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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.
1,181–1,200 · Page 60 of 382
Supreme Court of India17 Sep 2019Full text
2019 INSC 1042 · [2019] 12 S.C.R. 549
[2019] 12 S.C.R. 549 549 D.A.V. COLLEGE TRUST AND MANAGEMENT A SOCIETY & ORS. v. DIRECTOR OF PUBLIC INSTRUCTIONS & ORS. (Civil Appeal No. 9828 of 2013) B SEPTEMBER 17, 2019 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ] Right to Information Act, 2005: C s. 2(h) – Public Authority – Non-governmental organizations (NGO) substanti…
Supreme Court of India17 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.
1,181–1,200 · Page 60 of 382
Supreme Court of India17 Sep 2019Full text
2019 INSC 1042 · [2019] 12 S.C.R. 549
[2019] 12 S.C.R. 549 549 D.A.V. COLLEGE TRUST AND MANAGEMENT A SOCIETY & ORS. v. DIRECTOR OF PUBLIC INSTRUCTIONS & ORS. (Civil Appeal No. 9828 of 2013) B SEPTEMBER 17, 2019 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ] Right to Information Act, 2005: C s. 2(h) – Public Authority – Non-governmental organizations (NGO) substanti…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1041 · [2019] 18 S.C.R. 969
[2019] 18 S.C.R. 969 969 MAHESHWARY HANDLING AGENCY A PRIVATE LIMITED v. BOARD OF TRUSTEES OF KANDLA PORT TRUST AND OTHERS B (Civil Appeal No. 5277 of 2010) SEPTEMBER 17, 2019 [INDU MALHOTRA AND SANJIV KHANNA, JJ.] Ports – Major Port Trusts Act, 1963 – ss.52 and 47A – C Notification dated 4th November, 1993 published u…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1040 · [2019] 12 S.C.R. 532
– Direction to invite the tenders again by publishing the Notice D Inviting Tender (NIT) in at least one National level English newspaper and one State level reputed Hindi newspaper– High Court quashing the order dtd. 03.07.10, directed respondent no.3 to grant approval on behalf of the State Government for allotment o…
Supreme Court of India29 Jan 2019Full text
2019 INSC 104 · [2019] 1 S.C.R. 717
[2019] 1 S.C.R. 717 717 PYARELAL A v. SHUBHENDRA PILANIA (MINOR) THROUGH NATURAL GUARDIAN (FATHER) SHRI PRADEEP KUMAR PILANIA & ORS. B (Civil Appeal Nos. 1269-70 of 2019) JANUARY 29, 2019 [U. U. LALIT AND DR. DHANANJAYA Y CHANDRACHUD, JJ.] C Code of Civil Procedure, 1908: s. 9 – Jurisdiction of civil court – Whether ba…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1039 · [2019] 13 S.C.R. 307
admeasuring 619 decimals at the rate of Rs. 30 lakhs per acre – The intervention application was rejected by the State Government – Order of State Government challenged in writ petition by respondent Nos. 4 and 5 taking the ground that the appellant was not a tenant and that they were willing to offer the rate of Rs. 2…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1036 · [2019] 13 S.C.R. 323
U.P. Land Laws (Amendment) Act, 1982 – When not applicable C – Discussed. Dismissing the appeals, the Court HELD : 1.1 It emerges from the pre amendment (U.P. Act No. 20 of 1982 w.e.f. 3rd June, 1981) scheme of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 that any transfer D made in contravention of…
Supreme Court of India16 Sep 2019Full text
2019 INSC 1035 · [2019] 12 S.C.R. 516
516 PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY (NOW 517 GLADA) v. VIDYA CHETAL appropriate Bench for considering the case on merits after obtaining A orders from the Hon’ble Chief Justice of India – Interpretation of Statutes. Words & Phrases – Meaning of expression ‘deficiency in services’ – Explained – Consumer …
Supreme Court of India16 Sep 2019Full text
2019 INSC 1034 · [2019] 12 S.C.R. 472
Orissa (Non–Government Colleges, Junior Colleges and Higher Secondary Schools) Grant in aid Order, 1994 – Orissa (Non– Government Colleges, Junior Colleges and Higher Secondary G Schools) Grant in aid Order, 2004 – Repeal of Order of 1994, by the Order of 2004 – Effect of – Held: It is clear from Paragraph 4 of the Ord…
Supreme Court of India16 Sep 2019Full text
2019 INSC 1033 · [2019] 13 S.C.R. 109
