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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.
1,321–1,340 · Page 67 of 382
Supreme Court of India26 Sep 2018Full text
2018 INSC 881 · [2018] 10 S.C.R. 663
M. Nagaraj case – Correctness of – Referred to five judge Constitution Bench – Held: Judgment in M. Nagaraj case does not need to be referred to seven–Judge Bench – However, the conclusion in M. Nagaraj case that the State has to collect quantifiable data showing backwardness of the Scheduled Castes and the Scheduled T…
Supreme Court of India26 Sep 2018Full text
2018 INSC 880 · [2018] 8 S.C.R. 1
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.
1,321–1,340 · Page 67 of 382
Supreme Court of India26 Sep 2018Full text
2018 INSC 881 · [2018] 10 S.C.R. 663
M. Nagaraj case – Correctness of – Referred to five judge Constitution Bench – Held: Judgment in M. Nagaraj case does not need to be referred to seven–Judge Bench – However, the conclusion in M. Nagaraj case that the State has to collect quantifiable data showing backwardness of the Scheduled Castes and the Scheduled T…
Supreme Court of India26 Sep 2018Full text
2018 INSC 880 · [2018] 8 S.C.R. 1
JUSTICE K. S. PUTTASWAMY (RETD.) v. UNION OF INDIA 3 Aadhaar (Targeted Delivery of Financial and other Subsidies, A benefits and services) Act, 2016: Architecture and structure of the Act – The UIDAI is established as a statutory body which is given the task of developing the policy, procedure and system for issuing Aa…
Supreme Court of India1 Feb 2018Full text
2018 INSC 88 · [2018] 1 S.C.R. 873
F HELD : 1. In the facts of the present case, question of proportionate deduction does not arise at all. The employer had paid him salary and allowances even for the period he did not work and was on study leave. This payment was made subject to the condition that after his return the appellant would serve for entire n…
Supreme Court of India25 Sep 2018Full text
2018 INSC 878 · [2018] 12 S.C.R. 118
(2012) 1 SCC 10 : [2012] 14 SCR 862 – referred to. H 120 SUPREME COURT REPORTS [2018] 12 S.C.R. A Case Law Reference [2012] 14 SCR 862 referred to Para 11 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9970 of 2018. B From the Judgment and Order dated 05.09.2018 of the High Court of Judicature of Bombay, Bench at Aura…
Supreme Court of India25 Sep 2018Full text
2018 INSC 874 · [2018] 11 S.C.R. 498
Avijit Bhattacharjee, Mrs. Upma Shrivastava, Ajoy Kr. Ghosh, Abhay Kant Mishra, Sushil Kr. Kabra, Rameshwar Prasad Goyal, Advs. for the Respondents. The Judgment of the Court was delivered by D ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal arises from the final judgment and order dated 02.01.2014 passed by t…
Supreme Court of India25 Sep 2018Full text
2018 INSC 873 · [2018] 11 S.C.R. 484
484 SUPREME COURT[2018] REPORTS11 S.C.R. 484 [2018] 11 S.C.R. A SHRI AMBADEVI SANSTHA & ORS. v. JOINT CHARITY COMMISSIONER & ORS. (Civil Appeal No. 9936 of 2018) B SEPTEMBER 25, 2018 [ARUN MISHRA AND VINEET SARAN, JJ.] Bombay Public Trusts Act, 1950: s.36 – Sale of Trust property – Power of Charity Commissioner C – App…
Supreme Court of India25 Sep 2018Full text
2018 INSC 870 · [2018] 12 S.C.R. 685
– Tribunal rightly based its finding on the documentary evidence filed by the respondents keeping in view the requirements of s.3(3), E that the title was derived by the respondents in relation to the land prior to the appointed day and that the land was found in actual use by the respondents for their personal cultiva…
Supreme Court of India1 Feb 2018Full text
2018 INSC 87 · [2018] 6 S.C.R. 651
[2018] 6 S.C.R. 651 651 COMMISSIONER OF CENTRAL EXCISE SERVICE TAX A v. ULTRA TECH CEMENT LTD. (Civil Appeal No. 11261 of 2016) FEBRUARY 01, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Cenvat Credit Rules, 2004 – r.2(I) – Cenvat Credit facility availed by assessee during the period from January, 2010 to June, 2010 on o…
Supreme Court of India25 Sep 2018Full text
2018 INSC 869 · [2018] 12 S.C.R. 682
