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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.
1,081–1,100 · Page 55 of 382
Supreme Court of India21 Oct 2019Full text
2019 INSC 1170 · [2019] 13 S.C.R. 1083
G Ms. Jasmine Damkewala, Sidhartha Barua, Advs. for the Appellant. Bhaskar P. Gupta, Sr. Adv., Kunal Chatterji, Ms. Maitrayee Banerjee, Supratik Sarkar, Sanjoy Kumar Ghosh, Ms. Rupali S. Ghosh, Avijit Bhattacharjee, Advs., for the Respondents. H STRESSED ASSETS STABILIZATION FUND v. WEST BENGAL SMALL 1085 IND. DEVELOPM…
Supreme Court of India31 Jan 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.
1,081–1,100 · Page 55 of 382
Supreme Court of India21 Oct 2019Full text
2019 INSC 1170 · [2019] 13 S.C.R. 1083
G Ms. Jasmine Damkewala, Sidhartha Barua, Advs. for the Appellant. Bhaskar P. Gupta, Sr. Adv., Kunal Chatterji, Ms. Maitrayee Banerjee, Supratik Sarkar, Sanjoy Kumar Ghosh, Ms. Rupali S. Ghosh, Avijit Bhattacharjee, Advs., for the Respondents. H STRESSED ASSETS STABILIZATION FUND v. WEST BENGAL SMALL 1085 IND. DEVELOPM…
Supreme Court of India31 Jan 2019Full text
2019 INSC 117 · [2019] 1 S.C.R. 820
1.2 The appellant did not file the writ petition in his capacity as public-spirited person, i.e., Public Interest Litigation (PIL). It H 820 N. SANKARANARAYANAN v. CHAIRMAN, TAMIL NADU 821 HOUSING BOARD was, on the other hand, a writ petition was filed by the appellant A essentially to settle his personal property righ…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1166 · [2019] 13 S.C.R. 509
mentioned in the PAN database, more particularly when the return has been filed under E-Module scheme– Notices u/s.143(2) are issued on selection of case generated under automated system of the Department which picks up the address of the assessee from the database of the PAN – Therefore, change of address in the datab…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1164 · [2019] 13 S.C.R. 489
B Dismissing the appeal, the Court HELD: 1. Respondents are sought to be proceeded for charge under Section 306/34, IPC mainly relying on the suicide letters written by the deceased girl and the statements recorded C during the investigation. Even according to the case of de facto complainant, respondent Nos. 2 and 3 w…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1163 · [2019] 13 S.C.R. 497
S. P. MISRA & ORS. v. MOHD. LAIQUDDIN KHAN & ANR. 499 against the third parties, such clauses will not bind them, such of A the clauses in the partnership deed, which run contrary to provisions of Indian Partnership Act, 1932, are void and unenforceable. Such clauses are also opposed to public policy. [Paras 16-18] [50…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1162 · [2019] 13 S.C.R. 442
Allowing the appeal, the Court HELD : 1. The question of ouster of the jurisdiction of the F civil court by specially constituted tribunals, not to be readily inferred unless the conditions as under are satisfied. Where the statute gives a finality to the orders of the special Tribunals the civil courts’ jurisdiction m…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1161 · [2019] 13 S.C.R. 819
H 819 820 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The order summoning the appellant for the offences under Section 376(2) of the Indian Penal Code, 1860 read with Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012 is not sustainable in law. The prosecutri…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1160 · [2019] 13 S.C.R. 425
425 426 SUPREME COURT REPORTS [2019] 13 S.C.R. A Rs.1,00,000/- within three months – In case of failure to pay the same, the respondent to undergo imprisonment for six months – Code of Criminal Procedure, 1973 – s.313. Allowing the appeal, the Court HELD: 1.1 The approach of the Trial Court and that of the B High Court…
Supreme Court of India31 Jan 2019Full text
2019 INSC 116 · [2019] 1 S.C.R. 827
[Paras 25, 26][835-G-H] 1.2 Whether it is a suit between the licensor and the licensee or between the landlord and the tenant, such types of H 827 828 SUPREME COURT REPORTS [2019] 1 S.C.R. A suits fall under Section 41 of the Small Cause Courts Act and are, therefore, cognizable by the Courts of Small Causes, Bombay. […
Supreme Court of India17 Oct 2019Full text
2019 INSC 1159 · [2019] 13 S.C.R. 406
– Mere issuance of temporary injunction would not make the dispute bona fide – Therefore, pendency of civil suit and interim reliefs G granted therein would not bar criminal prosecution u/s 630 – Section 630 has to be given liberal interpretation so as to facilitate expeditious recovery of the Company’s property – Ther…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1157 · [2019] 15 S.C.R. 990
and irregular appointees were allowed to continue – In writ petition thereagainst, the Committee Report was quashed with direction to re-instate the employees – As regards irregular appointment, it cannot be said that the appointment of the employees were irregular appointments but are illegal appointment – As such app…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1156 · [2019] 15 S.C.R. 549
550 SUPREME COURT REPORTS [2019] 15 S.C.R. A Companies Act, 1956: ss.293, 531 – Whether the agreement to sell executed by KOFL in favour of petitioner amounted to fraudulent preference and consequently whether the petitioner has a right to seek the execution of sale deed in its favour – Held: s.531 is a provision that …
