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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.
1,161–1,180 · Page 59 of 382
Supreme Court of India24 Sep 2019Full text
2019 INSC 1074 · [2019] 12 S.C.R. 255
Rent Controller as upheld by the High Court, striking out defence of the tenant has not been exercised judiciously and with circumspection and thus, is unsustainable and set aside. Allowing the appeal, the Court HELD: 1.1 In Section 13(5) of Delhi and Ajmer Rent F Control Act, 1952 the language was that on the failure …
Supreme Court of India23 Sep 2019Full text
2019 INSC 1070 · [2019] 13 S.C.R. 152
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.
1,161–1,180 · Page 59 of 382
Supreme Court of India24 Sep 2019Full text
2019 INSC 1074 · [2019] 12 S.C.R. 255
Rent Controller as upheld by the High Court, striking out defence of the tenant has not been exercised judiciously and with circumspection and thus, is unsustainable and set aside. Allowing the appeal, the Court HELD: 1.1 In Section 13(5) of Delhi and Ajmer Rent F Control Act, 1952 the language was that on the failure …
Supreme Court of India23 Sep 2019Full text
2019 INSC 1070 · [2019] 13 S.C.R. 152
152 SUPREME COURT[2019]REPORTS13 S.C.R. 152 [2019] 13 S.C.R. A GOVINDBHAI CHHOTABHAI PATEL & ORS. v. PATEL RAMANBHAI MATHURBHAI (Civil Appeal No. 7528 of 2019) B SEPTEMBER 23, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Hindu Law – Self-acquired property bequeathed by the father in favour of the son – Nature of such …
Supreme Court of India29 Jan 2019Full text
2019 INSC 107 · [2019] 2 S.C.R. 535
Rajasthan Premises (Control of Rent and Eviction) Act, 1950 – s.6 – Rajasthan Rent Control Act, 2001 – s.6 – Held: A comparison of scheme of s.6 as it existed in Act, 1950 and s.6 as it brought D under Act, 2001 makes it clear that although the tenant under the old Act was entitled to apply for fixation of standard ren…
Supreme Court of India23 Sep 2019Full text
2019 INSC 1068 · [2019] 15 S.C.R. 637
Civil Procedure, 1908 – s.151 – High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001 – r.4(b) – Constitution of India – Arts. 226 and 227 – Arbitration and Conciliation (Amendment) Act, 2019. Arbitration and Conciliation Act, 1996 – s.34(5), (6) – Held: C By adding sub-ss.(5) & (6) to s.34, t…
Supreme Court of India23 Sep 2019Full text
2019 INSC 1067 · [2019] 13 S.C.R. 177
[Para 40][216-C-F] 2. It is well established that no Civil Court can interdict the action initiated in respect of any matter, which a Debt Recovery Tribunal or Debt Recovery Appellate Tribunal is empowere…
Supreme Court of India20 Sep 2019Full text
2019 INSC 1064 · [2019] 13 S.C.R. 115
Allowing the appeals, the Court G HELD: 1. On perusal of the four red ink entries and the nature of allegations and the charge on the basis of which four red entries were awarded to the appellant. It appears that, out of four red ink entries, two entries pertain to 3.3.1994 and one entry H 115 116 SUPREME COURT REPORTS…
Supreme Court of India20 Sep 2019Full text
2019 INSC 1063 · [2019] 13 S.C.R. 122
423 (a), (b) and (d) – Army Act, 1950 – ss.3(i), 9 – Pension Regulations for Army, 1961 – Regulation 173 – Pension Regulations for the Army, 2008 – Armed Forces. Leave Rules for the Services, Volume-I (Army) – rr.10, 11(a) – Held: When Armed Forces personnel is availing casual leave or C annual leave, is to be treated …
Supreme Court of India19 Sep 2019Full text
2019 INSC 1060 · [2019] 12 S.C.R. 661
UNION OF INDIA & ORS. respondent no.4 to the offer very fairly made before this Court. A [Para 20] [668-D-E] 63 Moons Technologies Ltd. (Formerly known as Financial Technologies India Ltd.) & Ors. v. Union of India & Ors. (2019) 7 SCALE 50 – relied on. B Michigan Rubber (India) Ltd. v. State of Karnataka & Ors. (2012) …
Supreme Court of India29 Jan 2019Full text
2019 INSC 106 · [2019] 1 S.C.R. 707
