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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.
1,361–1,380 · Page 69 of 382
Supreme Court of India13 Sep 2018Full text
2018 INSC 813 · [2018] 11 S.C.R. 166
WITH Criminal Appeal No. 1901 of 2008. Sanjay Jain, Saleem, S. S. Rawat, Advs. for the Appellant. C Shubharanshu Padhi, Ms. Mamta Singh for Ms. Hemantika Wahi, Advs. for the Respondent. The Judgment of the Court was delivered by S. A. BOBDE, J. 1. The appellants in these appeals are Salim DShamsuddin Shaikh in Criminal…
Supreme Court of India13 Sep 2018Full text
2018 INSC 812 · [2018] 11 S.C.R. 504
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.
1,361–1,380 · Page 69 of 382
Supreme Court of India13 Sep 2018Full text
2018 INSC 813 · [2018] 11 S.C.R. 166
WITH Criminal Appeal No. 1901 of 2008. Sanjay Jain, Saleem, S. S. Rawat, Advs. for the Appellant. C Shubharanshu Padhi, Ms. Mamta Singh for Ms. Hemantika Wahi, Advs. for the Respondent. The Judgment of the Court was delivered by S. A. BOBDE, J. 1. The appellants in these appeals are Salim DShamsuddin Shaikh in Criminal…
Supreme Court of India13 Sep 2018Full text
2018 INSC 812 · [2018] 11 S.C.R. 504
[1959] 2 Suppl. SCR 217 ; Municipal Corporation of F Greater Bombay v. Dr Hakimwadi Tenants’ Association (1988) Suppl. SCC 55 : [1988] 2 SCR 21 ; P. Dasa Muni Reddy v. P. Appa Rao (1974) 2 SCC 725 – referred to. Case Law Reference G [1959] 2 Suppl. SCR 217 referred to Para 21 [1988] 2 SCR 21 referred to Para 22 (1974) …
Supreme Court of India12 Sep 2018Full text
2018 INSC 810 · [2018] 10 S.C.R. 213
orders of the Court – Held: The impugned Ordinance is clear entrenchment upon the field of judicial review which is reserved for judiciary – Provisions in the Ordinance were in violation of the doctrine of separation of powers enshrined under Art. 50 – Ordinance is not only impermissible and beyond legislative competen…
Supreme Court of India31 Jan 2018Full text
2018 INSC 81 · [2018] 1 S.C.R. 695
further confirmed in Special appeal and also in Review petition – On appeal, held: Advertisement cannot be read to mean providing for graduate in Psychology with L.T./B.T.B.Ed.– A harmonious reading may mean that a person graduate in Psychology or L.T./ B.T.B.Ed. with Psychology is eligible – Service Rules provide that…
Supreme Court of India12 Sep 2018Full text
2018 INSC 809 · [2018] 11 S.C.R. 650
WITH D Criminal Appeal No. 1581 of 2011. Ms. Malini Poduval, Ms. Babita Sant, P. B. Suresh, Vipin Nair, Vikrant Yadav, Anshumaan Bahadur, Karthik Jayashankar, Advs. for the appellant. E M. Yogesh Kanna, S. Partha Sarathi, Advs. for the respondent. The Judgment of the Court was delivered by R. BANUMATHI, J. 1. These app…
Supreme Court of India11 Sep 2018Full text
2018 INSC 806 · [2018] 13 S.C.R. 352
C Allowing the appeal, the Court HELD: 1. On a conjoint reading of the Request For Proposal (RFP) clauses, a few things become clear - (i) first and foremost a Disclaimer at the forefront of the RFP makes it clear that there is only a bid process that is going on between the parties and that Dthere is no concluded cont…
Supreme Court of India11 Sep 2018Full text
2018 INSC 804 · [2018] 11 S.C.R. 384
384 M.C. MEHTA v. UNION OF INDIA & ORS. 385 PLP Act must be treated as ‘forest’ and ‘forest land’ and has in fact A been so treated for several decades by the State – Construction activity carried out by the applicant was clearly in violation of the Notification dated 18.8.1992 and in blatant defiance of orders passed …
Supreme Court of India11 Sep 2018Full text
2018 INSC 802 · [2018] 9 S.C.R. 430
Allowing the appeal, the Court G HELD: 1.1 Keeping in view the scope and ambit of the powers of the High Court while deciding the second appeal, the High Court committed an error in allowing the defendants’ second H 430 NARAYANA GRAMANI & ORS. v. MARIAMMAL & ORS. 431 appeal and further erred in dismissing the plaintiff…
Supreme Court of India7 Sep 2018Full text
2018 INSC 799 · [2018] 12 S.C.R. 885
