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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.
1,141–1,160 · Page 58 of 382
Supreme Court of India4 Jan 2019Full text
2019 INSC 11 · [2019] 3 S.C.R. 713
713 714 SUPREME COURT REPORTS [2019] 3 S.C.R. A whereby prosecution was given last opportunity to procure attendance of the witness and it was observed that since the trial is pending for a long time, steps must be taken by the trial court to conclude the trial as expeditiously as possible, the trial court has allowed …
Supreme Court of India30 Sep 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.
1,141–1,160 · Page 58 of 382
Supreme Court of India4 Jan 2019Full text
2019 INSC 11 · [2019] 3 S.C.R. 713
713 714 SUPREME COURT REPORTS [2019] 3 S.C.R. A whereby prosecution was given last opportunity to procure attendance of the witness and it was observed that since the trial is pending for a long time, steps must be taken by the trial court to conclude the trial as expeditiously as possible, the trial court has allowed …
Supreme Court of India30 Sep 2019Full text
2019 INSC 1099 · [2019] 12 S.C.R. 1071
1071 1072 SUPREME COURT REPORTS [2019] 12 S.C.R. A rectify wrongful calculation of number of vacancies in different categories and to comply with requisite percentage of quota of reservation in different categories as per 1994 Act – By virtue of r.15 and r.6 of UP Subordinate Agriculture Services Rules, 1993 (Agricultu…
Supreme Court of India30 Sep 2019Full text
2019 INSC 1098 · [2019] 14 S.C.R. 974
Case Law Reference 2018 SCC OnLine SC 1921 relied on Para 1 CIVIL APPELLATE JURISDICTION: Civil Appeal No.7673 of F 2019 From the Judgment and Order 05.09.2019 of the National Company Law Appellate Tribunal, New Delhi in Company Appeal (AT) (Ins) No. 177 of 2019 G Mukul Rohatgi, Dr. A. M. Singhvi, K. V. Viswanathan, Sr…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1097 · [2019] 12 S.C.R. 1046
3. The facts on record as stated above further disclose that F the Department was therefore right in invoking principle under said Note 4 and considering the imported items as part of one apparatus or machine to be classifiable under the heading appropriate to the function. The submission advanced by the Appellant in t…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1096 · [2019] 14 S.C.R. 1117
Allowing the appeal, the Court HELD: 1. In the present matter, the evidence of PW15 E shows that from and out of 7 bags of poppy husk, samples weighing about 500 grams were taken out of each bag. Out of these 3500 grams thus taken out, two samples of 500 grams were independently sealed while rest 2500 grams were also s…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1095 · [2019] 12 S.C.R. 796
796 SHIVKISHAN v. SUJATA TARACHAND MAKHIJA AND ORS. 797 Depositors including the Disputant helped the Society to have the A requisite land whereafter the Plots could be carved and allotted to the concerned members – On the other hand, at no stage the Appellant made any such contribution – He was neither present in the …
Supreme Court of India27 Sep 2019Full text
2019 INSC 1094 · [2019] 12 S.C.R. 1064
H 1064 GURU @ GURUBARAN & ORS. v. STATE REP. BY INSP. 1065 OF POLICE Disposing of the appeals, the Court A HELD: 1. The doctor states that the injuries caused the death of the victim. The first injury is a lacerated wound and it is urged by the accused persons, that this injury could not have been caused by sickle (Kod…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1093 · [2019] 12 S.C.R. 768
Allowing the appeals, the Court E HELD: 1.1 The High Court was not right in holding that the bequeath of all the properties by the executants-original tenant of the land in question by way of Will in favour of his brother is hit by statutory prohibition and no rights of tenancy could be claimed on its basis. Thus, the …
Supreme Court of India26 Sep 2019Full text
2019 INSC 1092 · [2019] 12 S.C.R. 738