Supreme Court of India17 Oct 2019Full text
2019 INSC 1155 · [2019] 15 S.C.R. 1022
– Amount can always be directed to be refunded, if deposited in excess – In the instant case, in an application u/ss. 8 and 9, respondent-pre-emptor did not file any material to substantiate even G the plea on the basis of which, even if an inquiry was held, could a conclusion be reached that the stated consideration w…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1154 · [2019] 13 S.C.R. 458
Disposing of the appeal and remitting the matter to High Court, the Court HELD : The notification issued under s. 10 (1) of Contract F Labour (Regulation and Abolition) Act, 1970, prohibiting contract labour would directly impact the workmen in the ONGC but in the writ petitions filed before the two High Courts, the ON…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1153 · [2019] 13 S.C.R. 480
HELD: 1. It is not seriously disputed by the parties with regard to the entering of the agreements for procuring the land in favour of the appellant and respondents have received the amount of Rs.9 crores by way of demand drafts and cheques. It Dis the specific case of the appellant that there are schedules mentioned t…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1152 · [2019] 13 S.C.R. 470
notice to him – High Court quashed the FIR with all proceedings emanating thereto – On appeal, held: The High Court proceeded on the premise that the appellant had admitted the receipt of foreign contribution from his father – However, the case of appellant was that foreign contributions were received by the respondent…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1151 · [2019] 15 S.C.R. 1043
2. In the present case, the compensation for the structure on the land has been deducted from the Award dated 01.10.2003 by the Review Award dated 14.07.2004 on the ground of the same being illegal structure, which actually amounts to Review of the C Award and cannot be said to be a correction of any clerical or arithm…
Supreme Court of India30 Jan 2019Full text
2019 INSC 115 · [2019] 1 S.C.R. 748
748 SUPREME COURT[2019]REPORTS1 S.C.R. 748 [2019] 1 S.C.R. A THE STATE OF BIHAR & ANR. v. DR. SACHINDRA NARAYAN & ORS. (Civil Appeal No. 884 of 2019) B JANUARY 30, 2019 [DR. DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Anugraha Narayan Sinha Institute of Social Studies Act, 1964: C ss. 6, 8, 9 and 10 – Payment of Pe…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1149 · [2019] 13 S.C.R. 754
amendment) Rules 2008 come into existence, which were much more liberal – Now, 50 % of the shops were reserved for the existing licence holders and there were two important conditions; (i) that a person must have licence for 3 years and (ii) that the dealer must have an annual turnover of Rs. 5 lakhs in each of the thr…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1148 · [2019] 13 S.C.R. 741
[2019] 13 S.C.R. 741 741 EBHA ARJUN JADEJA & ORS. A v. THE STATE OF GUJARAT (Criminal Appeal No. 1692 of 2009) B OCTOBER 16, 2019 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ.] Terrorist and Disruptive Activities (Preventive) Act, 1987 – s. 20-A(1) – Compliance of – Three accused persons were stopped and personally searched by…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 117 · [2019] 1 S.C.R. 820
1.2 The appellant did not file the writ petition in his capacity as public-spirited person, i.e., Public Interest Litigation (PIL). It H 820 N. SANKARANARAYANAN v. CHAIRMAN, TAMIL NADU 821 HOUSING BOARD was, on the other hand, a writ petition was filed by the appellant A essentially to settle his personal property righ…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1166 · [2019] 13 S.C.R. 509
mentioned in the PAN database, more particularly when the return has been filed under E-Module scheme– Notices u/s.143(2) are issued on selection of case generated under automated system of the Department which picks up the address of the assessee from the database of the PAN – Therefore, change of address in the datab…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1164 · [2019] 13 S.C.R. 489
B Dismissing the appeal, the Court HELD: 1. Respondents are sought to be proceeded for charge under Section 306/34, IPC mainly relying on the suicide letters written by the deceased girl and the statements recorded C during the investigation. Even according to the case of de facto complainant, respondent Nos. 2 and 3 w…
Supreme Court of India18 Oct 2019Full text
2019 INSC 1163 · [2019] 13 S.C.R. 497
S. P. MISRA & ORS. v. MOHD. LAIQUDDIN KHAN & ANR. 499 against the third parties, such clauses will not bind them, such of A the clauses in the partnership deed, which run contrary to provisions of Indian Partnership Act, 1932, are void and unenforceable. Such clauses are also opposed to public policy. [Paras 16-18] [50…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1162 · [2019] 13 S.C.R. 442
Allowing the appeal, the Court HELD : 1. The question of ouster of the jurisdiction of the F civil court by specially constituted tribunals, not to be readily inferred unless the conditions as under are satisfied. Where the statute gives a finality to the orders of the special Tribunals the civil courts’ jurisdiction m…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1161 · [2019] 13 S.C.R. 819
