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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.
1,341–1,360 · Page 68 of 382
Supreme Court of India20 Sep 2018Full text
2018 INSC 849 · [2018] 11 S.C.R. 759
2. The Court may decline to award the back wages in its entirety whereas in some cases, it may award partial depending H 759 760 SUPREME COURT REPORTS [2018] 11 S.C.R. A upon the facts of each case by exercising its judicial discretion in the light of the facts and evidence. [Para 13] [763-B] 3. The Court is required t…
Supreme Court of India20 Sep 2018Full text
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.
1,341–1,360 · Page 68 of 382
Supreme Court of India20 Sep 2018Full text
2018 INSC 849 · [2018] 11 S.C.R. 759
2. The Court may decline to award the back wages in its entirety whereas in some cases, it may award partial depending H 759 760 SUPREME COURT REPORTS [2018] 11 S.C.R. A upon the facts of each case by exercising its judicial discretion in the light of the facts and evidence. [Para 13] [763-B] 3. The Court is required t…
Supreme Court of India20 Sep 2018Full text
2018 INSC 847 · [2018] 11 S.C.R. 752
Dismissing the appeals, the Court HELD: 1.1 The High Court was right in holding that the question involved in these appeals is covered by the earlier G decision of the Gujarat High Court rendered in Mohamed Irshad Husenbhai Baloch case, which was upheld by this Court by order dated 16.09.2013 and thus attained finality…
Supreme Court of India20 Sep 2018Full text
2018 INSC 843 · [2018] 11 S.C.R. 448
principles of law – Similarly, no party to the proceedings pleaded or adduced any evidence to prove the material facts required for award of the back wages enabling the Court to award the back wages – Direction of the Courts below caused prejudice to the appellant – In the interest of justice, the respondents (LRs of t…
Supreme Court of India20 Sep 2018Full text
2018 INSC 842 · [2018] 11 S.C.R. 745
Held: 1. The High Court erred in interpreting the order of this Court. On mere reading of the order, it is clear that this G Court remanded the matter to the High Court with a request to decide it afresh in accordance with law including the question of consideration of the compromise petition. This implied that the que…
Supreme Court of India20 Sep 2018Full text
2018 INSC 841 · [2018] 11 S.C.R. 455
errors committed by the Labour Court – However, there was no ground to interfere in the conclusion arrived by the High Court which resulted in upholding of the dismissal order – On perusal of the enquiry proceedings along with the Enquiry Report, no case was made out to hold that the domestic enquiry suffered from any …
Supreme Court of India20 Sep 2018Full text
2018 INSC 840 · [2018] 11 S.C.R. 738
– Code of Criminal Procedure, 1973 – s.145. G Allowing the appeal, the Court HELD: 1. The High Court was of the view that the plaintiffs’(appellants) suit against the defendants (respondents) was essentially for declaration and consequential injunction and, H 738 GHEWARCHAND & ORS. v. M/S MAHENDRA SINGH & ORS. 739 ther…
Supreme Court of India1 Feb 2018Full text
2018 INSC 84 · [2018] 2 S.C.R. 553
[2018] 2 S.C.R. 553 553 DANAMMA @ SUMAN SURPUR & ANR. A v. AMAR AND ORS. (Civil Appeal Nos. 188-189 of 2018) FEBRUARY 01, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Hindu Succession (Amendment) Act, 2005 – s.6 – Applicability of – One ‘GS’ died in 2001 leaving behind his widow, two daughters (appellants) and two sons,…
Supreme Court of India19 Sep 2018Full text
2018 INSC 834 · [2018] 11 S.C.R. 690
Abhinav Mukerji, AAG, H.P., Bihu Sharma, Siddharth Garg, Amit Singh Chandel, Abhijat P. Medh, Aman Parth, Advs. for the respondents. F The Judgment of the Court was delivered by DIPAK MISRA, CJI 1. The second respondent, being grieved by the appointment of the appellant as a part time female member in the Himachal Prad…
Supreme Court of India19 Sep 2018Full text
2018 INSC 833 · [2018] 11 S.C.R. 677
