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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.
1,301–1,320 · Page 66 of 382
Supreme Court of India27 Sep 2018Full text
2018 INSC 907 · [2018] 12 S.C.R. 895
895 896 SUPREME COURT REPORTS [2018] 12 S.C.R. A fresh election for the post of President held on 23.03.2018 is legal and valid – Central Council of General Medicine (General) Regulations, 1976 – Regulation 5(2). Allowing the appeal, the Court B HELD: 1.1 A bare reading of the provisions contained in Section 7, Indian …
Supreme Court of India27 Sep 2018Full text
2018 INSC 904 · [2018] 12 S.C.R. 244
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.
1,301–1,320 · Page 66 of 382
Supreme Court of India27 Sep 2018Full text
2018 INSC 907 · [2018] 12 S.C.R. 895
895 896 SUPREME COURT REPORTS [2018] 12 S.C.R. A fresh election for the post of President held on 23.03.2018 is legal and valid – Central Council of General Medicine (General) Regulations, 1976 – Regulation 5(2). Allowing the appeal, the Court B HELD: 1.1 A bare reading of the provisions contained in Section 7, Indian …
Supreme Court of India27 Sep 2018Full text
2018 INSC 904 · [2018] 12 S.C.R. 244
244 SUPREME COURT[2018]REPORTS12 S.C.R. 244 [2018] 12 S.C.R. A FERANI HOTELS PVT. LTD. v. THE STATE INFORMATION COMMISSIONER GREATER MUMBAI & ORS. B (Civil Appeal Nos.9064-9065 of 2018) SEPTEMBER 27, 2018 [KURIAN JOSEPH AND SANJAY KISHAN KAUL, JJ.] Right to Information Act, 2005 – ss. 6(1), 8(1)(d), 8(1)(j) and 9 – Inf…
Supreme Court of India27 Sep 2018Full text
2018 INSC 903 · [2018] 13 S.C.R. 1278
DIPAK MISRA, CJI B 1. Almost a century back, Nobel Laureate T.S. Eliot had disenchantingly written, “Where is the wisdom we have lost in knowledge? Where is the knowledge we have lost in information?” Though the content of the statement cannot be said to have lost its fragrance or flavour, yet today, information ha…
Supreme Court of India27 Sep 2018Full text
2018 INSC 901 · [2018] 12 S.C.R. 235
[Paras 11, 13 and 14] [241-F-G; 242-D-H; 243-A] H PADMINI SINGHA v. STATE OF ASSAM & OTHERS 237 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4677 A of 2018. From the Judgment and Order dated 24.11.2017 of the Gauhati High Court in Writ Appeal No. 310 of 2016. Pijush Kanti Roy, Mrs. Kakali Roy (for Rajan K. Chourasia…
Supreme Court of India27 Sep 2018Full text
2018 INSC 900 · [2018] 13 S.C.R. 443
– However, 1956 Presidential Order declared “Kuli” to be Scheduled C Caste in Sambalpur District only while also continued declaring “Kulis” to be Scheduled Tribe in the State – Said Presidential Orders replaced by 1976 Act in which caste “Kuli” was not mentioned, however,”Kulis” was notified as Scheduled Tribe – Issue…
Supreme Court of India8 Jan 2018Full text
2018 INSC 9 · [2018] 1 S.C.R. 102
102 SUPREME COURT[2018]REPORTS1 S.C.R. 102 [2018] 1 S.C.R. A STATE OF HIMACHAL PRADESH v. RAJ KUMAR (Criminal Appeal No. 31 of 2018) B JANUARY 08, 2018 [R. BANUMATHI AND UDAY UMESH LALIT, JJ.] Penal Code, 1860 – ss.302, 201 r/w.34 – Case based on circumstantial evidence – Deceased was residing with PW1 (son), PW2 (daug…
Supreme Court of India27 Sep 2018Full text
2018 INSC 899 · [2018] 12 S.C.R. 263
[2018] 12 S.C.R. 263 263 E.A. ABOOBACKER & ORS. A v. STATE OF KERALA & ORS. (Civil Appeal No. 2772 of 2011) SEPTEMBER 27, 2018 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Land Acquisition Act, 1894 – ss.3(c), 4(1), 17(1) and 17(4) – Special Tahsildar if empowered to perform the functions of the Collector under the Act – S…
Supreme Court of India26 Sep 2018Full text
2018 INSC 896 · [2018] 12 S.C.R. 143
143 144 SUPREME COURT REPORTS [2018] 12 S.C.R. A in filing the objections set aside – Arbitration and Conciliation Act, 1996 – ss.29, 33, 34(3) and 36. Arbitration and Conciliation Act, 1996 – s.29 – Purport of – Discussed. Words & Phrases – “the period of limitation shall not begin B to run”, “may not be made”, “expre…
Supreme Court of India26 Sep 2018Full text
2018 INSC 895 · [2018] 13 S.C.R. 458