lawyer and not because the law required him to do so – This is also gratification of a different kind – Judicial Officer concerned did not live upto the expectations of integrity, behavior and probity expected of him – His conduct is as such that no leniency can be shown – Thus, the punishment of dismissal from service…
Supreme Court of India13 Sep 2019Full text
2019 INSC 1031 · [2019] 12 S.C.R. 444
than indulgent in allotting two plots without any advertisement – Public property could not be disposed of without any advertisement and without giving opportunity to eligible persons to apply and seek consideration of allotment of public property in a transparent and non-discriminatory manner – Thus, the allotment of …
Supreme Court of India13 Sep 2019Full text
2019 INSC 1030 · [2019] 12 S.C.R. 415
other persons – Therefore, such confession is not hit by s.25, Evidence Act r/w. s.133, 1950 Act and the Army Order – Further, no reason not to take into consideration the scanned copies of the original handwritten slips in evidence, as PW-1 & PW-6 are the persons who saw the originals and deposed that the scanned copi…
Supreme Court of India29 Jan 2019Full text
2019 INSC 103 · [2019] 1 S.C.R. 1035
before the Tribunal while one officer was not successful – Two of the officers were taken back in service pursuant to the order of Tribunal and order of the Tribunal in respect of one officer was stayed – On appeal, Held: As a member of Armed Force, those who are subject to the provisions Air Force Act, 1950 are govern…
Supreme Court of India13 Sep 2019Full text
2019 INSC 1029 · [2019] 12 S.C.R. 390
390 SUPREME COURT[2019]REPORTS12 S.C.R. 390 [2019] 12 S.C.R. A JOSE PAULO COUTINHO v. MARIA LUIZAVALENTINA PEREIRA & ANR. (Civil Appeal No. 7378 of 2010) B SEPTEMBER 13, 2019 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ] Portuguese Civil Code, 1867: Whether Portuguese Civil Code, a foreign law – Applicability C of principles o…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1026 · [2019] 12 S.C.R. 373
direction to appoint the respondent to the post of Teacher Grade III (Level I) with all consequential benefits – Dismissed– Division Bench allowed the writ petition holding that the proviso to r.266(3) remained intact despite the substitution of r.266(3) by Notification dtd. 11.5.11 – On appeal, held: Proviso was intro…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1023 · [2019] 12 S.C.R. 166
Disposing of the appeal, the Court C HELD: 1.1 The High Court gravely erred in holding that defendant nos. 1 and 2 could maintain an appeal challenging the finding of the trial court that defendant no. 3 was not the owner of the property when defendant no. 3 himself had not challenged this. Defendant nos. 1 and 2 only …
Supreme Court of India12 Sep 2019Full text
2019 INSC 1021 · [2019] 12 S.C.R. 146
parent establishment – Said order upheld by the Appellate tribunal as also Single Judge and the Division Bench of the High Court – On appeal, held: Findings qua all the three establishment satisfy the functional integrality and the general unity of purpose test, and the same are met in the facts of the instant case – T…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1020 · [2019] 12 S.C.R. 293
G Writ: Writ of Certiorari – Nature and scope of – Held: Jurisdiction to issue writ of certiorari is supervisory and not appellate – It is intended to correct jurisdictional excesses – An erroneous decision H 293 294 SUPREME COURT REPORTS [2019] 12 S.C.R. A in respect of a matter which falls within the authority of the…
Supreme Court of India29 Jan 2019Full text
2019 INSC 102 · [2019] 2 S.C.R. 551
FERA – Proper appellate authority for deciding – Special Director (Appeals) u/s.17 of 1999 Act-FEMA (that replaced FERA) or Appellate Tribunal u/s.19 of FEMA – On 01.05.1991 show cause notice issued by the Special Director to respondent no.2 and its two directors, respondent nos.3 and 4 for allegedly contravening provi…
Supreme Court of India11 Sep 2019Full text
2019 INSC 1018 · [2019] 12 S.C.R. 220
– The contention raised on behalf of the applicant was that since the three-Judge Bench in Para 84 of the judgment in *NOIDA Park E case observed that EIA Notification dated 14.09.2006 called for a closer second look by the authorities concerned especially in respect of the projects/activities falling within the ambit …
