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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.
1,281–1,300 · Page 65 of 382
Supreme Court of India10 Oct 2018Full text
2018 INSC 949 · [2018] 12 S.C.R. 963
materials clearly show that the appellants had full knowledge about the proceedings of the suit – Both the First Appellate Court and the High Court recorded concurrent findings that the appellants filed the application for condonation of delay with incorrect facts and were negligent in pursuing the matter and rightly r…
Supreme Court of India10 Oct 2018Full text
2018 INSC 945 · [2018] 12 S.C.R. 781
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.
1,281–1,300 · Page 65 of 382
Supreme Court of India10 Oct 2018Full text
2018 INSC 949 · [2018] 12 S.C.R. 963
materials clearly show that the appellants had full knowledge about the proceedings of the suit – Both the First Appellate Court and the High Court recorded concurrent findings that the appellants filed the application for condonation of delay with incorrect facts and were negligent in pursuing the matter and rightly r…
Supreme Court of India10 Oct 2018Full text
2018 INSC 945 · [2018] 12 S.C.R. 781
alone is sufficient – In instant case, evidence of PW-3 and PW-4 proved the factum of meeting being held at the appellant’s house with other accused wherein a decision was taken to kill the victim – Presence of PW-3 in appellant’s house while serving tea to all the accused was proved by the evidence of PW-3 and PW-4 – …
Supreme Court of India9 Oct 2018Full text
2018 INSC 943 · [2018] 12 S.C.R. 923
14.08.2017 reiterating its earlier decision to debar the college – Writ petition filed by College before Supreme Court – Supreme Court vide order dated 13.11.2017 directed the Medical Council of India (MCI) to consider the application of College for renewal of permission for the academic year 2017-18 to be valid for th…
Supreme Court of India9 Oct 2018Full text
2018 INSC 940 · [2018] 12 S.C.R. 914
for his clean acquittal from the charges under the PC Act – Prosecution failed to prove the factum of acceptance of bribe money by the appellant from the complainant as per the charges framed against him – In order to attract the rigors of ss.7, 13(2) r/w 13(1)(d) of the 1988 Act, the prosecution was under legal obliga…
Supreme Court of India2 Feb 2018Full text
2018 INSC 94 · [2018] 1 S.C.R. 403
Ms. Prerna Mehta, Adv. for the Appellant. F Syed Mehdi Imam, Bhopal Singh, Tabrez Ahmed, Javed Muzaffar, D. K. Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by DR. D. Y. CHANDRACHUD, J. 1. The present appeal arises G from the judgment of a Single Judge of the Delhi High Court in an appeal a…
Supreme Court of India9 Oct 2018Full text
2018 INSC 939 · [2018] 12 S.C.R. 756
756 SUPREME COURT[2018]REPORTS12 S.C.R. 756 [2018] 12 S.C.R. A SUSHIL KUMAR AGARWAL v. MEENAKSHI SADHU & ORS. (Civil Appeal No. 1129 of 2012) B OCTOBER 09, 2018 [A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] Specific Relief Act, 1963 – s.14(3)(c)(i) and (ii) – Specific performance of contract under – Appellant-devel…
Supreme Court of India8 Oct 2018Full text
2018 INSC 937 · [2018] 12 S.C.R. 906
Rs.85 lacs – Appellant filed Company Application for substitution in place of IFCI as a secured creditor of M/s. MPL – Company Judge rejected the application on 31.07.2015 holding that the appellant was neither a Bank/Banking company/financial institution/ securitization company/reconstruction company and therefore cou…
Supreme Court of India4 Oct 2018Full text
2018 INSC 934 · [2018] 12 S.C.R. 747
747 748 SUPREME COURT REPORTS [2018] 12 S.C.R. A The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is filed against the final judgment and order dated 06.07.2018 passed by the High Court of Judicature at Bombay in Writ Petition No. 5122 of 2018 whereby the High Court di…
Supreme Court of India3 Oct 2018Full text
2018 INSC 929 · [2018] 13 S.C.R. 139