Counsel was a concession in law and contrary to Statutory Rules, hence, not binding on the State – There cannot be any estoppel against law – Concession – Estoppel – Orissa Revised Scales of Pay Rules, 1989 [as amended by Orissa Revised Scales of Pay (Amendment) Rules, 1990]. F Allowing the appeal, the Court HELD: 1. T…
Supreme Court of India26 Sep 2019Full text
2019 INSC 1091 · [2019] 12 S.C.R. 744
and in pari delicto potior est conditio defendentis et possidentis. Maxims–”ex turpi causa non oritur actio”; “in pari delicto potior est conditio defendentis et possidentis” and “ex dolo malo non oritur actio” – Applicability of – Discussed. Practice & Procedure – Claim of the plaintiff based on illegal C agreement – …
Supreme Court of India29 Jan 2019Full text
2019 INSC 109 · [2019] 1 S.C.R. 741
G WITH Civil Appeal Nos. 1267-1268 of 2019. Brijender Chahar, Sr. Adv. (Amicus Curie) H UNION OF INDIA v. RADHA YADAV 743 Vikramjit Banerjee, ASG, Vikas Singh Jangra, Shashi Bhushan,. A Amit Kumar Pathak, Nachiketa Joshi, Ms. Bharti Tyagi, Sachin Sharma, A.K. Sharma, Mrs. Anil Katiyar, Raj Bahadur Yadav, Advs. for the …
Supreme Court of India26 Sep 2019Full text
2019 INSC 1089 · [2019] 12 S.C.R. 861
– Art.235. Allowing the appeal, the Court HELD: 1.1 There can be no Rule of Law, there can be no G democracy unless there is a strong, fearless and independent judiciary. This independence and fearlessness is not only expected at the level of the Superior Courts but also from the District judiciary. Therefore, it is im…
Supreme Court of India26 Sep 2019Full text
2019 INSC 1087 · [2019] 12 S.C.R. 721
Allowing the appeal, the Court HELD: 1.1 Ordinarily, upon the death of one of the joint mutawallis, the surviving mutawalli becomes the sole mutawalli H 721 722 SUPREME COURT REPORTS [2019] 12 S.C.R. A of the waqf property. In a case where there are more than two joint mutawallis, after the death of one of the mutawall…
Supreme Court of India26 Sep 2019Full text
2019 INSC 1086 · [2019] 12 S.C.R. 711
711 712 SUPREME COURT REPORTS [2019] 12 S.C.R. A law – Also, reading and interpreting the term ‘putro poutradi krome’ lends support to the view that it means son and grandson, generation after generation and therefore does not include any female descendants – Here, given that ‘NK’ was the wife of the last Mutawalli and…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1083 · [2019] 15 S.C.R. 662
662 SUPREME COURT[2019]REPORTS15 S.C.R. 662 [2019] 15 S.C.R. A UNION OF INDIA & ORS. v. LT. COL. KULDEEP YADAV (Civil Appeal No.7603 of 2019) B SEPTEMBER 25, 2019 [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Service Law – Censure – Respondent was commissioned in the Army Corps of Electronics and Mechanical Engineering (EME…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1081 · [2019] 12 S.C.R. 669
minority seats be filled with unreserved meritorious students, only ensured that vacant seats were not wasted – Thus, the G.Os. do not impose any fetters on the freedom of the minority institutions to profess, propagate and practice their religion or the right to establish and administer their educational institution a…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1080 · [2019] 12 S.C.R. 678
– On appeal, held: Trigger point for the purpose of limitation for G filing of a winding up petition would be the date of default in payment of the debt – Though it is clear that a winding up proceeding is a proceeding ‘in rem’ and not a recovery proceeding, the trigger of limitation for the winding up petition would b…
Supreme Court of India29 Jan 2019Full text
2019 INSC 108 · [2019] 1 S.C.R. 682
2.4 Reliance on Section 441(2) of the Companies Act, 1956 C is misplaced for yet another reason. Section 441(2) has to be read with Section 441(1), and so read, makes it clear that it became necessary to enact sub-section (2), because a petition for voluntary winding up of a company presente…
Supreme Court of India24 Sep 2019Full text
2019 INSC 1077 · [2019] 15 S.C.R. 223
223 224 SUPREME COURT REPORTS [2019] 15 S.C.R. A with law – Thus, Section 102 is not a general provision which enables and authorises the police officer to seize immovable property for being able to be produced in the criminal court during trial – This, however, would not bar or prohibit the police officer from seizing…