H 682 THE STATE OF KERALA & ANR. v. GOURI & ORS. 683 K. N. Balgopal, Sr. Adv., G. Prakash, Jishnu M. L., Ms. Priyanka A Prakash, Ms. Beena Prakash, Mukundan, Jogy Scaria and Nishe Rajen Shonker, Advs., for the appellants. R. Basant, Sr. Adv., Vishnu P. and P. K. Manohar, Advs., for the respondents. B The Judgment of th…
Supreme Court of India25 Sep 2018Full text
2018 INSC 867 · [2018] 12 S.C.R. 350
H 350 REEMA SALKAN v. SUMER SINGH SALKAN 351 Allowing the appeal, the Court A HELD: 1.1 The Family Court unambiguously held that the respondent neglected to maintain the appellant, for the elaborate reasons recorded in its judgment dated 28th January, 2015. That finding of fact was upheld by the High Court. The Family …
Supreme Court of India25 Sep 2018Full text
2018 INSC 866 · [2018] 12 S.C.R. 92
92 SUPREME COURT[2018]REPORTS12 S.C.R. 92 [2018] 12 S.C.R. A ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & ANR. (Writ Petition (Civil) No.95 of 2018) B SEPTEMBER 25, 2018 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D.Y. CHANDRACHUD, JJ.] Constitution of India – Art.32 – Writ petition for issuing writ/ direction to debar t…
Supreme Court of India1 May 2018Full text
2018 INSC 865 · [2018] 5 S.C.R. 662
National Thermal Power Corporation v. Singer Co. and Ors. (1992) 3 SCC 551 : [1992] 3 SCR 106 ; Sumitomo Heavy Industries Ltd. v. ONGC Ltd. and Ors. (1998) 1 SCC 305 : [1997] 6 Suppl. SCR 186 ; Sundaram Finance Ltd. v. NEPC India Ltd. (1999) 2 SCC 479 : [1999] 1 SCR 89 ; Bhatia International v. Bulk Trading D S.A. and …
Supreme Court of India25 Sep 2018Full text
2018 INSC 865 · [2018] 13 S.C.R. 379
2. In the present case, the place of arbitration was to be E agreed upon between the parties. It had not been agreed upon ; and in case of failure of agreement, the Arbitral Tribunal is required to determine the same taking into consideration the convenience of the parties. It is also incumbent on the Arbitral Tribunal…
Supreme Court of India25 Sep 2018Full text
2018 INSC 864 · [2018] 11 S.C.R. 470
excluded respondent’s work experience at DCC (i.e. 4th August, 1990 to 14th May, 1991) while considering his eligibility for promotion – Writ petition filed by respondent for grant of notional seniority in the E-3 Grade w.e.f 12th November, 1993– Allowed – Held: Respondent is not claiming seniority over any person alre…
Supreme Court of India25 Sep 2018Full text
2018 INSC 862 · [2018] 10 S.C.R. 141
Commission to control party discipline of political party by not encouraging candidates with criminal antecedents – Held: In a constitutional democracy, criminalization of politics is extremely disastrous – Though criminalization in politics is a bitter truth , the Court is not competent to make law to curb such menace…
Supreme Court of India24 Sep 2018Full text
2018 INSC 861 · [2018] 12 S.C.R. 343
[2001] 3 Suppl. SCR 253 – referred to **Jawaharlal Nehru Technological University v. The Chairman and Managing Director, Transmission H 343 344 SUPREME COURT REPORTS [2018] 12 S.C.R. A Corporation of Telangana Ltd. & Ors. Civil Appeal No. 3697-3698 of 2018 – held inapplicable Case Law Reference (2018) 1 SCC 468 relied …
Supreme Court of India24 Sep 2018Full text
2018 INSC 858 · [2018] 12 S.C.R. 282
284 SUPREME COURT REPORTS [2018] 12 S.C.R. A paid compensation also for the land mentioned in the order of Compensation Officer. Even if the compensation was not paid for some land, as that was not under personal cultivation had also automatically vested free from all encumbrances in the State. [Paras 44, 45] [303-D-H;…
Supreme Court of India24 Sep 2018Full text
2018 INSC 856 · [2018] 12 S.C.R. 327
investigation ought to be confined to 90 or 60 days, as the case may be– On the expiry of the period stipulated, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency in completion of the investigation within the period stipulated – Since, th…
Supreme Court of India20 Sep 2018Full text
2018 INSC 852 · [2018] 11 S.C.R. 720
720 SUPREME COURT[2018] REPORTS11 S.C.R. 720 [2018] 11 S.C.R. A SHARAD HIRU KOLAMBE v. STATE OF MAHARASHTRA AND OTHERS (Criminal Appeal No. 1209 of 2018) B SEPTEMBER 20, 2018 [ABHAY MANOHAR SAPRE AND UDAY UMESH LALIT, JJ.] Sentence/Sentencing: C Default sentence – Nature of – Appellant-accused convicted u/ss. 364A, 395…
