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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.
1,261–1,280 · Page 64 of 382
Supreme Court of India23 Oct 2018Full text
2018 INSC 980 · [2018] 13 S.C.R. 1067
1067 1068 SUPREME COURT REPORTS [2018] 13 S.C.R. A respondent – There was no award of the Arbitral Council or order of any other Court with respect to invoice Nos.1-57 – Further, IBC is not intended to be substitute to a recovery forum and whenever there is existence of real dispute, the IBC provisions cannot be invoke…
Supreme Court of India5 Feb 2018Full text
2018 INSC 98 · [2018] 1 S.C.R. 600
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.
1,261–1,280 · Page 64 of 382
Supreme Court of India23 Oct 2018Full text
2018 INSC 980 · [2018] 13 S.C.R. 1067
1067 1068 SUPREME COURT REPORTS [2018] 13 S.C.R. A respondent – There was no award of the Arbitral Council or order of any other Court with respect to invoice Nos.1-57 – Further, IBC is not intended to be substitute to a recovery forum and whenever there is existence of real dispute, the IBC provisions cannot be invoke…
Supreme Court of India5 Feb 2018Full text
2018 INSC 98 · [2018] 1 S.C.R. 600
CIVIL ORIGINAL JURISDICTION: Contempt Petition (Civil) No. 565 of 2018 in Transferred Case (Civil) No. 126 of 2015. E Under Article 32 of The Constitution of India. Vikramjeet Banerjee, Rajiv Dutta, Manan Kumar Misra, Mahabir Singh, V. S. Giri, Sr. Advs, Ramesh Babu M. R., Anantha Narayana M.G., Gaurav Agarwal, S. Moh.…
Supreme Court of India23 Oct 2018Full text
2018 INSC 977 · [2018] 13 S.C.R. 1012
post when he was much junior to many others – Second, encadrement of respondent No.1 as Executive Engineer by showing that there were 13 posts when, in fact, there were only 10 posts of Executive Engineer on that date and that was done with the purpose of accommodating respondent no.1 – Third, the promotion was given H…
Supreme Court of India23 Oct 2018Full text
2018 INSC 975 · [2018] 12 S.C.R. 604
P. C. Agarwal, Sr. Adv., Ambuj Aggarwal, Nitin Singh, Dr. (Mrs.) F Vipin Gupta, Advs. for the Appellant. Ms. Swarupama Chaturvedi, B. N. Dubey, Advs. for the Respondent. The Judgment of the Court was delivered by G R. BANUMATHI, J. 1. This appeal arises out of the judgment of the High Court of Madhya Pradesh in Crimina…
Supreme Court of India23 Oct 2018Full text
2018 INSC 974 · [2018] 11 S.C.R. 1092
the temple did not decide the title of defendants qua the plaintiffs as the question of inter se title between them was neither in issue nor was required to be decided in those suits – Documents on record do not show exclusive possession of either of the parties – Plaintiffs have satisfactorily proved that they are the…
Supreme Court of India23 Oct 2018Full text
2018 INSC 973 · [2018] 13 S.C.R. 1084
resultantly, the original allotment stood restored in favour of the University – Thus, respondent nos. 4 and 5 liable to be evicted from the flats and also liable to pay penal rent to the University for their use and occupation till the date of their eviction – Public Premises (Eviction of Unauthorised Occupants) Act, …
Supreme Court of India12 Oct 2018Full text
2018 INSC 971 · [2018] 13 S.C.R. 847