Supreme Court of India24 Sep 2019Full text
2019 INSC 1075 · [2019] 15 S.C.R. 651
Allowing the appeal, the Court HELD: 1.1 The question of payment of conversion fees Farises only when a decision is taken to grant a Sanad. Therefore, the relevant date for fixing the conversion charges will be the date on which the decision is taken to grant the Sanad. In the instant case, that date appears to be 19.0…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1099 · [2019] 12 S.C.R. 1071
1071 1072 SUPREME COURT REPORTS [2019] 12 S.C.R. A rectify wrongful calculation of number of vacancies in different categories and to comply with requisite percentage of quota of reservation in different categories as per 1994 Act – By virtue of r.15 and r.6 of UP Subordinate Agriculture Services Rules, 1993 (Agricultu…
Supreme Court of India30 Sep 2019Full text
2019 INSC 1098 · [2019] 14 S.C.R. 974
Case Law Reference 2018 SCC OnLine SC 1921 relied on Para 1 CIVIL APPELLATE JURISDICTION: Civil Appeal No.7673 of F 2019 From the Judgment and Order 05.09.2019 of the National Company Law Appellate Tribunal, New Delhi in Company Appeal (AT) (Ins) No. 177 of 2019 G Mukul Rohatgi, Dr. A. M. Singhvi, K. V. Viswanathan, Sr…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1097 · [2019] 12 S.C.R. 1046
3. The facts on record as stated above further disclose that F the Department was therefore right in invoking principle under said Note 4 and considering the imported items as part of one apparatus or machine to be classifiable under the heading appropriate to the function. The submission advanced by the Appellant in t…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1096 · [2019] 14 S.C.R. 1117
Allowing the appeal, the Court HELD: 1. In the present matter, the evidence of PW15 E shows that from and out of 7 bags of poppy husk, samples weighing about 500 grams were taken out of each bag. Out of these 3500 grams thus taken out, two samples of 500 grams were independently sealed while rest 2500 grams were also s…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1095 · [2019] 12 S.C.R. 796
796 SHIVKISHAN v. SUJATA TARACHAND MAKHIJA AND ORS. 797 Depositors including the Disputant helped the Society to have the A requisite land whereafter the Plots could be carved and allotted to the concerned members – On the other hand, at no stage the Appellant made any such contribution – He was neither present in the …
Supreme Court of India27 Sep 2019Full text
2019 INSC 1094 · [2019] 12 S.C.R. 1064
H 1064 GURU @ GURUBARAN & ORS. v. STATE REP. BY INSP. 1065 OF POLICE Disposing of the appeals, the Court A HELD: 1. The doctor states that the injuries caused the death of the victim. The first injury is a lacerated wound and it is urged by the accused persons, that this injury could not have been caused by sickle (Kod…
Supreme Court of India27 Sep 2019Full text
2019 INSC 1093 · [2019] 12 S.C.R. 768
Allowing the appeals, the Court E HELD: 1.1 The High Court was not right in holding that the bequeath of all the properties by the executants-original tenant of the land in question by way of Will in favour of his brother is hit by statutory prohibition and no rights of tenancy could be claimed on its basis. Thus, the …
Supreme Court of India26 Sep 2019Full text
2019 INSC 1092 · [2019] 12 S.C.R. 738
Counsel was a concession in law and contrary to Statutory Rules, hence, not binding on the State – There cannot be any estoppel against law – Concession – Estoppel – Orissa Revised Scales of Pay Rules, 1989 [as amended by Orissa Revised Scales of Pay (Amendment) Rules, 1990]. F Allowing the appeal, the Court HELD: 1. T…
Supreme Court of India26 Sep 2019Full text
2019 INSC 1091 · [2019] 12 S.C.R. 744
and in pari delicto potior est conditio defendentis et possidentis. Maxims–”ex turpi causa non oritur actio”; “in pari delicto potior est conditio defendentis et possidentis” and “ex dolo malo non oritur actio” – Applicability of – Discussed. Practice & Procedure – Claim of the plaintiff based on illegal C agreement – …