H 677 678 SUPREME COURT REPORTS [2018] 11 S.C.R. A Evidence – Injured witness – Appreciation of – Discussed. Criminal Trial – Witness – Minor contradictions in evidence of – Effect of– Discussed. Criminal Trial – Duty of a Judge – Discussed. B Allowing the appeal to an extent, the Court HELD: 1.1 In a criminal trial, n…
Supreme Court of India19 Sep 2018Full text
2018 INSC 832 · [2018] 11 S.C.R. 699
Hrishikesh Chitaley, M/s. Mitter & Mitter Co., Nishant Ramakantrao Katneshwarkar, Advs. for the appearing parties. D The Judgment of the Court was delivered by DIPAK MISRA, CJI 1. The singular question that emanates for consideration in this appeal is whether the forums below as well as the High Court is justified in d…
Supreme Court of India19 Sep 2018Full text
2018 INSC 831 · [2018] 11 S.C.R. 687
687 688 SUPREME COURT REPORTS [2018] 11 S.C.R. A 2. The petitioner is an Indian company and the respondent company is registered in Bangladesh. It is averred that the petitioner is a multinational company having operations in the Indian Sub-Continent, Middle East and South East Asia and is actively engaged in diversifi…
Supreme Court of India18 Sep 2018Full text
2018 INSC 828 · [2018] 11 S.C.R. 664
of Supreme Court in Pranay Sethi case, future Prospects is awarded at 40% of the actual income of the deceased, instead of 50% as awarded by the High Court – Further, also in view of decision in Pranay Sethi case, compensation of Rs.25,000/- towards funeral expenses decreased to Rs.15,000/- – Though neither MACT nor F …
Supreme Court of India14 Sep 2018Full text
2018 INSC 822 · [2018] 12 S.C.R. 51
no action to be taken against the officers who were held allegedly responsible by CBI for appellant’s illegal arrest – On appeal, held: When person is confined within four walls of a police station or lock up, he suffers mental agony – There may not be infliction of physical pain but definitely there is mental torture …
Supreme Court of India14 Sep 2018Full text
2018 INSC 821 · [2018] 11 S.C.R. 645
2. The petitioner, company incorporated under the laws of People’s Republic of China having its office at Sanquiao Village, Fuchun Street, Fuyang, China, is engaged in the business of, inter alia, exporting and supplying high quality elevator guiderails, fish-plates, accessories and D allied goods. The respondent, a pa…
Supreme Court of India1 Feb 2018Full text
2018 INSC 82 · [2018] 1 S.C.R. 656
Dismissing the appeal, the Court HELD: Both PW-8 and PW-9 have categorically stated that, F when they were called by the Intelligence Officer (PW-1) and by the time they reached, the bag was already opened. Further it was admitted by them that, the panchanama was not read over to them. They were asked to sign on number…
Supreme Court of India14 Sep 2018Full text
2018 INSC 819 · [2018] 13 S.C.R. 334
334 SUPREME COURT[2018]REPORTS13 S.C.R. 334 [2018] 13 S.C.R. A PANKAJ SINHA v. UNION OF INDIA AND OTHERS (Writ Petition (Civil) No.767 of 2014) B SEPTEMBER 14, 2018 [DIPAK MISRA, CJI, A.M. KHANWILKAR AND DR. D.Y. CHANDRACHUD, JJ.] Constitution of India – Art.32 – Protection of leprosy affected persons and their family …
Supreme Court of India13 Sep 2018Full text
2018 INSC 817 · [2018] 12 S.C.R. 1
29.5.2018 subject to outcome of the writ petition – Subsequently the order dated 29.5.2018 was set aside by Supreme Court by its order dated 4.7.2018 – High Court allowed the writ petition relying on the G.O. dated 31.5.2018 passed by Central Government – On appeal, held : The G.O. dated 31.5.2018 issued by Central Gov…
Supreme Court of India13 Sep 2018Full text
2018 INSC 816 · [2018] 10 S.C.R. 749
749 750 SUPREME COURT REPORTS [2018] 10 S.C.R. A 2.2 “Award” under Item 12 of Schedule I of the Stamp Act, 1899 has remained unchanged till date. In 1899, this “award” would refer only to a decision in writing by an arbitrator or umpire in a reference not made by an order of the Court in the course of a suit. This woul…
Supreme Court of India13 Sep 2018Full text
2018 INSC 814 · [2018] 11 S.C.R. 154
and the petition was of serious nature – High Court should have applied its mind with regard to the correctness of the order – Matter remitted to Chief Judicial Magistrate to consider the withdrawal application in accordance with law. s. 321 – Withdrawal of prosecution – Limit of – Public E Prosecutor has authority to …
