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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.
1,241–1,260 · Page 63 of 382
Supreme Court of India9 Apr 2018Full text
[2018] 4 S.C.R. 955
fundamental right under Arts.19 and 21 of the Constitution, if the said choice does not transgress any valid legal framework – Once that aspect is clear, the enquiry and determination have to come to an end – In a writ of habeas corpus, especially in the instant case, it was absolutely unnecessary to reflect upon the s…
Supreme Court of India27 Mar 2018Full text
[2018] 3 S.C.R. 65
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.
1,241–1,260 · Page 63 of 382
Supreme Court of India9 Apr 2018Full text
[2018] 4 S.C.R. 955
fundamental right under Arts.19 and 21 of the Constitution, if the said choice does not transgress any valid legal framework – Once that aspect is clear, the enquiry and determination have to come to an end – In a writ of habeas corpus, especially in the instant case, it was absolutely unnecessary to reflect upon the s…
Supreme Court of India27 Mar 2018Full text
[2018] 3 S.C.R. 65
of the seniority indicated in the office order – Justice Jawad Rahim to discharge the duties of Chairperson for all purposes, until a regular appointment of a new Chairperson is made – This would be in the nature of an interim arrangement. CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) F No. 1235 of 2017. Under Ar…
Supreme Court of India25 Sep 2018Full text
[2018] 14 S.C.R. 1
F James P. Thomas, Adv. for the Appellant. C. K. Sasi, Adv. for the Respondent. The following Order of the Court was passed : O R D E R G 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 28.06.2017 passed by the High Court of Kerala at Ernakulum in Criminal Appeal No.1580 of 2011 …
Supreme Court of India13 Aug 2018Full text
[2019] 10 S.C.R. 133
Mahabir Singh, Sr. Adv., V. Girish Chowdary, H. R. Rao, Mrs. Anil Katiyar, Advs. for the Appellant. H 133 134 SUPREME COURT REPORTS [2019] 10 S.C.R. A Arijit Chakravarty, Arush Negi, Abhishek Tilak, Himanshu Tyagi, Advs. for the Respondent. The Judgment of the Court was delivered by UDAY UMESH LALIT, J. B 1. This Appea…
Supreme Court of India13 Aug 2018Full text
[2019] 10 S.C.R. 133
Mahabir Singh, Sr. Adv., V. Girish Chowdary, H. R. Rao, Mrs. Anil Katiyar, Advs. for the Appellant. H 133 134 SUPREME COURT REPORTS [2019] 10 S.C.R. A Arijit Chakravarty, Arush Negi, Abhishek Tilak, Himanshu Tyagi, Advs. for the Respondent. The Judgment of the Court was delivered by UDAY UMESH LALIT, J. B 1. This Appea…
Supreme Court of India15 May 2018Full text
2020 INSC 106 · [2018] 6 S.C.R. 825
Shri Gurbaksh Singh Sibbia and Others v. State of E Punjab (1980) 2 SCC 565 : [1980] 3 SCR 383 ; Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2011) 1 SCC 694 : [2010] 15 SCR 201 ; Bhadresh Bipinbhai Sheth v. State of Gujarat and Another (2016) 1 SCC 152 : [2015] 10 SCR 398 ; F Salauddin Abdulsamad S…
Supreme Court of India4 Jul 2018Full text
2019 INSC 194 · [2018] 7 S.C.R. 1
D Representative governance – Ideals/principles of – Held: In a democratic republic, the sovereign elect their law making representatives for enacting laws and shaping policies – Main purpose of representative government is to represent the public will – Elected representatives being accountable to the public must be E…
Supreme Court of India27 Sep 2018Full text
2019 INSC 1231 · [2018] 11 S.C.R. 175
175 176 SUPREME COURT REPORTS [2018] 11 S.C.R. A needs to be brought in line with the authoritative pronouncements in Shirur Mutt and other decisions – In view of constitutional importance and significance of the issues involved, the following questions referred to a larger Bench: (a) Whether in the light of Shirur Mut…
Supreme Court of India26 Oct 2018Full text
2018 INSC 999 · [2018] 13 S.C.R. 547
u/s.302 r/w ss.148/149, IPC. Allowing the appeal, the Court HELD: 1.1 Appellant’s conviction under Section 148/149 IPC is not legally sustainable and deserves to be set aside for H 547 548 SUPREME COURT REPORTS [2018] 13 S.C.R. A more than one reasons. First, the appellant was already acquitted by the Sessions Judge fo…