C With Civil Appeal Nos. 10578, 10579, 10580, 10581, 10584, 10582, 10586, 10585, 10583 of 2018. Vikramjit Banerjee, ASG, K. Radhakrishnan, Sr. Adv., Rupesh Kumar, Arijit Prasad, Mrs. Anil Katiyar, Advs. for the Appellant. D Sanjay Jhanwar, Rajat Sharma, Tarun Gupta, Advs. for the Respondent. The Judgment of the Court w…
Supreme Court of India12 Oct 2018Full text
2018 INSC 970 · [2018] 13 S.C.R. 47
Bengal, Agra Assam Civil Courts Act, 1887, legislative scheme is clear that small cause cases upto value of Rs. 1 lakh should be taken cognizance by Small Cause Courts presided by Civil Judge and cases having value of more than Rs. 1 lakh by Disrtrict Judge/ Addl. District Judge having power of Small Cause Court – Sect…
Supreme Court of India5 Feb 2018Full text
2018 INSC 97 · [2018] 1 S.C.R. 594
594 SUPREME COURT[2018]REPORTS1 S.C.R. 594 [2018] 1 S.C.R. A AJAYINDER SANGWAN AND ORS. v. BAR COUNCIL OF DELHI & ORS. (Transferred Case (Civil) No. 126 of 2015) B FEBRUARY 05, 2018 [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.] Advocates – State Bar Councils – Elections: Bar Council of Tamil Nadu and Puducherry – Applic…
Supreme Court of India12 Oct 2018Full text
2018 INSC 969 · [2018] 13 S.C.R. 1
victim – Dismissed by the High Court as not maintainable holding that the proviso to s. 372 introduced w.e.f. 31.12.2009 but the incident had occurred well before that date – On appeal, held: (Per Lokur J) ‘Victim’ as defined in the Cr.P.C. has a right of appeal in view of the proviso to s. 372 against an order of acqu…
Supreme Court of India12 Oct 2018Full text
2018 INSC 968 · [2018] 12 S.C.R. 842
842 SUPREME COURT[2018]REPORTS12 S.C.R. 842 [2018] 12 S.C.R. A KAMAL NATH v. ELECTION COMMISSION OF INDIA AND OTHERS (Writ Petition (Civil) No. 935 of 2018) B OCTOBER 12, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Election laws: Election Manual 2016 – Chapter XI – Clause 11.2.2.2 – Putting draft roll on website – Petiti…
Supreme Court of India12 Oct 2018Full text
2018 INSC 967 · [2018] 13 S.C.R. 1053
in a motor vehicle accident and not where the amount accrues as a result of contract or act which the deceased performed in his life-time – In the facts of the case amount received under the Scheme cannot be deducted – However, since the claimants are getting quite an advantage, they are not entitled to claim another a…
Supreme Court of India12 Oct 2018Full text
2018 INSC 965 · [2018] 13 S.C.R. 961
Disposing of the appeals, the Court G HELD: 1.1 In ALD Automotive Pvt. Ltd. & Anr. v. The Commercial Tax Officer & Ors. it was held that Input tax credit-ITC is a form of concession which is provided by the Act; it cannot be claimed as a matter of right but only in terms of the provisions H 961 962 SUPREME COURT REPORT…
Supreme Court of India12 Oct 2018Full text
2018 INSC 964 · [2018] 13 S.C.R. 217
– When the input tax credit is to be allowed and when it is to be disallowed is elaborated in s. 19 which is self-contained scheme and benefit u/s.3(3) can be claimed only when conditions as enumerated in s. 19 are fulfilled – Statutory scheme delineated by s.19(11) neither can be said to be arbitrary nor can be said t…
Supreme Court of India12 Oct 2018Full text
2018 INSC 962 · [2018] 13 S.C.R. 999