Supreme Court of India11 Sep 2019Full text
2019 INSC 1017 · [2019] 12 S.C.R. 352
is not entitled for the possession of the secured asset for more than one year from the date of execution of unregistered tenancy agreement – On appeal, held: Claim of bona fide tenancy of the tenant cannot be accepted, as there is no good or sufficient evidence to establish the tenancy – Records do not demonstrate tha…
Also on Law on Tips: Bare Acts · Legal news and analysis
2019 INSC 1041 · [2019] 18 S.C.R. 969
[2019] 18 S.C.R. 969 969 MAHESHWARY HANDLING AGENCY A PRIVATE LIMITED v. BOARD OF TRUSTEES OF KANDLA PORT TRUST AND OTHERS B (Civil Appeal No. 5277 of 2010) SEPTEMBER 17, 2019 [INDU MALHOTRA AND SANJIV KHANNA, JJ.] Ports – Major Port Trusts Act, 1963 – ss.52 and 47A – C Notification dated 4th November, 1993 published u…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1040 · [2019] 12 S.C.R. 532
– Direction to invite the tenders again by publishing the Notice D Inviting Tender (NIT) in at least one National level English newspaper and one State level reputed Hindi newspaper– High Court quashing the order dtd. 03.07.10, directed respondent no.3 to grant approval on behalf of the State Government for allotment o…
Supreme Court of India29 Jan 2019Full text
2019 INSC 104 · [2019] 1 S.C.R. 717
[2019] 1 S.C.R. 717 717 PYARELAL A v. SHUBHENDRA PILANIA (MINOR) THROUGH NATURAL GUARDIAN (FATHER) SHRI PRADEEP KUMAR PILANIA & ORS. B (Civil Appeal Nos. 1269-70 of 2019) JANUARY 29, 2019 [U. U. LALIT AND DR. DHANANJAYA Y CHANDRACHUD, JJ.] C Code of Civil Procedure, 1908: s. 9 – Jurisdiction of civil court – Whether ba…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1039 · [2019] 13 S.C.R. 307
admeasuring 619 decimals at the rate of Rs. 30 lakhs per acre – The intervention application was rejected by the State Government – Order of State Government challenged in writ petition by respondent Nos. 4 and 5 taking the ground that the appellant was not a tenant and that they were willing to offer the rate of Rs. 2…
Supreme Court of India17 Sep 2019Full text
2019 INSC 1036 · [2019] 13 S.C.R. 323
U.P. Land Laws (Amendment) Act, 1982 – When not applicable C – Discussed. Dismissing the appeals, the Court HELD : 1.1 It emerges from the pre amendment (U.P. Act No. 20 of 1982 w.e.f. 3rd June, 1981) scheme of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 that any transfer D made in contravention of…
Supreme Court of India16 Sep 2019Full text
2019 INSC 1035 · [2019] 12 S.C.R. 516
516 PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY (NOW 517 GLADA) v. VIDYA CHETAL appropriate Bench for considering the case on merits after obtaining A orders from the Hon’ble Chief Justice of India – Interpretation of Statutes. Words & Phrases – Meaning of expression ‘deficiency in services’ – Explained – Consumer …
Supreme Court of India16 Sep 2019Full text
2019 INSC 1034 · [2019] 12 S.C.R. 472
Orissa (Non–Government Colleges, Junior Colleges and Higher Secondary Schools) Grant in aid Order, 1994 – Orissa (Non– Government Colleges, Junior Colleges and Higher Secondary G Schools) Grant in aid Order, 2004 – Repeal of Order of 1994, by the Order of 2004 – Effect of – Held: It is clear from Paragraph 4 of the Ord…
Supreme Court of India16 Sep 2019Full text
2019 INSC 1033 · [2019] 13 S.C.R. 109
lawyer and not because the law required him to do so – This is also gratification of a different kind – Judicial Officer concerned did not live upto the expectations of integrity, behavior and probity expected of him – His conduct is as such that no leniency can be shown – Thus, the punishment of dismissal from service…
Supreme Court of India13 Sep 2019Full text
2019 INSC 1031 · [2019] 12 S.C.R. 444
than indulgent in allotting two plots without any advertisement – Public property could not be disposed of without any advertisement and without giving opportunity to eligible persons to apply and seek consideration of allotment of public property in a transparent and non-discriminatory manner – Thus, the allotment of …
