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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.
1,101–1,120 · Page 56 of 382
Supreme Court of India16 Oct 2019Full text
2019 INSC 1147 · [2019] 13 S.C.R. 770
– Order of Labour Court was upheld by Single Judge of High Court – Division Bench of High Court set aside the orders of D courts below holding that jurisdiction u/s. 33(2)(b) could not be expanded to permit the parties to lead evidence which was never produced in domestic enquiry – Appeal to Supreme Court – Held: For a…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1146 · [2019] 15 S.C.R. 936
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.
1,101–1,120 · Page 56 of 382
Supreme Court of India16 Oct 2019Full text
2019 INSC 1147 · [2019] 13 S.C.R. 770
– Order of Labour Court was upheld by Single Judge of High Court – Division Bench of High Court set aside the orders of D courts below holding that jurisdiction u/s. 33(2)(b) could not be expanded to permit the parties to lead evidence which was never produced in domestic enquiry – Appeal to Supreme Court – Held: For a…
Supreme Court of India16 Oct 2019Full text
2019 INSC 1146 · [2019] 15 S.C.R. 936
received by him u/s.173(2); and which power would continue to ensure in such Magistrate at all stages of the Criminal Proceedings until trial itself commences – Further, the “investigation” referred to in s.156(1) of the CrPC would, as per definition of “investigation” u/s.2(h), include all proceedings for collection o…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1145 · [2019] 13 S.C.R. 520
520 STATE OF PUNJAB v. BALJINDER SINGH & ANR. 521 violation of the requirements u/s.50 but, if there be other evidence A on record, such material can certainly be looked into – Since in the present case, seven bags of poppy husk each weighing 34 kgs. were found from the vehicle which was being driven by accused with th…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1144 · [2019] 13 S.C.R. 733
(2) thereof empowers the appropriate legislature to constitute tribunal to deal with the issues relating to rent and its regulations E – Thus, it is not disputed that the State has the power to constitute the Tribunal – Art.246 specifically provides that Parliament has exclusive powers to make laws in respect of matter…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1143 · [2019] 13 S.C.R. 721
722 SUPREME COURT REPORTS [2019] 13 S.C.R. A assessee(s) and to remove the anomalies, the date 01.07.2015 was substituted in s.1(3), in place of 01.04.2016 –By doing so, the assessees, who desired to take the benefit of one time opportunity, could have made declaration prior to 30.09.2015 and paid the tax and penalty p…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1142 · [2019] 13 S.C.R. 695
[2019] 13 S.C.R. 695 695 SHIV KUMAR & ANR. A v. UNION OF INDIA & ORS. (Civil Appeal No. 8003 of 2019) B OCTOBER 14, 2019 [ARUN MISHRA, M. R. SHAH AND B. R. GAVAI, JJ.] Land Acquisition Act, 1894: s.4 – Whether a purchaser of the property after issuance of notification under s.4 of the Act of 1894, can invoke the provis…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1141 · [2019] 13 S.C.R. 681
681 682 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court HELD: 1. The requirement of section 4(2) of the M.B. Zamindari Abolition Act is dual that the land should not only be Khud-kasht, but it should be so recorded in the annual village papers before the date of vesting. As the date of vesting w…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1140 · [2019] 13 S.C.R. 797
797 798 SUPREME COURT REPORTS [2019] 13 S.C.R. A have a nexus with the job being performed - Examining this nexus has been left to the wisdom of the administrative authorities, best equipped to do so as held in M. Rathinaswami's case - Bringing forth from the direct recruitment quota (for which the qualification is the…
Supreme Court of India30 Jan 2019Full text
2019 INSC 114 · [2019] 1 S.C.R. 763