Supreme Court of India13 Sep 2018Full text
2018 INSC 814 · [2018] 11 S.C.R. 155
and the petition was of serious nature – High Court should have applied its mind with regard to the correctness of the order – Matter remitted to Chief Judicial Magistrate to consider the withdrawal application in accordance with law. s. 321 – Withdrawal of prosecution – Limit of – Public E Prosecutor has authority to …
Also on Law on Tips: Bare Acts · Legal news and analysis
2018 INSC 847 · [2018] 11 S.C.R. 752
Dismissing the appeals, the Court HELD: 1.1 The High Court was right in holding that the question involved in these appeals is covered by the earlier G decision of the Gujarat High Court rendered in Mohamed Irshad Husenbhai Baloch case, which was upheld by this Court by order dated 16.09.2013 and thus attained finality…
Supreme Court of India20 Sep 2018Full text
2018 INSC 843 · [2018] 11 S.C.R. 448
principles of law – Similarly, no party to the proceedings pleaded or adduced any evidence to prove the material facts required for award of the back wages enabling the Court to award the back wages – Direction of the Courts below caused prejudice to the appellant – In the interest of justice, the respondents (LRs of t…
Supreme Court of India20 Sep 2018Full text
2018 INSC 842 · [2018] 11 S.C.R. 745
Held: 1. The High Court erred in interpreting the order of this Court. On mere reading of the order, it is clear that this G Court remanded the matter to the High Court with a request to decide it afresh in accordance with law including the question of consideration of the compromise petition. This implied that the que…
Supreme Court of India20 Sep 2018Full text
2018 INSC 841 · [2018] 11 S.C.R. 455
errors committed by the Labour Court – However, there was no ground to interfere in the conclusion arrived by the High Court which resulted in upholding of the dismissal order – On perusal of the enquiry proceedings along with the Enquiry Report, no case was made out to hold that the domestic enquiry suffered from any …
Supreme Court of India20 Sep 2018Full text
2018 INSC 840 · [2018] 11 S.C.R. 738
– Code of Criminal Procedure, 1973 – s.145. G Allowing the appeal, the Court HELD: 1. The High Court was of the view that the plaintiffs’(appellants) suit against the defendants (respondents) was essentially for declaration and consequential injunction and, H 738 GHEWARCHAND & ORS. v. M/S MAHENDRA SINGH & ORS. 739 ther…
Supreme Court of India1 Feb 2018Full text
2018 INSC 84 · [2018] 2 S.C.R. 553
[2018] 2 S.C.R. 553 553 DANAMMA @ SUMAN SURPUR & ANR. A v. AMAR AND ORS. (Civil Appeal Nos. 188-189 of 2018) FEBRUARY 01, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Hindu Succession (Amendment) Act, 2005 – s.6 – Applicability of – One ‘GS’ died in 2001 leaving behind his widow, two daughters (appellants) and two sons,…
Supreme Court of India19 Sep 2018Full text
2018 INSC 834 · [2018] 11 S.C.R. 690
Abhinav Mukerji, AAG, H.P., Bihu Sharma, Siddharth Garg, Amit Singh Chandel, Abhijat P. Medh, Aman Parth, Advs. for the respondents. F The Judgment of the Court was delivered by DIPAK MISRA, CJI 1. The second respondent, being grieved by the appointment of the appellant as a part time female member in the Himachal Prad…
Supreme Court of India19 Sep 2018Full text
2018 INSC 833 · [2018] 11 S.C.R. 677
H 677 678 SUPREME COURT REPORTS [2018] 11 S.C.R. A Evidence – Injured witness – Appreciation of – Discussed. Criminal Trial – Witness – Minor contradictions in evidence of – Effect of– Discussed. Criminal Trial – Duty of a Judge – Discussed. B Allowing the appeal to an extent, the Court HELD: 1.1 In a criminal trial, n…
Supreme Court of India19 Sep 2018Full text
2018 INSC 832 · [2018] 11 S.C.R. 699
Hrishikesh Chitaley, M/s. Mitter & Mitter Co., Nishant Ramakantrao Katneshwarkar, Advs. for the appearing parties. D The Judgment of the Court was delivered by DIPAK MISRA, CJI 1. The singular question that emanates for consideration in this appeal is whether the forums below as well as the High Court is justified in d…
