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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.
1,001–1,020 · Page 51 of 382
Supreme Court of India20 Nov 2019Full text
2019 INSC 1269 · [2019] 14 S.C.R. 106
witnesses or the arguments advanced by the public prosecutor, he may route any questions or points through the public prosecutor himself – Further, if there is a situation where the public prosecutor fails to highlight some issue suggested by the victim’s counsel, he can still channelise his questions or arguments thro…
Supreme Court of India20 Nov 2019Full text
2019 INSC 1268 · [2019] 14 S.C.R. 128
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.
1,001–1,020 · Page 51 of 382
Supreme Court of India20 Nov 2019Full text
2019 INSC 1269 · [2019] 14 S.C.R. 106
witnesses or the arguments advanced by the public prosecutor, he may route any questions or points through the public prosecutor himself – Further, if there is a situation where the public prosecutor fails to highlight some issue suggested by the victim’s counsel, he can still channelise his questions or arguments thro…
Supreme Court of India20 Nov 2019Full text
2019 INSC 1268 · [2019] 14 S.C.R. 128
128 SUPREME COURT[2019]REPORTS14 S.C.R. 128 [2019] 14 S.C.R. A STATE OF UTTAR PRADESH & ANR. v. M/S. BIRLA CORPORATION LIMITED (Civil Appeal No. 1579 of 2019) B NOVEMBER 20, 2019 [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Uttar Pradesh Trade Tax Act, 1948: s. 5 – Rebate of tax on certain purchases or sale – Notifica…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1266 · [2019] 17 S.C.R. 214
claim by way of r.6A was inserted in the CPC by 1976 Amendment Act – Or. VIII, r. 6A does not put an embargo on filing the counter-claim after filing the written statement, rather the restriction is only with respect to the accrual of the cause of action– However, this does not give absolute right to the defendant to f…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1264 · [2019] 14 S.C.R. 95
Allowing the appeals, the Court G HELD : 1. On the strength of the principles accepted and laid down in the Supreme Court cases, their liability is fully established. Merely because the other three accused persons i.e. the present respondents had not used their weapons does H 95 96 SUPREME COURT REPORTS [2019] 14 S.C.R…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1261 · [2019] 15 S.C.R. 427
427 428 SUPREME COURT REPORTS [2019] 15 S.C.R. A there was any serious violation of statutory rules, or any bias, mala fides or arbitrariness in the entire selection process – It was evident from the regulations and guidelines governing the process of selection of non-SCS officers to the IAS, as well as letter issued b…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1260 · [2019] 16 S.C.R. 651
is to be determined based on the date of appointment, it cannot be said that for the purpose of Rule 28(iii), the seniority of direct recruits should be determined on the basis of the date of initiation of the recruitment process – Term “Recruitment Year” does not and cannot mean the year in which, the recruitment proc…
Supreme Court of India18 Nov 2019Full text
2019 INSC 1259 · [2019] 14 S.C.R. 695
– Propriety of – Held: Not proper – In view of the provisions of the IBC, the High Court was not justified in passing the orders for carrying out auction of the assets of the respondent No.4, once the proceedings under the IBC had commenced and an order declaring moratorium was passed by the NCLT – Alienation of the as…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1257 · [2019] 14 S.C.R. 659
– IBBI (CIRP) Regulations, 2016 – Regulations 37, 38, 38(IA) & 39(4). Insolvency and Bankruptcy Code, 2016 – Aim of; insolvency process under– Discussed. E Insolvency and Bankruptcy Code, 2016 – s.238 – Scope of – Discussed. Allowing the appeal, the Court HELD: 1. In the present case, Section 92 of the Mumbai Municipal…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1255 · [2019] 14 S.C.R. 647