Allowing the appeal, the Court C HELD: 1. The policy in question indicated that the “year of make” of the Excavator was “2007” while the policy was for the period 22.07.2009 to 21.07.2010. The parties were aware that the Excavator was purchased in the year 2007 for Rs.51.74 lakhs. If the contract mentioned the sum insu…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1138 · [2019] 15 S.C.R. 795
Code of Civil Procedure, 1908: s.9A (as inserted by Maharashtra Amendment Act, 1977) – Jurisdiction – When E considering what colour expression “jurisdiction” has in s.9A, it is clearly in the context of power to entertain, jurisdiction takes colour from accompanying word ‘entertain’; i.e. the Court should have jurisdi…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1137 · [2019] 12 S.C.R. 821
F M. R. SHAH, J. 1. In all the writ petitions, the respective petitioners – students have prayed for an appropriate writ, order or direction directing the respondents – State Government to treat the petitioners eligible for reservation under Persons with Disability (PwD category) and grant G them admission in MBBS Cour…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1136 · [2019] 12 S.C.R. 830
H 830 DUNCANS INDUSTRIES LTD. v. A. J. AGROCHEM 831 Dismissing the appeals, the Court A HELD: 1.1 In effect, the appellant has been continued to be in management and control of the tea estates, despite the notification under Section 16E of the Tea Act. It is required to be noted that notification under Section 16E was …
Supreme Court of India4 Oct 2019Full text
2019 INSC 1135 · [2019] 13 S.C.R. 605
605 606 SUPREME COURT REPORTS [2019] 13 S.C.R. A Dismissing the appeal, the Court Per A. S. Bopanna, J. HELD: 1.1 From a perusal of Section 2(1)(c)(vii) of the Commercial Courts Act, 2015 it is noticed that the disputes B arising out of agreements relating to immovable property used exclusively in trade or commerce wil…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1133 · [2019] 13 S.C.R. 646
Disposing of the appeal, the Court E HELD: Respondent No. 1 Municipal Council has published public tender for giving contract of laying sewer without sanction of the funds by the Central Government. The State Level Sanctioning Committee under the Scheme approved the Sewage Scheme for the Yeola Municipal Council on July…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1132 · [2019] 13 S.C.R. 949
949 950 SUPREME COURT REPORTS [2019] 13 S.C.R. A excuse to award a sentence lower than the minimum – Furthermore, the power under Art.142 cannot be used in total violation of the law – When a minimum sentence is prescribed by law, this Court cannot, in exercise of its power under Art. 142, pass an order totally contrar…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1129 · [2019] 17 S.C.R. 164
Corporation – Thereafter, alteration in the criteria for rehabilitation of arrack workers and issuance of Government order directing to earmark the vacancies for dependent sons of arrack workers who perished consequent to loss of employment – Arrack workers filed writ petition seeking implementation of the first govern…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1128 · [2019] 12 S.C.R. 873
Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558 : [2006] 3 SCR 53 ; Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511 : [2007] 4 SCR 428 ; Sukhendu Das v. G Rita Mukherjee (2017) 9 SCC 632 – relied on. Durga Prasad Tripathy v. Arundathi Tripathy (2005) 7 SCC 353 : [2005] 2 Suppl. SCR 833 ; Sanghamitra Ghosh v. Kajal Kumar Ghosh …
Supreme Court of India4 Oct 2019Full text
2019 INSC 1127 · [2019] 13 S.C.R. 924
924 SUPREME COURT[2019]REPORTS13 S.C.R. 924 [2019] 13 S.C.R. A FAINUL KHAN v. STATE OF JHARKHAND AND ANOTHER (Criminal Appeal No(s). 937 of 2011) B OCTOBER 04, 2019 [NAVIN SINHA AND B. R. GAVAI, JJ.] Penal Code, 1860: ss.302/149 and ss.323/149 and s.147 – Conviction under – Plea of appellant that charge was framed unde…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1126 · [2019] 15 S.C.R. 771