[2018] 13 S.C.R. 999 999 POWAI PANCHSHEEL CO-OP HSG. SOCIETY & ANR. A v. MAHARASHTRA HOUSING AREA DEVELOPMENT AUTHORITY (MHADA) & ORS. (Civil Appeal No. 7608 of 2009) B OCTOBER 12, 2018 [ABHAY MANOHAR SAPRE AND S. ABDUL NAZEER, JJ.] Public allotment: State largesse – Disposal of, amongst the citizens – On facts, State …
Supreme Court of India5 Feb 2018Full text
2018 INSC 96 · [2018] 1 S.C.R. 435
Andhra Pradesh in Central Excise Appeal No. 88 of 2014. WITH C. A. Nos. 11872, 11873 and 11910 of 2016. K. Radhakrishnan, Sr. Adv., Ms. Nisha Bagchi, Arijit Prasad, Ms. G Shirin Khajuria, Ms. Sanskriti Bhardwaj, Ms. Ayushi Gaur, Ms. Pooja Sharma, B. Krishna Prasad, Kartik Kurmy, Praveen Kumar, Advs. for the Appellant. …
Supreme Court of India11 Oct 2018Full text
2018 INSC 959 · [2018] 12 S.C.R. 829
[2018] 12 S.C.R. 829 829 VEDANTA LTD. A v. SHENZEN SHANDONG NUCLEAR POWER CONSTRUCTION CO. LTD. (Civil Appeal No.10394 of 2018) B OCTOBER 11, 2018 [R. F. NARIMAN AND INDU MALHOTRA, JJ.] Arbitration and Conciliation Act, 1996 – ss.34 and 37 – Appellant and the Respondent-Company entered into four inter-C related contrac…
Supreme Court of India11 Oct 2018Full text
2018 INSC 956 · [2018] 12 S.C.R. 794
794 SUPREME COURT[2018]REPORTS12 S.C.R. 794 [2018] 12 S.C.R. A B. K. EDUCATIONAL SERVICES PRIVATE LIMITED v. PARAG GUPTA AND ASSOCIATES (Civil Appeal No. 23988 of 2017) B OCTOBER 11, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Insolvency and Bankruptcy Code, 2016 – s.238A (As inserted by Insolvency and Bankruptcy Code (S…
Supreme Court of India11 Oct 2018Full text
2018 INSC 953 · [2018] 12 S.C.R. 600
Venkatesan v. State of Tamil Nadu (2008) 8 SCC 456; Raj Kumar Singh alias Raju Alias Batya v. State of Rajasthan (2013) 5 SCC 722 – referred to. Case Law Reference G (1992) Supp. 1 SCC 567 referred to Para 6 (2008) 8 SCC 456 referred to Para 6 (2013) 5 SCC 722 referred to Para 10 H 600 UPPALA BIXAM @ BIXMAIAH v. STATE …
Supreme Court of India10 Oct 2018Full text
2018 INSC 950 · [2018] 12 S.C.R. 947
F Dismissing the appeal, the Court HELD: 1.1 Section 32 of the Evidence Act, 1872 deals with cases in which statement of relevant fact by person who is dead or cannot be found etc. is relevant. Section 161, CrPC deals with examination of witnesses by police. Section 162, CrPC deals Gwith “statements to police not to be…
Also on Law on Tips: Bare Acts · Legal news and analysis
CIVIL ORIGINAL JURISDICTION: Contempt Petition (Civil) No. 565 of 2018 in Transferred Case (Civil) No. 126 of 2015. E Under Article 32 of The Constitution of India. Vikramjeet Banerjee, Rajiv Dutta, Manan Kumar Misra, Mahabir Singh, V. S. Giri, Sr. Advs, Ramesh Babu M. R., Anantha Narayana M.G., Gaurav Agarwal, S. Moh.…
Supreme Court of India23 Oct 2018Full text
2018 INSC 977 · [2018] 13 S.C.R. 1012
post when he was much junior to many others – Second, encadrement of respondent No.1 as Executive Engineer by showing that there were 13 posts when, in fact, there were only 10 posts of Executive Engineer on that date and that was done with the purpose of accommodating respondent no.1 – Third, the promotion was given H…
Supreme Court of India23 Oct 2018Full text
2018 INSC 975 · [2018] 12 S.C.R. 604
P. C. Agarwal, Sr. Adv., Ambuj Aggarwal, Nitin Singh, Dr. (Mrs.) F Vipin Gupta, Advs. for the Appellant. Ms. Swarupama Chaturvedi, B. N. Dubey, Advs. for the Respondent. The Judgment of the Court was delivered by G R. BANUMATHI, J. 1. This appeal arises out of the judgment of the High Court of Madhya Pradesh in Crimina…