Supreme Court of India25 Oct 2018Full text
2018 INSC 998 · [2018] 13 S.C.R. 517
2. Validity of Rule 3 of the Allotment Rules: In order to B become a member of SCAORA, as per Rule 4 of the Rules and Regulations of Supreme Court Advocate on Record Association (SCAORA) itself, an advocate has to be the member of Supreme Court Bar Association (SCBA). Therefore, unless an advocate is an AOR and als…
Supreme Court of India25 Oct 2018Full text
2018 INSC 997 · [2018] 12 S.C.R. 622
by the counsel on the instruction from the accused – However, notwithstanding such statement High Court had considered the matter on merit and held that conviction order by trial court was justified – The alteration of the punishment to the period already undergone, was not a typographical mistake – Therefore H 622 JIT…
Supreme Court of India25 Oct 2018Full text
2018 INSC 995 · [2018] 12 S.C.R. 608
scarce, governed by the present Estate Management Procedure, the allottees cannot seek for revocation of resumption by contending that they are ready to pay the current market rate. Dismissing the appeal, the Court F HELD: 1.1 The allotment of the industrial plot to RN as MD of M/S SD are not only governed by the provi…
Supreme Court of India6 Feb 2018Full text
2018 INSC 99 · [2018] 2 S.C.R. 250
Such a discount must, however, be in accord with the regular trade practice of the dealer or the contract or agreement entered into in a particular case – The expression “the tax invoice or bill of sale issued in respect of the sales relating to such discount shows the amount allowed as such discount” is not happily wo…
Supreme Court of India24 Oct 2018Full text
2018 INSC 989 · [2018] 12 S.C.R. 578
H 578 NEHRU GRAM BHARATI UNIVERSITY v. STATE OF U.P. 579 Dismissing the appeals, the Court A HELD: 1.1 The notification dated June 27, 2008 granting status of Deemed University was subject to certain conditions. Section 22 of UGC Act gives right upon such Deemed University to confer degrees. It is clear that the right …
Supreme Court of India24 Oct 2018Full text
2018 INSC 988 · [2018] 14 S.C.R. 39
genuineness of the Will inter alia indicates challenge to the genuineness of the signature of ‘MND’ – Impugned order set aside – Will along with the documents containing admitted signatures of ‘MND’ be sent to the hand-writing expert for comparison – After receipt of the report of the hand-writing expert, trial court t…
Supreme Court of India24 Oct 2018Full text
2018 INSC 986 · [2018] 14 S.C.R. 294
Dismissing the appeal, the Court G HELD: 1. PW-4, sister of the deceased who is stated to be 12 years of age, categorically stated in her cross-examination that on the next day of incident, when the police came, she did not tell anything about the incident to the police. Subsequently, after a week, police came again an…
Supreme Court of India24 Oct 2018Full text
2018 INSC 985 · [2018] 13 S.C.R. 248
248 SUPREME COURT[2018] REPORTS13 S.C.R. 248 [2018] 13 S.C.R. A ASAR MOHAMMAD AND ORS. v. THE STATE OF U.P. (Criminal Appeal No. 1617 of 2011) B OCTOBER 24, 2018 [A. M. KHANWILKAR AND L. NAGESWARA RAO, JJ.] Penal Code, 1860: ss. 302 and 201 – Murder – Circumstantial evidence – C Prosecution of three accused – Confessio…
Supreme Court of India24 Oct 2018Full text
2018 INSC 984 · [2018] 13 S.C.R. 505
and the photos, the Family Court rightly held that appellant no.1 has proved valid marriage between her and the respondent – Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings u/s.125 CrPC, such strict standard of proof is not necessary as it is summary in nature meant to pre…
Supreme Court of India24 Oct 2018Full text
2018 INSC 982 · [2018] 12 S.C.R. 565
There is sufficient time for the manufacturers to change over to the new system and, therefore, there is no reason why they should E be given a window of three or six months for sale of accumulated vehicles. Every vehicle sold after the cut-off date of 01.04.2020 is bound to cause more pollution and, therefore, the man…