[2019] 15 S.C.R. 771 771 THE STATE OF ARUNACHAL PRADESH A v. RAMCHANDRA RABIDAS @ RATAN RABIDAS & ANR. (Criminal Appeal No. 905 of 2010) OCTOBER 04, 2019 B [INDU MALHOTRA AND SANJIV KHANNA, JJ.] Motor Vehicles Act, 1988 – Penal Code, 1860 – Conflict between – The High Court held that road traffic offences shall be deal…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1124 · [2019] 13 S.C.R. 938
Dismissing the appeal, the Court HELD: 1. Defendant nos. 1 and 2 by registered notices dated 28.05.1990 and 12.06.1990 required the plaintiff to get the Fsale deed executed by 25.06.1990. The plaintiff does not dispute that the communication was properly addressed and sent through registered acknowledgement due. If it …
Also on Law on Tips: Bare Acts · Legal news and analysis
received by him u/s.173(2); and which power would continue to ensure in such Magistrate at all stages of the Criminal Proceedings until trial itself commences – Further, the “investigation” referred to in s.156(1) of the CrPC would, as per definition of “investigation” u/s.2(h), include all proceedings for collection o…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1145 · [2019] 13 S.C.R. 520
520 STATE OF PUNJAB v. BALJINDER SINGH & ANR. 521 violation of the requirements u/s.50 but, if there be other evidence A on record, such material can certainly be looked into – Since in the present case, seven bags of poppy husk each weighing 34 kgs. were found from the vehicle which was being driven by accused with th…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1144 · [2019] 13 S.C.R. 733
(2) thereof empowers the appropriate legislature to constitute tribunal to deal with the issues relating to rent and its regulations E – Thus, it is not disputed that the State has the power to constitute the Tribunal – Art.246 specifically provides that Parliament has exclusive powers to make laws in respect of matter…
Supreme Court of India15 Oct 2019Full text
2019 INSC 1143 · [2019] 13 S.C.R. 721
722 SUPREME COURT REPORTS [2019] 13 S.C.R. A assessee(s) and to remove the anomalies, the date 01.07.2015 was substituted in s.1(3), in place of 01.04.2016 –By doing so, the assessees, who desired to take the benefit of one time opportunity, could have made declaration prior to 30.09.2015 and paid the tax and penalty p…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1142 · [2019] 13 S.C.R. 695
[2019] 13 S.C.R. 695 695 SHIV KUMAR & ANR. A v. UNION OF INDIA & ORS. (Civil Appeal No. 8003 of 2019) B OCTOBER 14, 2019 [ARUN MISHRA, M. R. SHAH AND B. R. GAVAI, JJ.] Land Acquisition Act, 1894: s.4 – Whether a purchaser of the property after issuance of notification under s.4 of the Act of 1894, can invoke the provis…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1141 · [2019] 13 S.C.R. 681
681 682 SUPREME COURT REPORTS [2019] 13 S.C.R. A Allowing the appeal, the Court HELD: 1. The requirement of section 4(2) of the M.B. Zamindari Abolition Act is dual that the land should not only be Khud-kasht, but it should be so recorded in the annual village papers before the date of vesting. As the date of vesting w…
Supreme Court of India14 Oct 2019Full text
2019 INSC 1140 · [2019] 13 S.C.R. 797
797 798 SUPREME COURT REPORTS [2019] 13 S.C.R. A have a nexus with the job being performed - Examining this nexus has been left to the wisdom of the administrative authorities, best equipped to do so as held in M. Rathinaswami's case - Bringing forth from the direct recruitment quota (for which the qualification is the…
Supreme Court of India30 Jan 2019Full text
2019 INSC 114 · [2019] 1 S.C.R. 763
Allowing the appeal, the Court C HELD: 1. The policy in question indicated that the “year of make” of the Excavator was “2007” while the policy was for the period 22.07.2009 to 21.07.2010. The parties were aware that the Excavator was purchased in the year 2007 for Rs.51.74 lakhs. If the contract mentioned the sum insu…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1138 · [2019] 15 S.C.R. 795
Code of Civil Procedure, 1908: s.9A (as inserted by Maharashtra Amendment Act, 1977) – Jurisdiction – When E considering what colour expression “jurisdiction” has in s.9A, it is clearly in the context of power to entertain, jurisdiction takes colour from accompanying word ‘entertain’; i.e. the Court should have jurisdi…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1137 · [2019] 12 S.C.R. 821