Supreme Court of India19 Sep 2018Full text
2018 INSC 831 · [2018] 11 S.C.R. 687
687 688 SUPREME COURT REPORTS [2018] 11 S.C.R. A 2. The petitioner is an Indian company and the respondent company is registered in Bangladesh. It is averred that the petitioner is a multinational company having operations in the Indian Sub-Continent, Middle East and South East Asia and is actively engaged in diversifi…
Supreme Court of India18 Sep 2018Full text
2018 INSC 828 · [2018] 11 S.C.R. 664
of Supreme Court in Pranay Sethi case, future Prospects is awarded at 40% of the actual income of the deceased, instead of 50% as awarded by the High Court – Further, also in view of decision in Pranay Sethi case, compensation of Rs.25,000/- towards funeral expenses decreased to Rs.15,000/- – Though neither MACT nor F …
Supreme Court of India14 Sep 2018Full text
2018 INSC 822 · [2018] 12 S.C.R. 51
no action to be taken against the officers who were held allegedly responsible by CBI for appellant’s illegal arrest – On appeal, held: When person is confined within four walls of a police station or lock up, he suffers mental agony – There may not be infliction of physical pain but definitely there is mental torture …
Supreme Court of India14 Sep 2018Full text
2018 INSC 821 · [2018] 11 S.C.R. 645
2. The petitioner, company incorporated under the laws of People’s Republic of China having its office at Sanquiao Village, Fuchun Street, Fuyang, China, is engaged in the business of, inter alia, exporting and supplying high quality elevator guiderails, fish-plates, accessories and D allied goods. The respondent, a pa…
Supreme Court of India1 Feb 2018Full text
2018 INSC 82 · [2018] 1 S.C.R. 656
Dismissing the appeal, the Court HELD: Both PW-8 and PW-9 have categorically stated that, F when they were called by the Intelligence Officer (PW-1) and by the time they reached, the bag was already opened. Further it was admitted by them that, the panchanama was not read over to them. They were asked to sign on number…
Supreme Court of India14 Sep 2018Full text
2018 INSC 819 · [2018] 13 S.C.R. 334
334 SUPREME COURT[2018]REPORTS13 S.C.R. 334 [2018] 13 S.C.R. A PANKAJ SINHA v. UNION OF INDIA AND OTHERS (Writ Petition (Civil) No.767 of 2014) B SEPTEMBER 14, 2018 [DIPAK MISRA, CJI, A.M. KHANWILKAR AND DR. D.Y. CHANDRACHUD, JJ.] Constitution of India – Art.32 – Protection of leprosy affected persons and their family …
Supreme Court of India13 Sep 2018Full text
2018 INSC 817 · [2018] 12 S.C.R. 1
29.5.2018 subject to outcome of the writ petition – Subsequently the order dated 29.5.2018 was set aside by Supreme Court by its order dated 4.7.2018 – High Court allowed the writ petition relying on the G.O. dated 31.5.2018 passed by Central Government – On appeal, held : The G.O. dated 31.5.2018 issued by Central Gov…
Supreme Court of India13 Sep 2018Full text
2018 INSC 816 · [2018] 10 S.C.R. 749
749 750 SUPREME COURT REPORTS [2018] 10 S.C.R. A 2.2 “Award” under Item 12 of Schedule I of the Stamp Act, 1899 has remained unchanged till date. In 1899, this “award” would refer only to a decision in writing by an arbitrator or umpire in a reference not made by an order of the Court in the course of a suit. This woul…
Supreme Court of India13 Sep 2018Full text
2018 INSC 814 · [2018] 11 S.C.R. 154
and the petition was of serious nature – High Court should have applied its mind with regard to the correctness of the order – Matter remitted to Chief Judicial Magistrate to consider the withdrawal application in accordance with law. s. 321 – Withdrawal of prosecution – Limit of – Public E Prosecutor has authority to …
Supreme Court of India13 Sep 2018Full text
2018 INSC 814 · [2018] 11 S.C.R. 155
and the petition was of serious nature – High Court should have applied its mind with regard to the correctness of the order – Matter remitted to Chief Judicial Magistrate to consider the withdrawal application in accordance with law. s. 321 – Withdrawal of prosecution – Limit of – Public E Prosecutor has authority to …
Also on Law on Tips: Bare Acts · Legal news and analysis