B Disposing of the appeal, the Court HELD: 1.1 There is no dispute that despite the Scheme of 1998, as amended in 2001, the appellant operated their stage carriage up to 2008. [Para 5] [461-G-H] C 1.2 The Scheme is unilateral, whereas the reciprocal agreements are bilateral. Despite the availability of Scheme, the Unio…
Supreme Court of India26 Sep 2018Full text
2018 INSC 894 · [2018] 13 S.C.R. 428
‘Super Bazar’ a multi-State Cooperative Society incurred huge losses and was unable to discharge its liabilities towards its stakeholders. ‘Super Bazar’ went into liquidation. Order of liquidation was challenged by employees’ Union before High F Court. When the matter reached Supreme Court, the Court in order to obviat…
Supreme Court of India26 Sep 2018Full text
2018 INSC 893 · [2018] 12 S.C.R. 135
Remand of a case to Subordinate Court – When necessary – Held: Remand is necessary when the Superior Court while exercising H 135 136 SUPREME COURT REPORTS [2018] 12 S.C.R. A its appellate or revisionary jurisdiction finds that the Subordinate Court has failed to decide some material issues arising in the case or there…
Supreme Court of India2 Feb 2018Full text
2018 INSC 89 · [2018] 1 S.C.R. 407
passed by Supreme Court in A. Nagaraja case – While the writ petitions were pending, the 2017 Act was passed – Writ petitions amended to include prayers to set aside the said Act – Held: Writ petitions involve substantial questions relating to interpretation of the Constitution of India and thus, need to be authoritati…
Supreme Court of India26 Sep 2018Full text
2018 INSC 889 · [2018] 12 S.C.R. 184
serious infirmity, Supreme court can reappreciate the evidence and reasonings upon which the order of acquittal is based – Judgment of the High Court suffers from serious infirmity – Judgment of the trial court restored – Trial court holding the case to be one of the ‘rarest of rare cases’ awarded death penalty to the …
Supreme Court of India26 Sep 2018Full text
2018 INSC 888 · [2018] 12 S.C.R. 204
– The fact that such a submission was made is not in dispute – In fact, the said submission has also been repeated in the present application, as originally filed – Further, present application proceeds on the basis that the observations which were made in regard to the conduct of the petitioners and intervenors attach…
Supreme Court of India26 Sep 2018Full text
2018 INSC 887 · [2018] 14 S.C.R. 6
6 PATEL AHMED MOHAMMAD v. BALWANT SINGH RAJPUT 7 said application – Insofar as election application no.6 is concerned, A said application disposed of with liberty to the appellant to challenge the selfsame decision of the said application afresh in event the remanded election application no.3 is rejected – Gujarat High…
Supreme Court of India26 Sep 2018Full text
2018 INSC 886 · [2018] 11 S.C.R. 57
2. Live streaming of Court proceedings has the potential of throwing up an option to the public to witness live court proceedings which they otherwise could not have due to logistical E issues and infrastructural restrictions of Courts; and would also provide them with a more direct sense of what has transpired. Thus, …
Supreme Court of India26 Sep 2018Full text
2018 INSC 885 · [2018] 12 S.C.R. 208
E Code of Civil Procedure, 1908 – Or. XLI, rr.23, 23-A and 25-29 – Suit for injunction filed by the appellant against respondent – Suit dismissed by trial court – Appellant filed first appeal wherein respondent filed applications u/Or. XLI, r.27 to produce additional evidence – First Appellate Court (FAC) allowed the a…
Supreme Court of India26 Sep 2018Full text
2018 INSC 884 · [2018] 12 S.C.R. 169
170 SUPREME COURT REPORTS [2018] 12 S.C.R. A pending the appeal in its various judgments. Upon the stay of a conviction under Section 389 of Cr.P.C., the disqualification under Section 8 of Representation of People Act, 1951 will not operate. The decisions in Ravi Kant Patil and Lily Thomas conclude the issue. Since th…
Supreme Court of India26 Sep 2018Full text
2018 INSC 883 · [2018] 13 S.C.R. 405
inconsistencies in the evidence which demolish the prosecution case or where the conclusion of the High Court is manifestly perverse and unsupportable and the like – In the instant case, there is material in the form of testimony of PW-1 and PW-3 regarding dowry harassment – On 16.02.2001, PW-1 stated that appellant’s …