[2018] 13 S.C.R. 139 139 UNION OF INDIA & ANR. A v. MOHIT MINERAL PVT. LTD. (Civil Appeal No. 10177 of 2018) OCTOBER 03, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Goods and Services Tax (Compensation to States) Act, 2017: Validity of – Held: Is constitutionally valid – Article 270 empowers Parliament to levy any cess…
Supreme Court of India3 Oct 2018Full text
2018 INSC 926 · [2018] 13 S.C.R. 176
respondent no. 1 protected the interest of Judicial Officers of Telangana whereas modified guidelines by the High Court are prejudicial to the rights of the Judicial Officers of the State of Telangana – Held: When for entering into Judicial Service, no condition can be put regarding residence of particular area for F a…
Supreme Court of India3 Oct 2018Full text
2018 INSC 924 · [2018] 12 S.C.R. 751
held proved against the employee in the departmental enquiry – Single Judge was under legal obligation to examine each charge independently and then record his findings on all the charges in accordance with law – Division Bench having noticed the said error instead of rectifying the same erred in remanding the case to …
Supreme Court of India3 Oct 2018Full text
2018 INSC 922 · [2018] 14 S.C.R. 22
22 M/S L&T LTD. SCOMI ENGINEERING BHD v. MUMBAI 23 METROPOLITAN REGION DEV. AUTH. proceedings – This all pointed to the fact that the central A management and control of the Consortium appeared to be exercised in India and not in any foreign nation – There is no “international commercial arbitration” as defined u/s.2(1…
Supreme Court of India3 Oct 2018Full text
2018 INSC 921 · [2018] 13 S.C.R. 91
existing before unamended Rules cannot be adversely affected – Determination of quota which existed prior to and subsequent to amended Rules have to be treated differently – Determination of seniority as brought in place by 2007 Rules, cannot be implemented so as to defeat any existing right – Promotition of officers u…
Supreme Court of India3 Oct 2018Full text
2018 INSC 918 · [2018] 12 S.C.R. 857
1.2 If the court is satisfied that the confession is voluntary, D the conviction can be based upon the same. Rule of Prudence does not require that each and every circumstance mentioned in the confession with regard to the participation of the accused must be separately and independently corroborated. In the case at ha…
Supreme Court of India1 Oct 2018Full text
2018 INSC 917 · [2018] 12 S.C.R. 695
and expression guaranteed by the Constitution – Nobody has the right to become a self-appointed guardian of the law and forcibly administer his or her own interpretation of the law on others, especially not with violent means – Dispensation for preventing occurrences of such crimes or remedial measures and punitive mea…
Supreme Court of India1 Oct 2018Full text
2018 INSC 916 · [2018] 12 S.C.R. 495
[2018] 12 S.C.R. 495 495 RAJASTHAN CYLINDERS AND CONTAINERS LIMITED A v. UNION OF INDIA AND ANOTHER (Civil Appeal No. 3546 of 2014) OCTOBER 01, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Competition Act, 2002: ss. 3, 19 and 27 – Cartelisation, bid-rigging and collusive bidding – Suo-motu proceedings initiated by Compe…
Supreme Court of India1 Oct 2018Full text
2018 INSC 915 · [2018] 12 S.C.R. 868
Consumer Protection Act, 1986 – Medical Negligence – Factors to be proved – Discussed. Allowing the appeal, the Court B HELD: 1.1 The appellant is a professionally trained doctor and has acquired the post-graduate degree in the subject (FRCS) from London way back in 1976 and worked there (UK) for seven years and earned…
Supreme Court of India28 Sep 2018Full text
2018 INSC 912 · [2018] 11 S.C.R. 951
C…
Supreme Court of India2 Feb 2018Full text
2018 INSC 91 · [2018] 2 S.C.R. 1099
– It is not possible for s.5 of the Limitation Act to apply given the peremptory language of s.421(3) of the Companies Act – Cursory reading of s.421(3) makes it clear that the proviso thereto provides a period of limitation different from that provided in the Limitation E Act, and also provides a further period not ex…