[2018] 12 S.C.R. 885 885 MAQBOOL A v. THE STATE OF UTTAR PRADESH AND ANOTHER (Criminal Appeal No. 1143 of 2018) SEPTEMBER 07, 2018 B [KURIAN JOSEPH AND SANJAY KISHAN KAUL, JJ.] Penal Code, 1860 – ss.326A and 326B – Offence under, whether attracted, if the injury in an acid attack is simple – Plea of appellant for disch…
Supreme Court of India7 Sep 2018Full text
2018 INSC 798 · [2018] 11 S.C.R. 141
H 141 142 SUPREME COURT REPORTS [2018] 11 S.C.R. A Allowing the appeals, the Court HELD: 1.1 On perusal of the resolution dated 02.07.2016, Government letter dated 26.06.2018 and the letter dated 14.11.2017 of the Commissioner and further keeping in view the relevant provisions of the Karnataka Act, the appeals filed b…
Supreme Court of India7 Sep 2018Full text
2018 INSC 797 · [2018] 11 S.C.R. 39
Substitution of a provision – Effect of – Held: Whenever the legislature uses the word ‘substitution’, it has the effect of deleting the old provision and make the new provision operative – The words G‘substitution’ can be construed as an ‘amendment’, if it is found that legislature intended otherwise. Words and Phrase…
Supreme Court of India7 Sep 2018Full text
2018 INSC 796 · [2018] 13 S.C.R. 313
recruitment of ministerial staff etc. and as such the DoPT could not have issued binding circulars upon Railways – Furthermore, IREM have statutory force as they are issued in exercise of powers vested under the proviso to Art.309 of the Constitution – The action of Railways in amending rules and bringing them in line …
Supreme Court of India6 Sep 2018Full text
2018 INSC 795 · [2018] 11 S.C.R. 28
administered to the personnel, they are duty bound to serve wherever they are ordered to – Matters of transfer should be left to the discretion of competent authority – To accept the plea of the petitioners on the basis of finding in Lt. Col. P.K. Choudhary case, would be to disturb the entire structure and operations …
Supreme Court of India31 Jan 2018Full text
2018 INSC 79 · [2018] 1 S.C.R. 502
502 SUPREME COURT[2018]REPORTS1 S.C.R. 502 [2018] 1 S.C.R. A COMMISSIONER OF INCOME TAX 5 MUMBAI v. M/S. ESSAR TELEHOLDINGS LTD. THROUGH ITS MANAGER (Civil Appeal No. 2165 of 2012) B JANUARY 31, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Income Tax Rules, 1962 – r.8D – Said rule providing for machinery to give effect to…
Supreme Court of India5 Sep 2018Full text
2018 INSC 786 · [2018] 11 S.C.R. 150
1.4 Though the stick wielded by the appellant has been marked as MO1, there is no material to show that the stick that was wielded by the appellant was a dangerous weapon. In the Dabsence of such evidence, the conviction of the appellant under Section 326 may not be warranted; but the offence would fall under Section 3…
Supreme Court of India5 Sep 2018Full text
2018 INSC 784 · [2018] 11 S.C.R. 1
– Writer should have free play with words – Passion of imagination E cannot be directed – Final publication must not run counter to law but the application of the rigours of law has to also remain alive to the various aspects – On facts, character of ‘Meesha’ as has been projected shows the myriad experiences with diff…
Supreme Court of India5 Sep 2018Full text
2018 INSC 783 · [2018] 11 S.C.R. 374
custody in connection with FIR – Further, writ petition was filed without challenging the order of the Magistrate – It was not a case of continued illegal detention but the incumbent was in judicial custody by virtue of an order passed by the jurisdictional Magistrate, which was in force, granting police remand during …
Supreme Court of India5 Sep 2018Full text
2018 INSC 782 · [2018] 10 S.C.R. 656
F Dismissing the appeal, the Court HELD: 1.1 The appellant had refused/avoided to receive the notice personally and hence it was sent by post. The High Court also found that the appellant had failed to produce any material on record to show that the notice was dispatched after G the 17th day and that on the appellant’s…
Supreme Court of India5 Sep 2018Full text
2018 INSC 781 · [2018] 10 S.C.R. 649
Disposing of the appeals, the Court G HELD: 1. The High Court rightly found in favour of respondent No.2 (insurer) that the appellant travelled in the tractor as a passenger which was in breach of the policy condition, for the tractor was insured for agriculture purposes and not for carrying goods. The evidence on reco…