Supreme Court of India23 Oct 2018Full text
2018 INSC 981 · [2018] 13 S.C.R. 464
(10) PESO will ensure suspension of the licenses of manufacturers H of such fireworks items and appropriate disposal of such stock; 464 ARJUN GOPAL AND OTHERS v. UNION OF INDIA 465 AND OTHERS (11) PESO will ensure that only those crackers whose decibel A (sound) level are within the limits are allowed in the market and…
Also on Law on Tips: Bare Acts · Legal news and analysis
of the seniority indicated in the office order – Justice Jawad Rahim to discharge the duties of Chairperson for all purposes, until a regular appointment of a new Chairperson is made – This would be in the nature of an interim arrangement. CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) F No. 1235 of 2017. Under Ar…
Supreme Court of India25 Sep 2018Full text
[2018] 14 S.C.R. 1
F James P. Thomas, Adv. for the Appellant. C. K. Sasi, Adv. for the Respondent. The following Order of the Court was passed : O R D E R G 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 28.06.2017 passed by the High Court of Kerala at Ernakulum in Criminal Appeal No.1580 of 2011 …
Supreme Court of India13 Aug 2018Full text
[2019] 10 S.C.R. 133
Mahabir Singh, Sr. Adv., V. Girish Chowdary, H. R. Rao, Mrs. Anil Katiyar, Advs. for the Appellant. H 133 134 SUPREME COURT REPORTS [2019] 10 S.C.R. A Arijit Chakravarty, Arush Negi, Abhishek Tilak, Himanshu Tyagi, Advs. for the Respondent. The Judgment of the Court was delivered by UDAY UMESH LALIT, J. B 1. This Appea…
Supreme Court of India13 Aug 2018Full text
[2019] 10 S.C.R. 133
Mahabir Singh, Sr. Adv., V. Girish Chowdary, H. R. Rao, Mrs. Anil Katiyar, Advs. for the Appellant. H 133 134 SUPREME COURT REPORTS [2019] 10 S.C.R. A Arijit Chakravarty, Arush Negi, Abhishek Tilak, Himanshu Tyagi, Advs. for the Respondent. The Judgment of the Court was delivered by UDAY UMESH LALIT, J. B 1. This Appea…
Supreme Court of India15 May 2018Full text
2020 INSC 106 · [2018] 6 S.C.R. 825
Shri Gurbaksh Singh Sibbia and Others v. State of E Punjab (1980) 2 SCC 565 : [1980] 3 SCR 383 ; Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2011) 1 SCC 694 : [2010] 15 SCR 201 ; Bhadresh Bipinbhai Sheth v. State of Gujarat and Another (2016) 1 SCC 152 : [2015] 10 SCR 398 ; F Salauddin Abdulsamad S…
Supreme Court of India4 Jul 2018Full text
2019 INSC 194 · [2018] 7 S.C.R. 1
D Representative governance – Ideals/principles of – Held: In a democratic republic, the sovereign elect their law making representatives for enacting laws and shaping policies – Main purpose of representative government is to represent the public will – Elected representatives being accountable to the public must be E…
Supreme Court of India27 Sep 2018Full text
2019 INSC 1231 · [2018] 11 S.C.R. 175
175 176 SUPREME COURT REPORTS [2018] 11 S.C.R. A needs to be brought in line with the authoritative pronouncements in Shirur Mutt and other decisions – In view of constitutional importance and significance of the issues involved, the following questions referred to a larger Bench: (a) Whether in the light of Shirur Mut…
Supreme Court of India26 Oct 2018Full text
2018 INSC 999 · [2018] 13 S.C.R. 547
u/s.302 r/w ss.148/149, IPC. Allowing the appeal, the Court HELD: 1.1 Appellant’s conviction under Section 148/149 IPC is not legally sustainable and deserves to be set aside for H 547 548 SUPREME COURT REPORTS [2018] 13 S.C.R. A more than one reasons. First, the appellant was already acquitted by the Sessions Judge fo…
Supreme Court of India25 Oct 2018Full text
2018 INSC 998 · [2018] 13 S.C.R. 517
2. Validity of Rule 3 of the Allotment Rules: In order to B become a member of SCAORA, as per Rule 4 of the Rules and Regulations of Supreme Court Advocate on Record Association (SCAORA) itself, an advocate has to be the member of Supreme Court Bar Association (SCBA). Therefore, unless an advocate is an AOR and als…