Supreme Court of India26 Sep 2018Full text
2018 INSC 882 · [2018] 12 S.C.R. 225
– On appeal, held: It was not in dispute before the High Court that posts of respondents were regular sanctioned posts – Based on this, it was held that having due regard to r.6 r/w. r.2(c) and Note 3 of Schedule I, the posts held by the respondents were deemed to be E included in the service – This interpretation of t…
Also on Law on Tips: Bare Acts · Legal news and analysis
244 SUPREME COURT[2018]REPORTS12 S.C.R. 244 [2018] 12 S.C.R. A FERANI HOTELS PVT. LTD. v. THE STATE INFORMATION COMMISSIONER GREATER MUMBAI & ORS. B (Civil Appeal Nos.9064-9065 of 2018) SEPTEMBER 27, 2018 [KURIAN JOSEPH AND SANJAY KISHAN KAUL, JJ.] Right to Information Act, 2005 – ss. 6(1), 8(1)(d), 8(1)(j) and 9 – Inf…
Supreme Court of India27 Sep 2018Full text
2018 INSC 903 · [2018] 13 S.C.R. 1278
DIPAK MISRA, CJI B 1. Almost a century back, Nobel Laureate T.S. Eliot had disenchantingly written, “Where is the wisdom we have lost in knowledge? Where is the knowledge we have lost in information?” Though the content of the statement cannot be said to have lost its fragrance or flavour, yet today, information ha…
Supreme Court of India27 Sep 2018Full text
2018 INSC 901 · [2018] 12 S.C.R. 235
[Paras 11, 13 and 14] [241-F-G; 242-D-H; 243-A] H PADMINI SINGHA v. STATE OF ASSAM & OTHERS 237 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4677 A of 2018. From the Judgment and Order dated 24.11.2017 of the Gauhati High Court in Writ Appeal No. 310 of 2016. Pijush Kanti Roy, Mrs. Kakali Roy (for Rajan K. Chourasia…
Supreme Court of India27 Sep 2018Full text
2018 INSC 900 · [2018] 13 S.C.R. 443
– However, 1956 Presidential Order declared “Kuli” to be Scheduled C Caste in Sambalpur District only while also continued declaring “Kulis” to be Scheduled Tribe in the State – Said Presidential Orders replaced by 1976 Act in which caste “Kuli” was not mentioned, however,”Kulis” was notified as Scheduled Tribe – Issue…
Supreme Court of India8 Jan 2018Full text
2018 INSC 9 · [2018] 1 S.C.R. 102
102 SUPREME COURT[2018]REPORTS1 S.C.R. 102 [2018] 1 S.C.R. A STATE OF HIMACHAL PRADESH v. RAJ KUMAR (Criminal Appeal No. 31 of 2018) B JANUARY 08, 2018 [R. BANUMATHI AND UDAY UMESH LALIT, JJ.] Penal Code, 1860 – ss.302, 201 r/w.34 – Case based on circumstantial evidence – Deceased was residing with PW1 (son), PW2 (daug…
Supreme Court of India27 Sep 2018Full text
2018 INSC 899 · [2018] 12 S.C.R. 263
[2018] 12 S.C.R. 263 263 E.A. ABOOBACKER & ORS. A v. STATE OF KERALA & ORS. (Civil Appeal No. 2772 of 2011) SEPTEMBER 27, 2018 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Land Acquisition Act, 1894 – ss.3(c), 4(1), 17(1) and 17(4) – Special Tahsildar if empowered to perform the functions of the Collector under the Act – S…
Supreme Court of India26 Sep 2018Full text
2018 INSC 896 · [2018] 12 S.C.R. 143
143 144 SUPREME COURT REPORTS [2018] 12 S.C.R. A in filing the objections set aside – Arbitration and Conciliation Act, 1996 – ss.29, 33, 34(3) and 36. Arbitration and Conciliation Act, 1996 – s.29 – Purport of – Discussed. Words & Phrases – “the period of limitation shall not begin B to run”, “may not be made”, “expre…
Supreme Court of India26 Sep 2018Full text
2018 INSC 895 · [2018] 13 S.C.R. 458
B Disposing of the appeal, the Court HELD: 1.1 There is no dispute that despite the Scheme of 1998, as amended in 2001, the appellant operated their stage carriage up to 2008. [Para 5] [461-G-H] C 1.2 The Scheme is unilateral, whereas the reciprocal agreements are bilateral. Despite the availability of Scheme, the Unio…
Supreme Court of India26 Sep 2018Full text
2018 INSC 894 · [2018] 13 S.C.R. 428
‘Super Bazar’ a multi-State Cooperative Society incurred huge losses and was unable to discharge its liabilities towards its stakeholders. ‘Super Bazar’ went into liquidation. Order of liquidation was challenged by employees’ Union before High F Court. When the matter reached Supreme Court, the Court in order to obviat…