[2019] 14 S.C.R. 647 647 RATHNAMMA & ORS. A v. SUJATHAMMA & ORS. (Civil Appeal No. 3050 of 2010) NOVEMBER 15, 2019 B [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Hindu Marriage Act, 1955 – ss.5, 7 and 11 – Succession in the estate on basis of a marriage – Claim for – Plaintiff, maternal grand-daughter of defendant No.1 cla…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1254 · [2019] 14 S.C.R. 618
– Interference with – Held: Not called for – Modifications in drug D release are often desirable to increase the stability, safety and efficacy of the drug, to improve the therapeutic outcome of the drug treatment and/or to increase patient compliance and convenience of administration – Use of the term “sustained relea…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1253 · [2019] 14 S.C.R. 628
– No merit in the contention of the first respondent that his seniority would have enabled his name to be included in the Select List – H 628 UNION PUBLIC SERVICE COMMISSION v. JAWAHAR 629 SANTHKUMAR AND OTHERS Gradation is made by the Selection Committee on the merits based A on the relative assessment – Seniority wou…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1252 · [2019] 17 S.C.R. 76
the rigour of examining the ownership ought not to be indulged in the manner as done in a title suit unless the respondent sets up title to the very rented property which is adverse to that of the landlord – In the instant case, the consideration made by the prescribed authority was in the nature of the title being exa…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1251 · [2019] 17 S.C.R. 89
89 90 SUPREME COURT REPORTS [2019] 17 S.C.R. A order passed on 23.02.2018 stating that interim order dated. 15.02.2018 will continue to hold the field till the High Court decides the matter– Further, Indiabulls Ventures Limited (IVL), with which FHHPL maintains a demat account transferred 12,25,000 shares of FHL held b…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1250 · [2019] 14 S.C.R. 599
UDAY UMESH LALIT, J. 1. This Suit has been filed on 18.05.2018 by State of Tamil Nadu under Article 131 of the Constitution of India against State of Karnataka and Union of India submitting inter alia, B A] “2.The plaintiff (State of Tamil Nadu), and Defendant No.1 (State of Karnataka) are the two riparian States among…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1249 · [2019] 17 S.C.R. 193
193 194 SUPREME COURT REPORTS [2019] 17 S.C.R. A to represent SDJV, as a leading partner to take recourse to arbitration – On appeal, held: The Cls 1.2 and 1.3 of Section-01 of the AOA made it clear that no claims will be raised by the Contractor on any of the pending/settled claims/other claims resulting out of corres…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1248 · [2019] 17 S.C.R. 599
600 SUPREME COURT REPORTS [2019] 17 S.C.R. A Review petitions and the writ petitions may remain pending until determination of the questions, as indicated, by a Larger Bench as may be constituted by the Hon’ble the Chief Justice of India – Per R.F. Nariman, J. (for himself and Dr. D.Y. Chandrachud, J.) (Dissenting) Onl…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1246 · [2019] 14 S.C.R. 579
– Held: Respondent had not registered itself and was not paying any excise duty on the products that it was manufacturing – Search conducted led to the recovery of certain material on the basis of which the Department was considering the matter – At that stage, in the writ petition the order was passed directing the ap…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1245 · [2019] 13 S.C.R. 850
850 SUPREME COURT[2019]REPORTS13 S.C.R. 850 [2019] 13 S.C.R. A TAJ MAHAL HOTEL v. UNITED INDIA INSURANCE COMPANY LTD. & ORS. (Civil Appeal No. 8611 of 2019) B NOVEMBER 14, 2019 [MOHAN M. SHANTANAGOUDAR AND AJAY RASTOGI, JJ.] Consumer Protection – Vehicles of guests handed over to the C hotels for valet parking – Liabil…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1244 · [2019] 13 S.C.R. 829