Supreme Court of India25 Oct 2018Full text
2018 INSC 997 · [2018] 12 S.C.R. 622
by the counsel on the instruction from the accused – However, notwithstanding such statement High Court had considered the matter on merit and held that conviction order by trial court was justified – The alteration of the punishment to the period already undergone, was not a typographical mistake – Therefore H 622 JIT…
Supreme Court of India25 Oct 2018Full text
2018 INSC 995 · [2018] 12 S.C.R. 608
scarce, governed by the present Estate Management Procedure, the allottees cannot seek for revocation of resumption by contending that they are ready to pay the current market rate. Dismissing the appeal, the Court F HELD: 1.1 The allotment of the industrial plot to RN as MD of M/S SD are not only governed by the provi…
Supreme Court of India6 Feb 2018Full text
2018 INSC 99 · [2018] 2 S.C.R. 250
Such a discount must, however, be in accord with the regular trade practice of the dealer or the contract or agreement entered into in a particular case – The expression “the tax invoice or bill of sale issued in respect of the sales relating to such discount shows the amount allowed as such discount” is not happily wo…
Supreme Court of India24 Oct 2018Full text
2018 INSC 989 · [2018] 12 S.C.R. 578
H 578 NEHRU GRAM BHARATI UNIVERSITY v. STATE OF U.P. 579 Dismissing the appeals, the Court A HELD: 1.1 The notification dated June 27, 2008 granting status of Deemed University was subject to certain conditions. Section 22 of UGC Act gives right upon such Deemed University to confer degrees. It is clear that the right …
Supreme Court of India24 Oct 2018Full text
2018 INSC 988 · [2018] 14 S.C.R. 39
genuineness of the Will inter alia indicates challenge to the genuineness of the signature of ‘MND’ – Impugned order set aside – Will along with the documents containing admitted signatures of ‘MND’ be sent to the hand-writing expert for comparison – After receipt of the report of the hand-writing expert, trial court t…
Supreme Court of India24 Oct 2018Full text
2018 INSC 986 · [2018] 14 S.C.R. 294
Dismissing the appeal, the Court G HELD: 1. PW-4, sister of the deceased who is stated to be 12 years of age, categorically stated in her cross-examination that on the next day of incident, when the police came, she did not tell anything about the incident to the police. Subsequently, after a week, police came again an…
Supreme Court of India24 Oct 2018Full text
2018 INSC 985 · [2018] 13 S.C.R. 248
248 SUPREME COURT[2018] REPORTS13 S.C.R. 248 [2018] 13 S.C.R. A ASAR MOHAMMAD AND ORS. v. THE STATE OF U.P. (Criminal Appeal No. 1617 of 2011) B OCTOBER 24, 2018 [A. M. KHANWILKAR AND L. NAGESWARA RAO, JJ.] Penal Code, 1860: ss. 302 and 201 – Murder – Circumstantial evidence – C Prosecution of three accused – Confessio…
Supreme Court of India24 Oct 2018Full text
2018 INSC 984 · [2018] 13 S.C.R. 505
and the photos, the Family Court rightly held that appellant no.1 has proved valid marriage between her and the respondent – Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings u/s.125 CrPC, such strict standard of proof is not necessary as it is summary in nature meant to pre…
Supreme Court of India24 Oct 2018Full text
2018 INSC 982 · [2018] 12 S.C.R. 565
There is sufficient time for the manufacturers to change over to the new system and, therefore, there is no reason why they should E be given a window of three or six months for sale of accumulated vehicles. Every vehicle sold after the cut-off date of 01.04.2020 is bound to cause more pollution and, therefore, the man…
Supreme Court of India23 Oct 2018Full text
2018 INSC 981 · [2018] 13 S.C.R. 464
(10) PESO will ensure suspension of the licenses of manufacturers H of such fireworks items and appropriate disposal of such stock; 464 ARJUN GOPAL AND OTHERS v. UNION OF INDIA 465 AND OTHERS (11) PESO will ensure that only those crackers whose decibel A (sound) level are within the limits are allowed in the market and…
Also on Law on Tips: Bare Acts · Legal news and analysis