H 819 820 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The order summoning the appellant for the offences under Section 376(2) of the Indian Penal Code, 1860 read with Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012 is not sustainable in law. The prosecutri…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1160 · [2019] 13 S.C.R. 425
425 426 SUPREME COURT REPORTS [2019] 13 S.C.R. A Rs.1,00,000/- within three months – In case of failure to pay the same, the respondent to undergo imprisonment for six months – Code of Criminal Procedure, 1973 – s.313. Allowing the appeal, the Court HELD: 1.1 The approach of the Trial Court and that of the B High Court…
Supreme Court of India31 Jan 2019Full text
2019 INSC 116 · [2019] 1 S.C.R. 827
[Paras 25, 26][835-G-H] 1.2 Whether it is a suit between the licensor and the licensee or between the landlord and the tenant, such types of H 827 828 SUPREME COURT REPORTS [2019] 1 S.C.R. A suits fall under Section 41 of the Small Cause Courts Act and are, therefore, cognizable by the Courts of Small Causes, Bombay. […
Supreme Court of India17 Oct 2019Full text
2019 INSC 1159 · [2019] 13 S.C.R. 406
– Mere issuance of temporary injunction would not make the dispute bona fide – Therefore, pendency of civil suit and interim reliefs G granted therein would not bar criminal prosecution u/s 630 – Section 630 has to be given liberal interpretation so as to facilitate expeditious recovery of the Company’s property – Ther…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1157 · [2019] 15 S.C.R. 990
and irregular appointees were allowed to continue – In writ petition thereagainst, the Committee Report was quashed with direction to re-instate the employees – As regards irregular appointment, it cannot be said that the appointment of the employees were irregular appointments but are illegal appointment – As such app…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1156 · [2019] 15 S.C.R. 549
550 SUPREME COURT REPORTS [2019] 15 S.C.R. A Companies Act, 1956: ss.293, 531 – Whether the agreement to sell executed by KOFL in favour of petitioner amounted to fraudulent preference and consequently whether the petitioner has a right to seek the execution of sale deed in its favour – Held: s.531 is a provision that …
Supreme Court of India17 Oct 2019Full text
2019 INSC 1155 · [2019] 15 S.C.R. 1022
– Amount can always be directed to be refunded, if deposited in excess – In the instant case, in an application u/ss. 8 and 9, respondent-pre-emptor did not file any material to substantiate even G the plea on the basis of which, even if an inquiry was held, could a conclusion be reached that the stated consideration w…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1154 · [2019] 13 S.C.R. 458
Disposing of the appeal and remitting the matter to High Court, the Court HELD : The notification issued under s. 10 (1) of Contract F Labour (Regulation and Abolition) Act, 1970, prohibiting contract labour would directly impact the workmen in the ONGC but in the writ petitions filed before the two High Courts, the ON…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1153 · [2019] 13 S.C.R. 480
HELD: 1. It is not seriously disputed by the parties with regard to the entering of the agreements for procuring the land in favour of the appellant and respondents have received the amount of Rs.9 crores by way of demand drafts and cheques. It Dis the specific case of the appellant that there are schedules mentioned t…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1152 · [2019] 13 S.C.R. 470
notice to him – High Court quashed the FIR with all proceedings emanating thereto – On appeal, held: The High Court proceeded on the premise that the appellant had admitted the receipt of foreign contribution from his father – However, the case of appellant was that foreign contributions were received by the respondent…
Supreme Court of India17 Oct 2019Full text
2019 INSC 1151 · [2019] 15 S.C.R. 1043
2. In the present case, the compensation for the structure on the land has been deducted from the Award dated 01.10.2003 by the Review Award dated 14.07.2004 on the ground of the same being illegal structure, which actually amounts to Review of the C Award and cannot be said to be a correction of any clerical or arithm…
Supreme Court of India30 Jan 2019Full text
2019 INSC 115 · [2019] 1 S.C.R. 748
748 SUPREME COURT[2019]REPORTS1 S.C.R. 748 [2019] 1 S.C.R. A THE STATE OF BIHAR & ANR. v. DR. SACHINDRA NARAYAN & ORS. (Civil Appeal No. 884 of 2019) B JANUARY 30, 2019 [DR. DHANANJAYA Y CHANDRACHUD AND HEMANT GUPTA, JJ.] Anugraha Narayan Sinha Institute of Social Studies Act, 1964: C ss. 6, 8, 9 and 10 – Payment of Pe…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1149 · [2019] 13 S.C.R. 754
amendment) Rules 2008 come into existence, which were much more liberal – Now, 50 % of the shops were reserved for the existing licence holders and there were two important conditions; (i) that a person must have licence for 3 years and (ii) that the dealer must have an annual turnover of Rs. 5 lakhs in each of the thr…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1148 · [2019] 13 S.C.R. 741
[2019] 13 S.C.R. 741 741 EBHA ARJUN JADEJA & ORS. A v. THE STATE OF GUJARAT (Criminal Appeal No. 1692 of 2009) B OCTOBER 16, 2019 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ.] Terrorist and Disruptive Activities (Preventive) Act, 1987 – s. 20-A(1) – Compliance of – Three accused persons were stopped and personally searched by…
Also on Law on Tips: Bare Acts · Legal news and analysis