Supreme Court of India28 Sep 2018Full text
2018 INSC 909 · [2018] 12 S.C.R. 672
vaginal smear and vaginal swab also confirmed the presence of semen – The facts and circumstances of the case, and the nature of the evidence available unequivocally established the appellant as the perpetrator of sexual assault on the prosecutrix – The serologist report was an expert opinion under s.45 of the Evidence…
Also on Law on Tips: Bare Acts · Legal news and analysis
alone is sufficient – In instant case, evidence of PW-3 and PW-4 proved the factum of meeting being held at the appellant’s house with other accused wherein a decision was taken to kill the victim – Presence of PW-3 in appellant’s house while serving tea to all the accused was proved by the evidence of PW-3 and PW-4 – …
Supreme Court of India9 Oct 2018Full text
2018 INSC 943 · [2018] 12 S.C.R. 923
14.08.2017 reiterating its earlier decision to debar the college – Writ petition filed by College before Supreme Court – Supreme Court vide order dated 13.11.2017 directed the Medical Council of India (MCI) to consider the application of College for renewal of permission for the academic year 2017-18 to be valid for th…
Supreme Court of India9 Oct 2018Full text
2018 INSC 940 · [2018] 12 S.C.R. 914
for his clean acquittal from the charges under the PC Act – Prosecution failed to prove the factum of acceptance of bribe money by the appellant from the complainant as per the charges framed against him – In order to attract the rigors of ss.7, 13(2) r/w 13(1)(d) of the 1988 Act, the prosecution was under legal obliga…
Supreme Court of India2 Feb 2018Full text
2018 INSC 94 · [2018] 1 S.C.R. 403
Ms. Prerna Mehta, Adv. for the Appellant. F Syed Mehdi Imam, Bhopal Singh, Tabrez Ahmed, Javed Muzaffar, D. K. Sharma, Advs. for the Respondents. The Judgment of the Court was delivered by DR. D. Y. CHANDRACHUD, J. 1. The present appeal arises G from the judgment of a Single Judge of the Delhi High Court in an appeal a…
Supreme Court of India9 Oct 2018Full text
2018 INSC 939 · [2018] 12 S.C.R. 756
756 SUPREME COURT[2018]REPORTS12 S.C.R. 756 [2018] 12 S.C.R. A SUSHIL KUMAR AGARWAL v. MEENAKSHI SADHU & ORS. (Civil Appeal No. 1129 of 2012) B OCTOBER 09, 2018 [A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] Specific Relief Act, 1963 – s.14(3)(c)(i) and (ii) – Specific performance of contract under – Appellant-devel…
Supreme Court of India8 Oct 2018Full text
2018 INSC 937 · [2018] 12 S.C.R. 906
Rs.85 lacs – Appellant filed Company Application for substitution in place of IFCI as a secured creditor of M/s. MPL – Company Judge rejected the application on 31.07.2015 holding that the appellant was neither a Bank/Banking company/financial institution/ securitization company/reconstruction company and therefore cou…
Supreme Court of India4 Oct 2018Full text
2018 INSC 934 · [2018] 12 S.C.R. 747
747 748 SUPREME COURT REPORTS [2018] 12 S.C.R. A The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is filed against the final judgment and order dated 06.07.2018 passed by the High Court of Judicature at Bombay in Writ Petition No. 5122 of 2018 whereby the High Court di…
Supreme Court of India3 Oct 2018Full text
2018 INSC 929 · [2018] 13 S.C.R. 139
[2018] 13 S.C.R. 139 139 UNION OF INDIA & ANR. A v. MOHIT MINERAL PVT. LTD. (Civil Appeal No. 10177 of 2018) OCTOBER 03, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Goods and Services Tax (Compensation to States) Act, 2017: Validity of – Held: Is constitutionally valid – Article 270 empowers Parliament to levy any cess…
Supreme Court of India3 Oct 2018Full text
2018 INSC 926 · [2018] 13 S.C.R. 176