Supreme Court of India20 Sep 2018Full text
2018 INSC 850 · [2018] 12 S.C.R. 1101
the question as to whether any case for further enhancement in the quantum of compensation awarded by the Tribunal made out or not and, if so, on what grounds – Furthermore, as the Insurance Company chose not to file any appeal against the impugned order of the High Court, therefore, claimant alone will have right to H…
Also on Law on Tips: Bare Acts · Legal news and analysis
JUSTICE K. S. PUTTASWAMY (RETD.) v. UNION OF INDIA 3 Aadhaar (Targeted Delivery of Financial and other Subsidies, A benefits and services) Act, 2016: Architecture and structure of the Act – The UIDAI is established as a statutory body which is given the task of developing the policy, procedure and system for issuing Aa…
Supreme Court of India1 Feb 2018Full text
2018 INSC 88 · [2018] 1 S.C.R. 873
F HELD : 1. In the facts of the present case, question of proportionate deduction does not arise at all. The employer had paid him salary and allowances even for the period he did not work and was on study leave. This payment was made subject to the condition that after his return the appellant would serve for entire n…
Supreme Court of India25 Sep 2018Full text
2018 INSC 878 · [2018] 12 S.C.R. 118
(2012) 1 SCC 10 : [2012] 14 SCR 862 – referred to. H 120 SUPREME COURT REPORTS [2018] 12 S.C.R. A Case Law Reference [2012] 14 SCR 862 referred to Para 11 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 9970 of 2018. B From the Judgment and Order dated 05.09.2018 of the High Court of Judicature of Bombay, Bench at Aura…
Supreme Court of India25 Sep 2018Full text
2018 INSC 874 · [2018] 11 S.C.R. 498
Avijit Bhattacharjee, Mrs. Upma Shrivastava, Ajoy Kr. Ghosh, Abhay Kant Mishra, Sushil Kr. Kabra, Rameshwar Prasad Goyal, Advs. for the Respondents. The Judgment of the Court was delivered by D ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal arises from the final judgment and order dated 02.01.2014 passed by t…
Supreme Court of India25 Sep 2018Full text
2018 INSC 873 · [2018] 11 S.C.R. 484
484 SUPREME COURT[2018] REPORTS11 S.C.R. 484 [2018] 11 S.C.R. A SHRI AMBADEVI SANSTHA & ORS. v. JOINT CHARITY COMMISSIONER & ORS. (Civil Appeal No. 9936 of 2018) B SEPTEMBER 25, 2018 [ARUN MISHRA AND VINEET SARAN, JJ.] Bombay Public Trusts Act, 1950: s.36 – Sale of Trust property – Power of Charity Commissioner C – App…
Supreme Court of India25 Sep 2018Full text
2018 INSC 870 · [2018] 12 S.C.R. 685
– Tribunal rightly based its finding on the documentary evidence filed by the respondents keeping in view the requirements of s.3(3), E that the title was derived by the respondents in relation to the land prior to the appointed day and that the land was found in actual use by the respondents for their personal cultiva…
Supreme Court of India1 Feb 2018Full text
2018 INSC 87 · [2018] 6 S.C.R. 651
[2018] 6 S.C.R. 651 651 COMMISSIONER OF CENTRAL EXCISE SERVICE TAX A v. ULTRA TECH CEMENT LTD. (Civil Appeal No. 11261 of 2016) FEBRUARY 01, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Cenvat Credit Rules, 2004 – r.2(I) – Cenvat Credit facility availed by assessee during the period from January, 2010 to June, 2010 on o…
Supreme Court of India25 Sep 2018Full text
2018 INSC 869 · [2018] 12 S.C.R. 682
H 682 THE STATE OF KERALA & ANR. v. GOURI & ORS. 683 K. N. Balgopal, Sr. Adv., G. Prakash, Jishnu M. L., Ms. Priyanka A Prakash, Ms. Beena Prakash, Mukundan, Jogy Scaria and Nishe Rajen Shonker, Advs., for the appellants. R. Basant, Sr. Adv., Vishnu P. and P. K. Manohar, Advs., for the respondents. B The Judgment of th…
Supreme Court of India25 Sep 2018Full text
2018 INSC 867 · [2018] 12 S.C.R. 350
H 350 REEMA SALKAN v. SUMER SINGH SALKAN 351 Allowing the appeal, the Court A HELD: 1.1 The Family Court unambiguously held that the respondent neglected to maintain the appellant, for the elaborate reasons recorded in its judgment dated 28th January, 2015. That finding of fact was upheld by the High Court. The Family …