Supreme Court of India13 Sep 2019Full text
2019 INSC 1030 · [2019] 12 S.C.R. 415
other persons – Therefore, such confession is not hit by s.25, Evidence Act r/w. s.133, 1950 Act and the Army Order – Further, no reason not to take into consideration the scanned copies of the original handwritten slips in evidence, as PW-1 & PW-6 are the persons who saw the originals and deposed that the scanned copi…
Supreme Court of India29 Jan 2019Full text
2019 INSC 103 · [2019] 1 S.C.R. 1035
before the Tribunal while one officer was not successful – Two of the officers were taken back in service pursuant to the order of Tribunal and order of the Tribunal in respect of one officer was stayed – On appeal, Held: As a member of Armed Force, those who are subject to the provisions Air Force Act, 1950 are govern…
Supreme Court of India13 Sep 2019Full text
2019 INSC 1029 · [2019] 12 S.C.R. 390
390 SUPREME COURT[2019]REPORTS12 S.C.R. 390 [2019] 12 S.C.R. A JOSE PAULO COUTINHO v. MARIA LUIZAVALENTINA PEREIRA & ANR. (Civil Appeal No. 7378 of 2010) B SEPTEMBER 13, 2019 [DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ] Portuguese Civil Code, 1867: Whether Portuguese Civil Code, a foreign law – Applicability C of principles o…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1026 · [2019] 12 S.C.R. 373
direction to appoint the respondent to the post of Teacher Grade III (Level I) with all consequential benefits – Dismissed– Division Bench allowed the writ petition holding that the proviso to r.266(3) remained intact despite the substitution of r.266(3) by Notification dtd. 11.5.11 – On appeal, held: Proviso was intro…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1023 · [2019] 12 S.C.R. 166
Disposing of the appeal, the Court C HELD: 1.1 The High Court gravely erred in holding that defendant nos. 1 and 2 could maintain an appeal challenging the finding of the trial court that defendant no. 3 was not the owner of the property when defendant no. 3 himself had not challenged this. Defendant nos. 1 and 2 only …
Supreme Court of India12 Sep 2019Full text
2019 INSC 1021 · [2019] 12 S.C.R. 146
parent establishment – Said order upheld by the Appellate tribunal as also Single Judge and the Division Bench of the High Court – On appeal, held: Findings qua all the three establishment satisfy the functional integrality and the general unity of purpose test, and the same are met in the facts of the instant case – T…
Supreme Court of India12 Sep 2019Full text
2019 INSC 1020 · [2019] 12 S.C.R. 293
G Writ: Writ of Certiorari – Nature and scope of – Held: Jurisdiction to issue writ of certiorari is supervisory and not appellate – It is intended to correct jurisdictional excesses – An erroneous decision H 293 294 SUPREME COURT REPORTS [2019] 12 S.C.R. A in respect of a matter which falls within the authority of the…
Supreme Court of India29 Jan 2019Full text
2019 INSC 102 · [2019] 2 S.C.R. 551
FERA – Proper appellate authority for deciding – Special Director (Appeals) u/s.17 of 1999 Act-FEMA (that replaced FERA) or Appellate Tribunal u/s.19 of FEMA – On 01.05.1991 show cause notice issued by the Special Director to respondent no.2 and its two directors, respondent nos.3 and 4 for allegedly contravening provi…
Supreme Court of India11 Sep 2019Full text
2019 INSC 1018 · [2019] 12 S.C.R. 220
– The contention raised on behalf of the applicant was that since the three-Judge Bench in Para 84 of the judgment in *NOIDA Park E case observed that EIA Notification dated 14.09.2006 called for a closer second look by the authorities concerned especially in respect of the projects/activities falling within the ambit …
Supreme Court of India11 Sep 2019Full text
2019 INSC 1017 · [2019] 12 S.C.R. 352
is not entitled for the possession of the secured asset for more than one year from the date of execution of unregistered tenancy agreement – On appeal, held: Claim of bona fide tenancy of the tenant cannot be accepted, as there is no good or sufficient evidence to establish the tenancy – Records do not demonstrate tha…
Also on Law on Tips: Bare Acts · Legal news and analysis