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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.
1,461–1,480 · Page 74 of 382
Supreme Court of India31 Jul 2018Full text
2018 INSC 655 · [2018] 9 S.C.R. 355
– Order of conviction passed by the trial court, restored. Allowing the appeals, the Court HELD: 1.1 Under Section 139 of the Negotiable Instruments Act, 1881 once a cheque has been signed and H 355 356 SUPREME COURT REPORTS [2018] 9 S.C.R. A issued in favour of the holder, there is statutory presumption that it is iss…
Supreme Court of India31 Jul 2018Full text
2018 INSC 653 · [2018] 9 S.C.R. 374
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.
1,461–1,480 · Page 74 of 382
Supreme Court of India31 Jul 2018Full text
2018 INSC 655 · [2018] 9 S.C.R. 355
– Order of conviction passed by the trial court, restored. Allowing the appeals, the Court HELD: 1.1 Under Section 139 of the Negotiable Instruments Act, 1881 once a cheque has been signed and H 355 356 SUPREME COURT REPORTS [2018] 9 S.C.R. A issued in favour of the holder, there is statutory presumption that it is iss…
Supreme Court of India31 Jul 2018Full text
2018 INSC 653 · [2018] 9 S.C.R. 374
UNION OF INDIA AND ANR. v. SUNIL TRIPATHI 375 R. Balasubramanium, Mullapudi Rambabu, Akshay Amritanshu, A B. V. Balram Das, Ms. Aarti Sharma, Mukesh Kumar Maroria, Advs. for the Appellants. Abhimanue Shrestha, Adv. for the Respondent. Caveator-in-person. B The Judgment of the Court was delivered by A. M. KHANWILKAR, J.…
Supreme Court of India31 Jul 2018Full text
2018 INSC 652 · [2018] 9 S.C.R. 363
Nevertheless, the High Court enhanced the compensation G amount payable to them by invoking power under Order 41 Rule 33 of the Civil Procedure Code (C.P.C.). The Insurance Company has not challenged the said view taken by the High Court as it has already succeeded in getting a finding from the H 363 364 SUPREME COURT …
Supreme Court of India31 Jul 2018Full text
2018 INSC 651 · [2018] 7 S.C.R. 1232
2.1 In Civil Appeal No.6620 of 2008, the High Court has affirmed the findings of facts and the conclusion recorded by the trial court on material issues against the appellant/plaintiff. In C that sense, the subject appeal questions the concurrent finding of fact recorded by the two Courts against the appellant/plaintif…
Supreme Court of India25 Jan 2018Full text
2018 INSC 65 · [2018] 1 S.C.R. 581
adjudication – Since matter is remanded for fresh adjudication, landowners are held entitled to refund of court fee paid by them – Court Fees Act, 1870 – s.13. Disposing of the appeals and remanding the matter to Reference Court, the Court F HELD: 1.1 In the impugned judgment, the High Court essentially based its decis…
Supreme Court of India30 Jul 2018Full text
2018 INSC 649 · [2018] 7 S.C.R. 1169
while refusing registration – As regards the second application, grounds are too trivial and insignificant, and cannot be said to be any valid ground for rejection of the claim – Rejection of registration of PTO for Haj Pilgrimage-2018 set aside and petitioner entitled to compensation of Rs. 5 lakhs – As regards the th…
Supreme Court of India30 Jul 2018Full text
2018 INSC 648 · [2018] 7 S.C.R. 1147
An earlier judgment cannot be overruled sub silentio without upsetting the reasons on which it is based. E Allowing the appeal, the Court HELD: 1.1 Section 34(5) of Arbitration and Conciliation Act, 1996 is a procedural provision, the infraction of which leads to no consequence. The object behind the provision is to di…
Supreme Court of India30 Jul 2018Full text
2018 INSC 646 · [2018] 7 S.C.R. 1191
[2018] 7 S.C.R. 1191 1191 COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI A v. M/S. DILIP KUMAR AND COMPANY & ORS. (Civil Appeal No. 3327 of 2007) JULY 30, 2018 B [RANJAN GOGOI, N. V. RAMANA, R. BANUMATHI, MOHAN M. SHANTANAGOUDAR AND S. ABDUL NAZEER, JJ.] Tax/Taxation: C Exemption Notification – Interpretation of – In case of…
Supreme Court of India27 Jul 2018Full text
2018 INSC 644 · [2018] 9 S.C.R. 349