F M. R. SHAH, J. 1. In all the writ petitions, the respective petitioners – students have prayed for an appropriate writ, order or direction directing the respondents – State Government to treat the petitioners eligible for reservation under Persons with Disability (PwD category) and grant G them admission in MBBS Cour…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1136 · [2019] 12 S.C.R. 830
H 830 DUNCANS INDUSTRIES LTD. v. A. J. AGROCHEM 831 Dismissing the appeals, the Court A HELD: 1.1 In effect, the appellant has been continued to be in management and control of the tea estates, despite the notification under Section 16E of the Tea Act. It is required to be noted that notification under Section 16E was …
Supreme Court of India4 Oct 2019Full text
2019 INSC 1135 · [2019] 13 S.C.R. 605
605 606 SUPREME COURT REPORTS [2019] 13 S.C.R. A Dismissing the appeal, the Court Per A. S. Bopanna, J. HELD: 1.1 From a perusal of Section 2(1)(c)(vii) of the Commercial Courts Act, 2015 it is noticed that the disputes B arising out of agreements relating to immovable property used exclusively in trade or commerce wil…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1133 · [2019] 13 S.C.R. 646
Disposing of the appeal, the Court E HELD: Respondent No. 1 Municipal Council has published public tender for giving contract of laying sewer without sanction of the funds by the Central Government. The State Level Sanctioning Committee under the Scheme approved the Sewage Scheme for the Yeola Municipal Council on July…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1132 · [2019] 13 S.C.R. 949
949 950 SUPREME COURT REPORTS [2019] 13 S.C.R. A excuse to award a sentence lower than the minimum – Furthermore, the power under Art.142 cannot be used in total violation of the law – When a minimum sentence is prescribed by law, this Court cannot, in exercise of its power under Art. 142, pass an order totally contrar…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1129 · [2019] 17 S.C.R. 164
Corporation – Thereafter, alteration in the criteria for rehabilitation of arrack workers and issuance of Government order directing to earmark the vacancies for dependent sons of arrack workers who perished consequent to loss of employment – Arrack workers filed writ petition seeking implementation of the first govern…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1128 · [2019] 12 S.C.R. 873
Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558 : [2006] 3 SCR 53 ; Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511 : [2007] 4 SCR 428 ; Sukhendu Das v. G Rita Mukherjee (2017) 9 SCC 632 – relied on. Durga Prasad Tripathy v. Arundathi Tripathy (2005) 7 SCC 353 : [2005] 2 Suppl. SCR 833 ; Sanghamitra Ghosh v. Kajal Kumar Ghosh …
Supreme Court of India4 Oct 2019Full text
2019 INSC 1127 · [2019] 13 S.C.R. 924
924 SUPREME COURT[2019]REPORTS13 S.C.R. 924 [2019] 13 S.C.R. A FAINUL KHAN v. STATE OF JHARKHAND AND ANOTHER (Criminal Appeal No(s). 937 of 2011) B OCTOBER 04, 2019 [NAVIN SINHA AND B. R. GAVAI, JJ.] Penal Code, 1860: ss.302/149 and ss.323/149 and s.147 – Conviction under – Plea of appellant that charge was framed unde…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1126 · [2019] 15 S.C.R. 771
[2019] 15 S.C.R. 771 771 THE STATE OF ARUNACHAL PRADESH A v. RAMCHANDRA RABIDAS @ RATAN RABIDAS & ANR. (Criminal Appeal No. 905 of 2010) OCTOBER 04, 2019 B [INDU MALHOTRA AND SANJIV KHANNA, JJ.] Motor Vehicles Act, 1988 – Penal Code, 1860 – Conflict between – The High Court held that road traffic offences shall be deal…
Supreme Court of India4 Oct 2019Full text
2019 INSC 1124 · [2019] 13 S.C.R. 938
Dismissing the appeal, the Court HELD: 1. Defendant nos. 1 and 2 by registered notices dated 28.05.1990 and 12.06.1990 required the plaintiff to get the Fsale deed executed by 25.06.1990. The plaintiff does not dispute that the communication was properly addressed and sent through registered acknowledgement due. If it …
Also on Law on Tips: Bare Acts · Legal news and analysis