Supreme Court of India29 Jan 2019Full text
2019 INSC 109 · [2019] 1 S.C.R. 741
G WITH Civil Appeal Nos. 1267-1268 of 2019. Brijender Chahar, Sr. Adv. (Amicus Curie) H UNION OF INDIA v. RADHA YADAV 743 Vikramjit Banerjee, ASG, Vikas Singh Jangra, Shashi Bhushan,. A Amit Kumar Pathak, Nachiketa Joshi, Ms. Bharti Tyagi, Sachin Sharma, A.K. Sharma, Mrs. Anil Katiyar, Raj Bahadur Yadav, Advs. for the …
Supreme Court of India26 Sep 2019Full text
2019 INSC 1089 · [2019] 12 S.C.R. 861
– Art.235. Allowing the appeal, the Court HELD: 1.1 There can be no Rule of Law, there can be no G democracy unless there is a strong, fearless and independent judiciary. This independence and fearlessness is not only expected at the level of the Superior Courts but also from the District judiciary. Therefore, it is im…
Supreme Court of India26 Sep 2019Full text
2019 INSC 1087 · [2019] 12 S.C.R. 721
Allowing the appeal, the Court HELD: 1.1 Ordinarily, upon the death of one of the joint mutawallis, the surviving mutawalli becomes the sole mutawalli H 721 722 SUPREME COURT REPORTS [2019] 12 S.C.R. A of the waqf property. In a case where there are more than two joint mutawallis, after the death of one of the mutawall…
Supreme Court of India26 Sep 2019Full text
2019 INSC 1086 · [2019] 12 S.C.R. 711
711 712 SUPREME COURT REPORTS [2019] 12 S.C.R. A law – Also, reading and interpreting the term ‘putro poutradi krome’ lends support to the view that it means son and grandson, generation after generation and therefore does not include any female descendants – Here, given that ‘NK’ was the wife of the last Mutawalli and…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1083 · [2019] 15 S.C.R. 662
662 SUPREME COURT[2019]REPORTS15 S.C.R. 662 [2019] 15 S.C.R. A UNION OF INDIA & ORS. v. LT. COL. KULDEEP YADAV (Civil Appeal No.7603 of 2019) B SEPTEMBER 25, 2019 [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.] Service Law – Censure – Respondent was commissioned in the Army Corps of Electronics and Mechanical Engineering (EME…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1081 · [2019] 12 S.C.R. 669
minority seats be filled with unreserved meritorious students, only ensured that vacant seats were not wasted – Thus, the G.Os. do not impose any fetters on the freedom of the minority institutions to profess, propagate and practice their religion or the right to establish and administer their educational institution a…
Supreme Court of India25 Sep 2019Full text
2019 INSC 1080 · [2019] 12 S.C.R. 678
– On appeal, held: Trigger point for the purpose of limitation for G filing of a winding up petition would be the date of default in payment of the debt – Though it is clear that a winding up proceeding is a proceeding ‘in rem’ and not a recovery proceeding, the trigger of limitation for the winding up petition would b…
Supreme Court of India29 Jan 2019Full text
2019 INSC 108 · [2019] 1 S.C.R. 682
2.4 Reliance on Section 441(2) of the Companies Act, 1956 C is misplaced for yet another reason. Section 441(2) has to be read with Section 441(1), and so read, makes it clear that it became necessary to enact sub-section (2), because a petition for voluntary winding up of a company presente…
Supreme Court of India24 Sep 2019Full text
2019 INSC 1077 · [2019] 15 S.C.R. 223
223 224 SUPREME COURT REPORTS [2019] 15 S.C.R. A with law – Thus, Section 102 is not a general provision which enables and authorises the police officer to seize immovable property for being able to be produced in the criminal court during trial – This, however, would not bar or prohibit the police officer from seizing…
Supreme Court of India24 Sep 2019Full text
2019 INSC 1075 · [2019] 15 S.C.R. 651
Allowing the appeal, the Court HELD: 1.1 The question of payment of conversion fees Farises only when a decision is taken to grant a Sanad. Therefore, the relevant date for fixing the conversion charges will be the date on which the decision is taken to grant the Sanad. In the instant case, that date appears to be 19.0…
Also on Law on Tips: Bare Acts · Legal news and analysis