Supreme Court of India5 Sep 2018Full text
2018 INSC 780 · [2018] 10 S.C.R. 731
[2018] 10 S.C.R. 731 731 S. K. RAJU @ ABDUL HAQUE @ JAGGA A v. STATE OF WEST BENGAL (Criminal Appeal No. 459 of 2017) SEPTEMBER 05, 2018 B [DIPAK MISRA, CJI, DR. D. Y. CHANDRACHUD AND INDIRA BANERJEE, JJ.] Narcotic Drugs and Psychotropic Substances Act, 1985 – s.20(b)(ii)(c) – Recovery of 1.5 kgs of Charas from accused…
Also on Law on Tips: Bare Acts · Legal news and analysis
[1959] 2 Suppl. SCR 217 ; Municipal Corporation of F Greater Bombay v. Dr Hakimwadi Tenants’ Association (1988) Suppl. SCC 55 : [1988] 2 SCR 21 ; P. Dasa Muni Reddy v. P. Appa Rao (1974) 2 SCC 725 – referred to. Case Law Reference G [1959] 2 Suppl. SCR 217 referred to Para 21 [1988] 2 SCR 21 referred to Para 22 (1974) …
Supreme Court of India12 Sep 2018Full text
2018 INSC 810 · [2018] 10 S.C.R. 213
orders of the Court – Held: The impugned Ordinance is clear entrenchment upon the field of judicial review which is reserved for judiciary – Provisions in the Ordinance were in violation of the doctrine of separation of powers enshrined under Art. 50 – Ordinance is not only impermissible and beyond legislative competen…
Supreme Court of India31 Jan 2018Full text
2018 INSC 81 · [2018] 1 S.C.R. 695
further confirmed in Special appeal and also in Review petition – On appeal, held: Advertisement cannot be read to mean providing for graduate in Psychology with L.T./B.T.B.Ed.– A harmonious reading may mean that a person graduate in Psychology or L.T./ B.T.B.Ed. with Psychology is eligible – Service Rules provide that…
Supreme Court of India12 Sep 2018Full text
2018 INSC 809 · [2018] 11 S.C.R. 650
WITH D Criminal Appeal No. 1581 of 2011. Ms. Malini Poduval, Ms. Babita Sant, P. B. Suresh, Vipin Nair, Vikrant Yadav, Anshumaan Bahadur, Karthik Jayashankar, Advs. for the appellant. E M. Yogesh Kanna, S. Partha Sarathi, Advs. for the respondent. The Judgment of the Court was delivered by R. BANUMATHI, J. 1. These app…
Supreme Court of India11 Sep 2018Full text
2018 INSC 806 · [2018] 13 S.C.R. 352
C Allowing the appeal, the Court HELD: 1. On a conjoint reading of the Request For Proposal (RFP) clauses, a few things become clear - (i) first and foremost a Disclaimer at the forefront of the RFP makes it clear that there is only a bid process that is going on between the parties and that Dthere is no concluded cont…
Supreme Court of India11 Sep 2018Full text
2018 INSC 804 · [2018] 11 S.C.R. 384
384 M.C. MEHTA v. UNION OF INDIA & ORS. 385 PLP Act must be treated as ‘forest’ and ‘forest land’ and has in fact A been so treated for several decades by the State – Construction activity carried out by the applicant was clearly in violation of the Notification dated 18.8.1992 and in blatant defiance of orders passed …
Supreme Court of India11 Sep 2018Full text
2018 INSC 802 · [2018] 9 S.C.R. 430
Allowing the appeal, the Court G HELD: 1.1 Keeping in view the scope and ambit of the powers of the High Court while deciding the second appeal, the High Court committed an error in allowing the defendants’ second H 430 NARAYANA GRAMANI & ORS. v. MARIAMMAL & ORS. 431 appeal and further erred in dismissing the plaintiff…
Supreme Court of India7 Sep 2018Full text
2018 INSC 799 · [2018] 12 S.C.R. 885
[2018] 12 S.C.R. 885 885 MAQBOOL A v. THE STATE OF UTTAR PRADESH AND ANOTHER (Criminal Appeal No. 1143 of 2018) SEPTEMBER 07, 2018 B [KURIAN JOSEPH AND SANJAY KISHAN KAUL, JJ.] Penal Code, 1860 – ss.326A and 326B – Offence under, whether attracted, if the injury in an acid attack is simple – Plea of appellant for disch…
Supreme Court of India7 Sep 2018Full text
2018 INSC 798 · [2018] 11 S.C.R. 141
H 141 142 SUPREME COURT REPORTS [2018] 11 S.C.R. A Allowing the appeals, the Court HELD: 1.1 On perusal of the resolution dated 02.07.2016, Government letter dated 26.06.2018 and the letter dated 14.11.2017 of the Commissioner and further keeping in view the relevant provisions of the Karnataka Act, the appeals filed b…