Allowing the appeals, the Court D HELD: 1. In the Statutory Scheme of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990, there is no provision, which prohibits passing an order by an officer lower than the rank of District Magistrate, rather under Section 13, there is no limitation on the State Government while special…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1058 · [2019] 13 S.C.R. 670
Dismissing the appeal, the Court C HELD: 1. The proposition of law that when the document of transfer by gift records delivery of possession, a presumption of acceptance would arise, in the absence of overt repudiation of the gift, by and/or on behalf of the donee, is unexceptionable. As held by the High Court, when th…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1056 · [2019] 13 S.C.R. 1
[2019] 13 S.C.R. 1 1 SMT. GARGI A v. STATE OF HARYANA (Criminal Appeal No. 1046 of 2010) SEPTEMBER 19, 2019 B [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Penal Code, 1860 – s.302 – Conviction under – Prosecution case was that appellant had killed her husband by strangulation and with the help of co-accused persons (h…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1055 · [2019] 12 S.C.R. 270
– Scientific research conducted by Experts in the field has found that the consumption of pan masala with tobacco as well as pan masala sans tobacco is hazardous to health – It was further found that the percentage of teenagers consuming the hazardous product G was very high and as such exposing large chunk of young po…
Supreme Court of India18 Sep 2019Full text
2019 INSC 1054 · [2019] 12 S.C.R. 229
to grant interim protection/injunction by the first appellate M/S TECNIMONT PVT. LTD. (FORMERLY KNOWN AS TECNIMONT ICB 231 PVT. LTD.) v. STATE OF PUNJAB authority in appropriate cases in case of undue hardship is legal A and valid. [Para 24, 6][238-F-G; 239-A, D; 254-B-D] 1.4 As stated in P. Laxmi Devi and Har Devi Asn…
Supreme Court of India18 Sep 2019Full text
2019 INSC 1053 · [2019] 15 S.C.R. 631
– Held: s.92 clearly indicates that either a suit under the provision can be filed by the Advocate General or by two or more persons having interest in the trust and having obtained the leave of the Court – In every suit filed u/s.92, the grant of leave is a necessary pre-requisite before the suit can be said to be pro…
Supreme Court of India18 Sep 2019Full text
2019 INSC 1052 · [2019] 13 S.C.R. 390
Dismissing the appeal, the Court HELD : 1.1 Section 88B of the Bombay Tenancy and Agricultural Lands Act, 1948 provides for exemption of land being the property of a Trust, for inter alia public religious worship and/ G or educational and/or social purpose from the vesting provisions. [Para 23] [399-F] 1.2 The Bombay P…
Supreme Court of India18 Sep 2019Full text
2019 INSC 1051 · [2019] 13 S.C.R. 224
224 GAURAV HARGOVINDBHAI DAVE v. ASSET RECONSTRUCTION 225 COMPANY (INDIA) LTD. B.K.Educational Services Private Limited vs. Parag A Gupta and Associates, 2018 SCC OnLine SC 1921 – referred to. Case Law Reference (2018) SCC OnLine SC 1921 referred to Para 4 B CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4952 of 2019. …
Supreme Court of India18 Sep 2019Full text
2019 INSC 1049 · [2019] 13 S.C.R. 357
letter from the department, appellant realized its mistake in availing exemption under the Notification and started paying duty on waste paper/broke – Thereafter, appellant filed refund claim for the period from July 2001 to March 2002 for an amount in respect of duty paid on the said waste paper – Rejection of the cla…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1048 · [2019] 12 S.C.R. 569
cannot be a ground to start getting pension on the basis of a calculation based on those revised pay-scales – Seeking benefits other than the VRS scheme is misadventure and thus, is rejected – IFCI Staff Regulations, 1974 – Regulation 33. Allowing the appeal, the Court F HELD: 1.1 A reading of the clauses of the Volunt…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1047 · [2019] 13 S.C.R. 349