Supreme Court of India23 Oct 2018Full text
2018 INSC 974 · [2018] 11 S.C.R. 1092
the temple did not decide the title of defendants qua the plaintiffs as the question of inter se title between them was neither in issue nor was required to be decided in those suits – Documents on record do not show exclusive possession of either of the parties – Plaintiffs have satisfactorily proved that they are the…
Supreme Court of India23 Oct 2018Full text
2018 INSC 973 · [2018] 13 S.C.R. 1084
resultantly, the original allotment stood restored in favour of the University – Thus, respondent nos. 4 and 5 liable to be evicted from the flats and also liable to pay penal rent to the University for their use and occupation till the date of their eviction – Public Premises (Eviction of Unauthorised Occupants) Act, …
Supreme Court of India12 Oct 2018Full text
2018 INSC 971 · [2018] 13 S.C.R. 847
C With Civil Appeal Nos. 10578, 10579, 10580, 10581, 10584, 10582, 10586, 10585, 10583 of 2018. Vikramjit Banerjee, ASG, K. Radhakrishnan, Sr. Adv., Rupesh Kumar, Arijit Prasad, Mrs. Anil Katiyar, Advs. for the Appellant. D Sanjay Jhanwar, Rajat Sharma, Tarun Gupta, Advs. for the Respondent. The Judgment of the Court w…
Supreme Court of India12 Oct 2018Full text
2018 INSC 970 · [2018] 13 S.C.R. 47
Bengal, Agra Assam Civil Courts Act, 1887, legislative scheme is clear that small cause cases upto value of Rs. 1 lakh should be taken cognizance by Small Cause Courts presided by Civil Judge and cases having value of more than Rs. 1 lakh by Disrtrict Judge/ Addl. District Judge having power of Small Cause Court – Sect…
Supreme Court of India5 Feb 2018Full text
2018 INSC 97 · [2018] 1 S.C.R. 594
594 SUPREME COURT[2018]REPORTS1 S.C.R. 594 [2018] 1 S.C.R. A AJAYINDER SANGWAN AND ORS. v. BAR COUNCIL OF DELHI & ORS. (Transferred Case (Civil) No. 126 of 2015) B FEBRUARY 05, 2018 [R. K. AGRAWAL AND ABHAY MANOHAR SAPRE, JJ.] Advocates – State Bar Councils – Elections: Bar Council of Tamil Nadu and Puducherry – Applic…
Supreme Court of India12 Oct 2018Full text
2018 INSC 969 · [2018] 13 S.C.R. 1
victim – Dismissed by the High Court as not maintainable holding that the proviso to s. 372 introduced w.e.f. 31.12.2009 but the incident had occurred well before that date – On appeal, held: (Per Lokur J) ‘Victim’ as defined in the Cr.P.C. has a right of appeal in view of the proviso to s. 372 against an order of acqu…
Supreme Court of India12 Oct 2018Full text
2018 INSC 968 · [2018] 12 S.C.R. 842
842 SUPREME COURT[2018]REPORTS12 S.C.R. 842 [2018] 12 S.C.R. A KAMAL NATH v. ELECTION COMMISSION OF INDIA AND OTHERS (Writ Petition (Civil) No. 935 of 2018) B OCTOBER 12, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Election laws: Election Manual 2016 – Chapter XI – Clause 11.2.2.2 – Putting draft roll on website – Petiti…
Supreme Court of India12 Oct 2018Full text
2018 INSC 967 · [2018] 13 S.C.R. 1053
in a motor vehicle accident and not where the amount accrues as a result of contract or act which the deceased performed in his life-time – In the facts of the case amount received under the Scheme cannot be deducted – However, since the claimants are getting quite an advantage, they are not entitled to claim another a…