Supreme Court of India7 Sep 2018Full text
2018 INSC 797 · [2018] 11 S.C.R. 39
Substitution of a provision – Effect of – Held: Whenever the legislature uses the word ‘substitution’, it has the effect of deleting the old provision and make the new provision operative – The words G‘substitution’ can be construed as an ‘amendment’, if it is found that legislature intended otherwise. Words and Phrase…
Supreme Court of India7 Sep 2018Full text
2018 INSC 796 · [2018] 13 S.C.R. 313
recruitment of ministerial staff etc. and as such the DoPT could not have issued binding circulars upon Railways – Furthermore, IREM have statutory force as they are issued in exercise of powers vested under the proviso to Art.309 of the Constitution – The action of Railways in amending rules and bringing them in line …
Supreme Court of India6 Sep 2018Full text
2018 INSC 795 · [2018] 11 S.C.R. 28
administered to the personnel, they are duty bound to serve wherever they are ordered to – Matters of transfer should be left to the discretion of competent authority – To accept the plea of the petitioners on the basis of finding in Lt. Col. P.K. Choudhary case, would be to disturb the entire structure and operations …
Supreme Court of India31 Jan 2018Full text
2018 INSC 79 · [2018] 1 S.C.R. 502
502 SUPREME COURT[2018]REPORTS1 S.C.R. 502 [2018] 1 S.C.R. A COMMISSIONER OF INCOME TAX 5 MUMBAI v. M/S. ESSAR TELEHOLDINGS LTD. THROUGH ITS MANAGER (Civil Appeal No. 2165 of 2012) B JANUARY 31, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Income Tax Rules, 1962 – r.8D – Said rule providing for machinery to give effect to…
Supreme Court of India5 Sep 2018Full text
2018 INSC 786 · [2018] 11 S.C.R. 150
1.4 Though the stick wielded by the appellant has been marked as MO1, there is no material to show that the stick that was wielded by the appellant was a dangerous weapon. In the Dabsence of such evidence, the conviction of the appellant under Section 326 may not be warranted; but the offence would fall under Section 3…
Supreme Court of India5 Sep 2018Full text
2018 INSC 784 · [2018] 11 S.C.R. 1
– Writer should have free play with words – Passion of imagination E cannot be directed – Final publication must not run counter to law but the application of the rigours of law has to also remain alive to the various aspects – On facts, character of ‘Meesha’ as has been projected shows the myriad experiences with diff…
Supreme Court of India5 Sep 2018Full text
2018 INSC 783 · [2018] 11 S.C.R. 374
custody in connection with FIR – Further, writ petition was filed without challenging the order of the Magistrate – It was not a case of continued illegal detention but the incumbent was in judicial custody by virtue of an order passed by the jurisdictional Magistrate, which was in force, granting police remand during …
Supreme Court of India5 Sep 2018Full text
2018 INSC 782 · [2018] 10 S.C.R. 656
F Dismissing the appeal, the Court HELD: 1.1 The appellant had refused/avoided to receive the notice personally and hence it was sent by post. The High Court also found that the appellant had failed to produce any material on record to show that the notice was dispatched after G the 17th day and that on the appellant’s…
Supreme Court of India5 Sep 2018Full text
2018 INSC 781 · [2018] 10 S.C.R. 649
Disposing of the appeals, the Court G HELD: 1. The High Court rightly found in favour of respondent No.2 (insurer) that the appellant travelled in the tractor as a passenger which was in breach of the policy condition, for the tractor was insured for agriculture purposes and not for carrying goods. The evidence on reco…
Supreme Court of India5 Sep 2018Full text
2018 INSC 780 · [2018] 10 S.C.R. 731
[2018] 10 S.C.R. 731 731 S. K. RAJU @ ABDUL HAQUE @ JAGGA A v. STATE OF WEST BENGAL (Criminal Appeal No. 459 of 2017) SEPTEMBER 05, 2018 B [DIPAK MISRA, CJI, DR. D. Y. CHANDRACHUD AND INDIRA BANERJEE, JJ.] Narcotic Drugs and Psychotropic Substances Act, 1985 – s.20(b)(ii)(c) – Recovery of 1.5 kgs of Charas from accused…
Also on Law on Tips: Bare Acts · Legal news and analysis