Supreme Court of India26 Sep 2018Full text
2018 INSC 893 · [2018] 12 S.C.R. 135
Remand of a case to Subordinate Court – When necessary – Held: Remand is necessary when the Superior Court while exercising H 135 136 SUPREME COURT REPORTS [2018] 12 S.C.R. A its appellate or revisionary jurisdiction finds that the Subordinate Court has failed to decide some material issues arising in the case or there…
Supreme Court of India2 Feb 2018Full text
2018 INSC 89 · [2018] 1 S.C.R. 407
passed by Supreme Court in A. Nagaraja case – While the writ petitions were pending, the 2017 Act was passed – Writ petitions amended to include prayers to set aside the said Act – Held: Writ petitions involve substantial questions relating to interpretation of the Constitution of India and thus, need to be authoritati…
Supreme Court of India26 Sep 2018Full text
2018 INSC 889 · [2018] 12 S.C.R. 184
serious infirmity, Supreme court can reappreciate the evidence and reasonings upon which the order of acquittal is based – Judgment of the High Court suffers from serious infirmity – Judgment of the trial court restored – Trial court holding the case to be one of the ‘rarest of rare cases’ awarded death penalty to the …
Supreme Court of India26 Sep 2018Full text
2018 INSC 888 · [2018] 12 S.C.R. 204
– The fact that such a submission was made is not in dispute – In fact, the said submission has also been repeated in the present application, as originally filed – Further, present application proceeds on the basis that the observations which were made in regard to the conduct of the petitioners and intervenors attach…
Supreme Court of India26 Sep 2018Full text
2018 INSC 887 · [2018] 14 S.C.R. 6
6 PATEL AHMED MOHAMMAD v. BALWANT SINGH RAJPUT 7 said application – Insofar as election application no.6 is concerned, A said application disposed of with liberty to the appellant to challenge the selfsame decision of the said application afresh in event the remanded election application no.3 is rejected – Gujarat High…
Supreme Court of India26 Sep 2018Full text
2018 INSC 886 · [2018] 11 S.C.R. 57
2. Live streaming of Court proceedings has the potential of throwing up an option to the public to witness live court proceedings which they otherwise could not have due to logistical E issues and infrastructural restrictions of Courts; and would also provide them with a more direct sense of what has transpired. Thus, …
Supreme Court of India26 Sep 2018Full text
2018 INSC 885 · [2018] 12 S.C.R. 208
E Code of Civil Procedure, 1908 – Or. XLI, rr.23, 23-A and 25-29 – Suit for injunction filed by the appellant against respondent – Suit dismissed by trial court – Appellant filed first appeal wherein respondent filed applications u/Or. XLI, r.27 to produce additional evidence – First Appellate Court (FAC) allowed the a…
Supreme Court of India26 Sep 2018Full text
2018 INSC 884 · [2018] 12 S.C.R. 169
170 SUPREME COURT REPORTS [2018] 12 S.C.R. A pending the appeal in its various judgments. Upon the stay of a conviction under Section 389 of Cr.P.C., the disqualification under Section 8 of Representation of People Act, 1951 will not operate. The decisions in Ravi Kant Patil and Lily Thomas conclude the issue. Since th…
Supreme Court of India26 Sep 2018Full text
2018 INSC 883 · [2018] 13 S.C.R. 405
inconsistencies in the evidence which demolish the prosecution case or where the conclusion of the High Court is manifestly perverse and unsupportable and the like – In the instant case, there is material in the form of testimony of PW-1 and PW-3 regarding dowry harassment – On 16.02.2001, PW-1 stated that appellant’s …
Supreme Court of India26 Sep 2018Full text
2018 INSC 882 · [2018] 12 S.C.R. 225
– On appeal, held: It was not in dispute before the High Court that posts of respondents were regular sanctioned posts – Based on this, it was held that having due regard to r.6 r/w. r.2(c) and Note 3 of Schedule I, the posts held by the respondents were deemed to be E included in the service – This interpretation of t…
Also on Law on Tips: Bare Acts · Legal news and analysis