respondent no. 1 protected the interest of Judicial Officers of Telangana whereas modified guidelines by the High Court are prejudicial to the rights of the Judicial Officers of the State of Telangana – Held: When for entering into Judicial Service, no condition can be put regarding residence of particular area for F a…
Supreme Court of India3 Oct 2018Full text
2018 INSC 924 · [2018] 12 S.C.R. 751
held proved against the employee in the departmental enquiry – Single Judge was under legal obligation to examine each charge independently and then record his findings on all the charges in accordance with law – Division Bench having noticed the said error instead of rectifying the same erred in remanding the case to …
Supreme Court of India3 Oct 2018Full text
2018 INSC 922 · [2018] 14 S.C.R. 22
22 M/S L&T LTD. SCOMI ENGINEERING BHD v. MUMBAI 23 METROPOLITAN REGION DEV. AUTH. proceedings – This all pointed to the fact that the central A management and control of the Consortium appeared to be exercised in India and not in any foreign nation – There is no “international commercial arbitration” as defined u/s.2(1…
Supreme Court of India3 Oct 2018Full text
2018 INSC 921 · [2018] 13 S.C.R. 91
existing before unamended Rules cannot be adversely affected – Determination of quota which existed prior to and subsequent to amended Rules have to be treated differently – Determination of seniority as brought in place by 2007 Rules, cannot be implemented so as to defeat any existing right – Promotition of officers u…
Supreme Court of India3 Oct 2018Full text
2018 INSC 918 · [2018] 12 S.C.R. 857
1.2 If the court is satisfied that the confession is voluntary, D the conviction can be based upon the same. Rule of Prudence does not require that each and every circumstance mentioned in the confession with regard to the participation of the accused must be separately and independently corroborated. In the case at ha…
Supreme Court of India1 Oct 2018Full text
2018 INSC 917 · [2018] 12 S.C.R. 695
and expression guaranteed by the Constitution – Nobody has the right to become a self-appointed guardian of the law and forcibly administer his or her own interpretation of the law on others, especially not with violent means – Dispensation for preventing occurrences of such crimes or remedial measures and punitive mea…
Supreme Court of India1 Oct 2018Full text
2018 INSC 916 · [2018] 12 S.C.R. 495
[2018] 12 S.C.R. 495 495 RAJASTHAN CYLINDERS AND CONTAINERS LIMITED A v. UNION OF INDIA AND ANOTHER (Civil Appeal No. 3546 of 2014) OCTOBER 01, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Competition Act, 2002: ss. 3, 19 and 27 – Cartelisation, bid-rigging and collusive bidding – Suo-motu proceedings initiated by Compe…
Supreme Court of India1 Oct 2018Full text
2018 INSC 915 · [2018] 12 S.C.R. 868
Consumer Protection Act, 1986 – Medical Negligence – Factors to be proved – Discussed. Allowing the appeal, the Court B HELD: 1.1 The appellant is a professionally trained doctor and has acquired the post-graduate degree in the subject (FRCS) from London way back in 1976 and worked there (UK) for seven years and earned…
Supreme Court of India28 Sep 2018Full text
2018 INSC 912 · [2018] 11 S.C.R. 951
C…
Supreme Court of India2 Feb 2018Full text
2018 INSC 91 · [2018] 2 S.C.R. 1099
– It is not possible for s.5 of the Limitation Act to apply given the peremptory language of s.421(3) of the Companies Act – Cursory reading of s.421(3) makes it clear that the proviso thereto provides a period of limitation different from that provided in the Limitation E Act, and also provides a further period not ex…
Supreme Court of India28 Sep 2018Full text
2018 INSC 909 · [2018] 12 S.C.R. 672
vaginal smear and vaginal swab also confirmed the presence of semen – The facts and circumstances of the case, and the nature of the evidence available unequivocally established the appellant as the perpetrator of sexual assault on the prosecutrix – The serologist report was an expert opinion under s.45 of the Evidence…
Also on Law on Tips: Bare Acts · Legal news and analysis