Supreme Court of India12 Oct 2018Full text
2018 INSC 965 · [2018] 13 S.C.R. 961
Disposing of the appeals, the Court G HELD: 1.1 In ALD Automotive Pvt. Ltd. & Anr. v. The Commercial Tax Officer & Ors. it was held that Input tax credit-ITC is a form of concession which is provided by the Act; it cannot be claimed as a matter of right but only in terms of the provisions H 961 962 SUPREME COURT REPORT…
Supreme Court of India12 Oct 2018Full text
2018 INSC 964 · [2018] 13 S.C.R. 217
– When the input tax credit is to be allowed and when it is to be disallowed is elaborated in s. 19 which is self-contained scheme and benefit u/s.3(3) can be claimed only when conditions as enumerated in s. 19 are fulfilled – Statutory scheme delineated by s.19(11) neither can be said to be arbitrary nor can be said t…
Supreme Court of India12 Oct 2018Full text
2018 INSC 962 · [2018] 13 S.C.R. 999
[2018] 13 S.C.R. 999 999 POWAI PANCHSHEEL CO-OP HSG. SOCIETY & ANR. A v. MAHARASHTRA HOUSING AREA DEVELOPMENT AUTHORITY (MHADA) & ORS. (Civil Appeal No. 7608 of 2009) B OCTOBER 12, 2018 [ABHAY MANOHAR SAPRE AND S. ABDUL NAZEER, JJ.] Public allotment: State largesse – Disposal of, amongst the citizens – On facts, State …
Supreme Court of India5 Feb 2018Full text
2018 INSC 96 · [2018] 1 S.C.R. 435
Andhra Pradesh in Central Excise Appeal No. 88 of 2014. WITH C. A. Nos. 11872, 11873 and 11910 of 2016. K. Radhakrishnan, Sr. Adv., Ms. Nisha Bagchi, Arijit Prasad, Ms. G Shirin Khajuria, Ms. Sanskriti Bhardwaj, Ms. Ayushi Gaur, Ms. Pooja Sharma, B. Krishna Prasad, Kartik Kurmy, Praveen Kumar, Advs. for the Appellant. …
Supreme Court of India11 Oct 2018Full text
2018 INSC 959 · [2018] 12 S.C.R. 829
[2018] 12 S.C.R. 829 829 VEDANTA LTD. A v. SHENZEN SHANDONG NUCLEAR POWER CONSTRUCTION CO. LTD. (Civil Appeal No.10394 of 2018) B OCTOBER 11, 2018 [R. F. NARIMAN AND INDU MALHOTRA, JJ.] Arbitration and Conciliation Act, 1996 – ss.34 and 37 – Appellant and the Respondent-Company entered into four inter-C related contrac…
Supreme Court of India11 Oct 2018Full text
2018 INSC 956 · [2018] 12 S.C.R. 794
794 SUPREME COURT[2018]REPORTS12 S.C.R. 794 [2018] 12 S.C.R. A B. K. EDUCATIONAL SERVICES PRIVATE LIMITED v. PARAG GUPTA AND ASSOCIATES (Civil Appeal No. 23988 of 2017) B OCTOBER 11, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Insolvency and Bankruptcy Code, 2016 – s.238A (As inserted by Insolvency and Bankruptcy Code (S…
Supreme Court of India11 Oct 2018Full text
2018 INSC 953 · [2018] 12 S.C.R. 600
Venkatesan v. State of Tamil Nadu (2008) 8 SCC 456; Raj Kumar Singh alias Raju Alias Batya v. State of Rajasthan (2013) 5 SCC 722 – referred to. Case Law Reference G (1992) Supp. 1 SCC 567 referred to Para 6 (2008) 8 SCC 456 referred to Para 6 (2013) 5 SCC 722 referred to Para 10 H 600 UPPALA BIXAM @ BIXMAIAH v. STATE …
Supreme Court of India10 Oct 2018Full text
2018 INSC 950 · [2018] 12 S.C.R. 947
F Dismissing the appeal, the Court HELD: 1.1 Section 32 of the Evidence Act, 1872 deals with cases in which statement of relevant fact by person who is dead or cannot be found etc. is relevant. Section 161, CrPC deals with examination of witnesses by police. Section 162, CrPC deals Gwith “statements to police not to be…
Also on Law on Tips: Bare Acts · Legal news and analysis