Cruelty and harassment on account of dowry demand – Prosecution proved that the deceased was harassed…
Supreme Court of India25 Nov 2019Full text
2019 INSC 1280 · [2019] 14 S.C.R. 220
and that the land was not a ‘Pokhar’ Pond – Held: Allotment having been made in 2012, order passed in 2016 would not operate retrospectively – Moreover, no extra-ordinary circumstances made out in favour of the allottee – Revenue records show that the land was a ‘Pokhar’ – Protection of such village commons is essentia…
Supreme Court of India25 Nov 2019Full text
2019 INSC 1278 · [2019] 17 S.C.R. 247
– The order of High Court was affirmed by Supreme Court – Vendees of 1987 agreement amended their suit for specific performance of 1987 agreement seeking execution of 1986 agreement on the basis of assignment made in their favour – Trial G court dismissed the suits – Appellate Court affirmed the finding of trial court …
Supreme Court of India22 Nov 2019Full text
2019 INSC 1277 · [2019] 17 S.C.R. 139
Practice and Procedure : Petition u/Art. 226 of the Constitution – Preliminary objection as to its maintainability – Notice issued without rejecting preliminary objection which was later made absolute – After completion of pleadings, petition disposed of as not entertainable F on the ground of availability of alternati…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1276 · [2019] 14 S.C.R. 169
– In appeal by both the parties and writ petitions filed by various writ petitioners, held: Detaining Authority while passing the detention orders was aware of the fact that the detenus are actually in custody; that there is a real possibility of their being released on Fbail; and that on being so released they would i…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1275 · [2019] 18 S.C.R. 896
directing the appellant to consider the cases of respondents for regularization as Entomologists – Insofar as consequential monetary benefits is concerned, same directed to be granted w.e.f. date of the judgment of the Tribunal – Respondents entitled to notional pay fixation and continuity of service. D CIVIL APPELLATE…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1274 · [2019] 14 S.C.R. 194
H 194 W. N. ALLAL SUNDARAM v. THE COMMNR. H.R. & C.E. 195 ADMN. DEPT. Dismissing the appeal, the Court A HELD : 1. A ‘specific’ endowment is defined in s.6(19) of Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 to mean: (i) Any property or money endowed for the performance of any specific service in a Ma…
Supreme Court of India22 Nov 2019Full text
2019 INSC 1273 · [2019] 17 S.C.R. 119
H 119 120 SUPREME COURT REPORTS [2019] 17 S.C.R. A Dismissing the appeal, the Court HELD: 1. Considering to the factual matrix of the present case, it is noticed that ‘S’ had inherited ancestral property and was alive till 1965. The father of appellant-plaintiff, predeceased him in 1957. The father of appellant was the…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1272 · [2019] 17 S.C.R. 986
– First respondent challenged order of reversion before High Court – High Court dismissed the writ petition holding that the promotion G granted to the first respondent was illegal inasmuch as it was in violation of the principle of seniority-cum-merit – Special leave petition filed by respondent dismissed – First resp…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1271 · [2019] 17 S.C.R. 527
the Disciplinary Authority with liberty to issue notice to show cause to respondent and after allowing him opportunity of submitting representation to arrive at final decision – After order of Tribunal, a notice to show cause was issued to respondent – Disciplinary Authority found that charges were proved against the r…
Supreme Court of India21 Nov 2019Full text
2019 INSC 1270 · [2019] 14 S.C.R. 156
CPC challenging the original decree passed ex-parte, being a statutory right, the defendant cannot be deprived of the statutory right thereby on the ground that the application filed u/or. IX, r. 13 CPC was earlier dismissed – Whether the defendant has adopted dilatory tactics or where there is a lack of bona fide in p…
Supreme Court of India1 Feb 2019Full text
2019 INSC 127 · [2019] 1 S.C.R. 862
E Judicial Propriety – Norms of – Held: Judicial propriety and decorum demands that a judicial order, ad interim, interim or final be vacated, varied, modified, recalled or reviewed by a Bench of coordinate strength or larger strength or a higher forum, but not a smaller Bench of lesser strength, except in cases where …
Also on Law on Tips: Bare Acts · Legal news and analysis