Supreme Court of India25 Sep 2018Full text
2018 INSC 866 · [2018] 12 S.C.R. 92
92 SUPREME COURT[2018]REPORTS12 S.C.R. 92 [2018] 12 S.C.R. A ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & ANR. (Writ Petition (Civil) No.95 of 2018) B SEPTEMBER 25, 2018 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D.Y. CHANDRACHUD, JJ.] Constitution of India – Art.32 – Writ petition for issuing writ/ direction to debar t…
Supreme Court of India1 May 2018Full text
2018 INSC 865 · [2018] 5 S.C.R. 662
National Thermal Power Corporation v. Singer Co. and Ors. (1992) 3 SCC 551 : [1992] 3 SCR 106 ; Sumitomo Heavy Industries Ltd. v. ONGC Ltd. and Ors. (1998) 1 SCC 305 : [1997] 6 Suppl. SCR 186 ; Sundaram Finance Ltd. v. NEPC India Ltd. (1999) 2 SCC 479 : [1999] 1 SCR 89 ; Bhatia International v. Bulk Trading D S.A. and …
Supreme Court of India25 Sep 2018Full text
2018 INSC 865 · [2018] 13 S.C.R. 379
2. In the present case, the place of arbitration was to be E agreed upon between the parties. It had not been agreed upon ; and in case of failure of agreement, the Arbitral Tribunal is required to determine the same taking into consideration the convenience of the parties. It is also incumbent on the Arbitral Tribunal…
Supreme Court of India25 Sep 2018Full text
2018 INSC 864 · [2018] 11 S.C.R. 470
excluded respondent’s work experience at DCC (i.e. 4th August, 1990 to 14th May, 1991) while considering his eligibility for promotion – Writ petition filed by respondent for grant of notional seniority in the E-3 Grade w.e.f 12th November, 1993– Allowed – Held: Respondent is not claiming seniority over any person alre…
Supreme Court of India25 Sep 2018Full text
2018 INSC 862 · [2018] 10 S.C.R. 141
Commission to control party discipline of political party by not encouraging candidates with criminal antecedents – Held: In a constitutional democracy, criminalization of politics is extremely disastrous – Though criminalization in politics is a bitter truth , the Court is not competent to make law to curb such menace…
Supreme Court of India24 Sep 2018Full text
2018 INSC 861 · [2018] 12 S.C.R. 343
[2001] 3 Suppl. SCR 253 – referred to **Jawaharlal Nehru Technological University v. The Chairman and Managing Director, Transmission H 343 344 SUPREME COURT REPORTS [2018] 12 S.C.R. A Corporation of Telangana Ltd. & Ors. Civil Appeal No. 3697-3698 of 2018 – held inapplicable Case Law Reference (2018) 1 SCC 468 relied …
Supreme Court of India24 Sep 2018Full text
2018 INSC 858 · [2018] 12 S.C.R. 282
284 SUPREME COURT REPORTS [2018] 12 S.C.R. A paid compensation also for the land mentioned in the order of Compensation Officer. Even if the compensation was not paid for some land, as that was not under personal cultivation had also automatically vested free from all encumbrances in the State. [Paras 44, 45] [303-D-H;…
Supreme Court of India24 Sep 2018Full text
2018 INSC 856 · [2018] 12 S.C.R. 327
investigation ought to be confined to 90 or 60 days, as the case may be– On the expiry of the period stipulated, an indefeasible right accrues in favour of the accused for being released on bail on account of default by the investigating agency in completion of the investigation within the period stipulated – Since, th…
Supreme Court of India20 Sep 2018Full text
2018 INSC 852 · [2018] 11 S.C.R. 720
720 SUPREME COURT[2018] REPORTS11 S.C.R. 720 [2018] 11 S.C.R. A SHARAD HIRU KOLAMBE v. STATE OF MAHARASHTRA AND OTHERS (Criminal Appeal No. 1209 of 2018) B SEPTEMBER 20, 2018 [ABHAY MANOHAR SAPRE AND UDAY UMESH LALIT, JJ.] Sentence/Sentencing: C Default sentence – Nature of – Appellant-accused convicted u/ss. 364A, 395…
Supreme Court of India20 Sep 2018Full text
2018 INSC 850 · [2018] 12 S.C.R. 1101
the question as to whether any case for further enhancement in the quantum of compensation awarded by the Tribunal made out or not and, if so, on what grounds – Furthermore, as the Insurance Company chose not to file any appeal against the impugned order of the High Court, therefore, claimant alone will have right to H…
Also on Law on Tips: Bare Acts · Legal news and analysis