[2019] 13 S.C.R. 829 829 MANJU PURI A v. RAJIV SINGH HANSPAL & ORS. (Civil Appeal No. 8455 of 2019) B NOVEMBER 14, 2019. [ASHOK BHUSHAN AND NAVIN SINHA, JJ.] Succession Act, 1925: ss. 268, 283, 276 – Probate of Will – Revocation of – Issuance of citation to legal heirs – Requirement of – On facts, testator executed a W…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1243 · [2019] 14 S.C.R. 563
– If in all such cases the third party service-provider disclaims liability on the ground that the hirer of the service is engaged in H 563 564 SUPREME COURT REPORTS [2019] 14 S.C.R. A trade and commerce, it will open Pandora’s box wherein the employer as well as the employees will not have any remedy – Purchase of the…
Also on Law on Tips: Bare Acts · Legal news and analysis
128 SUPREME COURT[2019]REPORTS14 S.C.R. 128 [2019] 14 S.C.R. A STATE OF UTTAR PRADESH & ANR. v. M/S. BIRLA CORPORATION LIMITED (Civil Appeal No. 1579 of 2019) B NOVEMBER 20, 2019 [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Uttar Pradesh Trade Tax Act, 1948: s. 5 – Rebate of tax on certain purchases or sale – Notifica…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1266 · [2019] 17 S.C.R. 214
claim by way of r.6A was inserted in the CPC by 1976 Amendment Act – Or. VIII, r. 6A does not put an embargo on filing the counter-claim after filing the written statement, rather the restriction is only with respect to the accrual of the cause of action– However, this does not give absolute right to the defendant to f…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1264 · [2019] 14 S.C.R. 95
Allowing the appeals, the Court G HELD : 1. On the strength of the principles accepted and laid down in the Supreme Court cases, their liability is fully established. Merely because the other three accused persons i.e. the present respondents had not used their weapons does H 95 96 SUPREME COURT REPORTS [2019] 14 S.C.R…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1261 · [2019] 15 S.C.R. 427
427 428 SUPREME COURT REPORTS [2019] 15 S.C.R. A there was any serious violation of statutory rules, or any bias, mala fides or arbitrariness in the entire selection process – It was evident from the regulations and guidelines governing the process of selection of non-SCS officers to the IAS, as well as letter issued b…
Supreme Court of India19 Nov 2019Full text
2019 INSC 1260 · [2019] 16 S.C.R. 651
is to be determined based on the date of appointment, it cannot be said that for the purpose of Rule 28(iii), the seniority of direct recruits should be determined on the basis of the date of initiation of the recruitment process – Term “Recruitment Year” does not and cannot mean the year in which, the recruitment proc…
Supreme Court of India18 Nov 2019Full text
2019 INSC 1259 · [2019] 14 S.C.R. 695
– Propriety of – Held: Not proper – In view of the provisions of the IBC, the High Court was not justified in passing the orders for carrying out auction of the assets of the respondent No.4, once the proceedings under the IBC had commenced and an order declaring moratorium was passed by the NCLT – Alienation of the as…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1257 · [2019] 14 S.C.R. 659
– IBBI (CIRP) Regulations, 2016 – Regulations 37, 38, 38(IA) & 39(4). Insolvency and Bankruptcy Code, 2016 – Aim of; insolvency process under– Discussed. E Insolvency and Bankruptcy Code, 2016 – s.238 – Scope of – Discussed. Allowing the appeal, the Court HELD: 1. In the present case, Section 92 of the Mumbai Municipal…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1255 · [2019] 14 S.C.R. 647
[2019] 14 S.C.R. 647 647 RATHNAMMA & ORS. A v. SUJATHAMMA & ORS. (Civil Appeal No. 3050 of 2010) NOVEMBER 15, 2019 B [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Hindu Marriage Act, 1955 – ss.5, 7 and 11 – Succession in the estate on basis of a marriage – Claim for – Plaintiff, maternal grand-daughter of defendant No.1 cla…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1254 · [2019] 14 S.C.R. 618
– Interference with – Held: Not called for – Modifications in drug D release are often desirable to increase the stability, safety and efficacy of the drug, to improve the therapeutic outcome of the drug treatment and/or to increase patient compliance and convenience of administration – Use of the term “sustained relea…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1253 · [2019] 14 S.C.R. 628