E Jayant Bhushan, Sr. Adv., Arun K. Sinha, Swastik Verma, Nayan Dubey, Advs. for the Appellant. Narender Hooda, Sr. Adv., Ankur Bansal, Rajendra Beniwal, Simranjeet Singh, Advs. for the Respondents. F The Judgment of the Court was delivered by HEMANT GUPTA, J. 1. The unsuccessful plaintiff is in appeals before this Cou…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1045 · [2019] 13 S.C.R. 340
– However, it is for the experts to award marks for “publications”– F The Court, in exercise of its power of judicial review, cannot award marks for “publications”. Selection Process – Process of conducting separate interviews for the posts under General Category and OBC Category – Held: Such process is not fair and re…
Also on Law on Tips: Bare Acts · Legal news and analysis
152 SUPREME COURT[2019]REPORTS13 S.C.R. 152 [2019] 13 S.C.R. A GOVINDBHAI CHHOTABHAI PATEL & ORS. v. PATEL RAMANBHAI MATHURBHAI (Civil Appeal No. 7528 of 2019) B SEPTEMBER 23, 2019 [L. NAGESWARA RAO AND HEMANT GUPTA, JJ.] Hindu Law – Self-acquired property bequeathed by the father in favour of the son – Nature of such …
Supreme Court of India29 Jan 2019Full text
2019 INSC 107 · [2019] 2 S.C.R. 535
Rajasthan Premises (Control of Rent and Eviction) Act, 1950 – s.6 – Rajasthan Rent Control Act, 2001 – s.6 – Held: A comparison of scheme of s.6 as it existed in Act, 1950 and s.6 as it brought D under Act, 2001 makes it clear that although the tenant under the old Act was entitled to apply for fixation of standard ren…
Supreme Court of India23 Sep 2019Full text
2019 INSC 1068 · [2019] 15 S.C.R. 637
Civil Procedure, 1908 – s.151 – High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001 – r.4(b) – Constitution of India – Arts. 226 and 227 – Arbitration and Conciliation (Amendment) Act, 2019. Arbitration and Conciliation Act, 1996 – s.34(5), (6) – Held: C By adding sub-ss.(5) & (6) to s.34, t…
Supreme Court of India23 Sep 2019Full text
2019 INSC 1067 · [2019] 13 S.C.R. 177
[Para 40][216-C-F] 2. It is well established that no Civil Court can interdict the action initiated in respect of any matter, which a Debt Recovery Tribunal or Debt Recovery Appellate Tribunal is empowere…
Supreme Court of India20 Sep 2019Full text
2019 INSC 1064 · [2019] 13 S.C.R. 115
Allowing the appeals, the Court G HELD: 1. On perusal of the four red ink entries and the nature of allegations and the charge on the basis of which four red entries were awarded to the appellant. It appears that, out of four red ink entries, two entries pertain to 3.3.1994 and one entry H 115 116 SUPREME COURT REPORTS…
Supreme Court of India20 Sep 2019Full text
2019 INSC 1063 · [2019] 13 S.C.R. 122
423 (a), (b) and (d) – Army Act, 1950 – ss.3(i), 9 – Pension Regulations for Army, 1961 – Regulation 173 – Pension Regulations for the Army, 2008 – Armed Forces. Leave Rules for the Services, Volume-I (Army) – rr.10, 11(a) – Held: When Armed Forces personnel is availing casual leave or C annual leave, is to be treated …
Supreme Court of India19 Sep 2019Full text
2019 INSC 1060 · [2019] 12 S.C.R. 661
UNION OF INDIA & ORS. respondent no.4 to the offer very fairly made before this Court. A [Para 20] [668-D-E] 63 Moons Technologies Ltd. (Formerly known as Financial Technologies India Ltd.) & Ors. v. Union of India & Ors. (2019) 7 SCALE 50 – relied on. B Michigan Rubber (India) Ltd. v. State of Karnataka & Ors. (2012) …
Supreme Court of India29 Jan 2019Full text
2019 INSC 106 · [2019] 1 S.C.R. 707
Allowing the appeals, the Court D HELD: 1. In the Statutory Scheme of the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990, there is no provision, which prohibits passing an order by an officer lower than the rank of District Magistrate, rather under Section 13, there is no limitation on the State Government while special…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1058 · [2019] 13 S.C.R. 670
Dismissing the appeal, the Court C HELD: 1. The proposition of law that when the document of transfer by gift records delivery of possession, a presumption of acceptance would arise, in the absence of overt repudiation of the gift, by and/or on behalf of the donee, is unexceptionable. As held by the High Court, when th…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1056 · [2019] 13 S.C.R. 1