– No merit in the contention of the first respondent that his seniority would have enabled his name to be included in the Select List – H 628 UNION PUBLIC SERVICE COMMISSION v. JAWAHAR 629 SANTHKUMAR AND OTHERS Gradation is made by the Selection Committee on the merits based A on the relative assessment – Seniority wou…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1252 · [2019] 17 S.C.R. 76
the rigour of examining the ownership ought not to be indulged in the manner as done in a title suit unless the respondent sets up title to the very rented property which is adverse to that of the landlord – In the instant case, the consideration made by the prescribed authority was in the nature of the title being exa…
Supreme Court of India15 Nov 2019Full text
2019 INSC 1251 · [2019] 17 S.C.R. 89
89 90 SUPREME COURT REPORTS [2019] 17 S.C.R. A order passed on 23.02.2018 stating that interim order dated. 15.02.2018 will continue to hold the field till the High Court decides the matter– Further, Indiabulls Ventures Limited (IVL), with which FHHPL maintains a demat account transferred 12,25,000 shares of FHL held b…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1250 · [2019] 14 S.C.R. 599
UDAY UMESH LALIT, J. 1. This Suit has been filed on 18.05.2018 by State of Tamil Nadu under Article 131 of the Constitution of India against State of Karnataka and Union of India submitting inter alia, B A] “2.The plaintiff (State of Tamil Nadu), and Defendant No.1 (State of Karnataka) are the two riparian States among…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1249 · [2019] 17 S.C.R. 193
193 194 SUPREME COURT REPORTS [2019] 17 S.C.R. A to represent SDJV, as a leading partner to take recourse to arbitration – On appeal, held: The Cls 1.2 and 1.3 of Section-01 of the AOA made it clear that no claims will be raised by the Contractor on any of the pending/settled claims/other claims resulting out of corres…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1248 · [2019] 17 S.C.R. 599
600 SUPREME COURT REPORTS [2019] 17 S.C.R. A Review petitions and the writ petitions may remain pending until determination of the questions, as indicated, by a Larger Bench as may be constituted by the Hon’ble the Chief Justice of India – Per R.F. Nariman, J. (for himself and Dr. D.Y. Chandrachud, J.) (Dissenting) Onl…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1246 · [2019] 14 S.C.R. 579
– Held: Respondent had not registered itself and was not paying any excise duty on the products that it was manufacturing – Search conducted led to the recovery of certain material on the basis of which the Department was considering the matter – At that stage, in the writ petition the order was passed directing the ap…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1245 · [2019] 13 S.C.R. 850
850 SUPREME COURT[2019]REPORTS13 S.C.R. 850 [2019] 13 S.C.R. A TAJ MAHAL HOTEL v. UNITED INDIA INSURANCE COMPANY LTD. & ORS. (Civil Appeal No. 8611 of 2019) B NOVEMBER 14, 2019 [MOHAN M. SHANTANAGOUDAR AND AJAY RASTOGI, JJ.] Consumer Protection – Vehicles of guests handed over to the C hotels for valet parking – Liabil…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1244 · [2019] 13 S.C.R. 829
[2019] 13 S.C.R. 829 829 MANJU PURI A v. RAJIV SINGH HANSPAL & ORS. (Civil Appeal No. 8455 of 2019) B NOVEMBER 14, 2019. [ASHOK BHUSHAN AND NAVIN SINHA, JJ.] Succession Act, 1925: ss. 268, 283, 276 – Probate of Will – Revocation of – Issuance of citation to legal heirs – Requirement of – On facts, testator executed a W…
Supreme Court of India14 Nov 2019Full text
2019 INSC 1243 · [2019] 14 S.C.R. 563
– If in all such cases the third party service-provider disclaims liability on the ground that the hirer of the service is engaged in H 563 564 SUPREME COURT REPORTS [2019] 14 S.C.R. A trade and commerce, it will open Pandora’s box wherein the employer as well as the employees will not have any remedy – Purchase of the…
Also on Law on Tips: Bare Acts · Legal news and analysis