[2019] 13 S.C.R. 1 1 SMT. GARGI A v. STATE OF HARYANA (Criminal Appeal No. 1046 of 2010) SEPTEMBER 19, 2019 B [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.] Penal Code, 1860 – s.302 – Conviction under – Prosecution case was that appellant had killed her husband by strangulation and with the help of co-accused persons (h…
Supreme Court of India19 Sep 2019Full text
2019 INSC 1055 · [2019] 12 S.C.R. 270
– Scientific research conducted by Experts in the field has found that the consumption of pan masala with tobacco as well as pan masala sans tobacco is hazardous to health – It was further found that the percentage of teenagers consuming the hazardous product G was very high and as such exposing large chunk of young po…
Supreme Court of India18 Sep 2019Full text
2019 INSC 1054 · [2019] 12 S.C.R. 229
to grant interim protection/injunction by the first appellate M/S TECNIMONT PVT. LTD. (FORMERLY KNOWN AS TECNIMONT ICB 231 PVT. LTD.) v. STATE OF PUNJAB authority in appropriate cases in case of undue hardship is legal A and valid. [Para 24, 6][238-F-G; 239-A, D; 254-B-D] 1.4 As stated in P. Laxmi Devi and Har Devi Asn…
Supreme Court of India18 Sep 2019Full text
2019 INSC 1053 · [2019] 15 S.C.R. 631
– Held: s.92 clearly indicates that either a suit under the provision can be filed by the Advocate General or by two or more persons having interest in the trust and having obtained the leave of the Court – In every suit filed u/s.92, the grant of leave is a necessary pre-requisite before the suit can be said to be pro…
Supreme Court of India18 Sep 2019Full text
2019 INSC 1052 · [2019] 13 S.C.R. 390
Dismissing the appeal, the Court HELD : 1.1 Section 88B of the Bombay Tenancy and Agricultural Lands Act, 1948 provides for exemption of land being the property of a Trust, for inter alia public religious worship and/ G or educational and/or social purpose from the vesting provisions. [Para 23] [399-F] 1.2 The Bombay P…
Supreme Court of India18 Sep 2019Full text
2019 INSC 1051 · [2019] 13 S.C.R. 224
224 GAURAV HARGOVINDBHAI DAVE v. ASSET RECONSTRUCTION 225 COMPANY (INDIA) LTD. B.K.Educational Services Private Limited vs. Parag A Gupta and Associates, 2018 SCC OnLine SC 1921 – referred to. Case Law Reference (2018) SCC OnLine SC 1921 referred to Para 4 B CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4952 of 2019. …
Supreme Court of India18 Sep 2019Full text
2019 INSC 1049 · [2019] 13 S.C.R. 357
letter from the department, appellant realized its mistake in availing exemption under the Notification and started paying duty on waste paper/broke – Thereafter, appellant filed refund claim for the period from July 2001 to March 2002 for an amount in respect of duty paid on the said waste paper – Rejection of the cla…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1048 · [2019] 12 S.C.R. 569
cannot be a ground to start getting pension on the basis of a calculation based on those revised pay-scales – Seeking benefits other than the VRS scheme is misadventure and thus, is rejected – IFCI Staff Regulations, 1974 – Regulation 33. Allowing the appeal, the Court F HELD: 1.1 A reading of the clauses of the Volunt…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1047 · [2019] 13 S.C.R. 349
E Jayant Bhushan, Sr. Adv., Arun K. Sinha, Swastik Verma, Nayan Dubey, Advs. for the Appellant. Narender Hooda, Sr. Adv., Ankur Bansal, Rajendra Beniwal, Simranjeet Singh, Advs. for the Respondents. F The Judgment of the Court was delivered by HEMANT GUPTA, J. 1. The unsuccessful plaintiff is in appeals before this Cou…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1045 · [2019] 13 S.C.R. 340
– However, it is for the experts to award marks for “publications”– F The Court, in exercise of its power of judicial review, cannot award marks for “publications”. Selection Process – Process of conducting separate interviews for the posts under General Category and OBC Category – Held: Such process is not fair and re…
Also on Law on Tips: Bare Acts · Legal news and analysis