declaration of deceased not corroborated by medical evidence – In the facts of the case liability cannot be fastened on the respondent-accused (accused Nos. 2 to 9) – In view of medical evidence it is evident that accused No.1 was not having intention to commit murder, but his act was to cause bodily injury which was l…
Supreme Court of India26 Jul 2018Full text
2018 INSC 643 · [2018] 7 S.C.R. 1130
the year 2005-2006 and ordered the respondent to pay inter alia damages for the delayed payments – Respondent filed appeal, which was allowed by Employees Provident Fund Tribunal – Appellant filed writ petition, which was dismissed by Division Bench of the High Court – On appeal, held: Division Bench dismissed the writ…
Supreme Court of India26 Jul 2018Full text
2018 INSC 642 · [2018] 11 S.C.R. 275
modification that registration would not be given in respect of those milk and milk products for which appellant has abandoned its claim – Trade Mark Rules, 2002 – Class 29 and Class 30 under Schedule IV. H 275 276 SUPREME COURT REPORTS [2018] 11 S.C.R. A Allowing the appeals, the Court HELD: Whether the appellant is e…
Supreme Court of India25 Jan 2018Full text
2018 INSC 64 · [2018] 1 S.C.R. 779
D 1.2 There is another issue which needs to be noticed at this juncture. On the same day when regulations pertaining to Minimum Standards and Procedure for the award of M.Phil./Ph.D Degree were published, another regulations were published in the Gazette on the same day i.e. on 11.7.2009, namely, UGC (Minimum Qualifica…
Supreme Court of India25 Jul 2018Full text
2018 INSC 638 · [2018] 7 S.C.R. 1118
F Allowing the appeals, the Court HELD: 1. While determining the true market value of the acquired land especially when the acquired land is a large chunk of undeveloped land, it is just and reasonable to make appropriate deduction towards expenses for development of acquired land. G At what percentage the deduction sh…
Supreme Court of India23 Jul 2018Full text
2018 INSC 637 · [2018] 7 S.C.R. 1128
of s.362 is only to correct a clerical or arithmetical error – However, High Court sought to re-hear the matter on merits – That is impermissible under law. Disposing of the appeal, the Court D HELD: The High Court should not have exercised the power under Section 362 Cr.P.C. for a correction on merits. However patentl…
Supreme Court of India23 Jul 2018Full text
2018 INSC 635 · [2018] 11 S.C.R. 586
holding public meetings, dharnas – Held: Right of people to hold peaceful protests and demonstrations etc. is a fundamental right guaranteed u/Art. 19(1)(a) and 19(1)(b) – Peaceful protests and demonstrations, can be allowed in a guarded and regulated manner, to enable the protestors to exercise their right, ensuring t…
Supreme Court of India23 Jul 2018Full text
2018 INSC 633 · [2018] 7 S.C.R. 1135
– namely, that the two escrow agents were to make decisions only during the period of the transaction and not thereafter. They were “functus officio” after the transaction got completed. Further, the “breaches” that were referred to in Clause 12 refer, inter alia, to an undertaking given by the party of the first part …
Supreme Court of India23 Jul 2018Full text
2018 INSC 629 · [2018] 10 S.C.R. 773
– CERC issued tariff order – Challenged by Corporation before Appellate Tribunal – Tribunal inter alia held that provisions of the D 1948 Act which are not inconsistent with the 2003 Act will continue to hold the field so far as the determination of tariff is concerned – Propriety of – Held: Part IV of the 1948 Act not…
Supreme Court of India20 Jul 2018Full text
2018 INSC 628 · [2018] 6 S.C.R. 597
Magistrate reporting the detention to the State Government on the fifth day, after the detention order – Challenge to, on the ground of failure of the detaining authority to report the detention to State Government ‘forthwith’ as provided u/s. 3(4) – High Court held that as long as the report to the State Government is…
Supreme Court of India20 Jul 2018Full text
2018 INSC 627 · [2018] 6 S.C.R. 593
Disposing of the Interlocutory Application, the Court HELD: There is no reason to disallow the production of F the maps. The evidence of PW 9 is being recorded. Production of the documents by the witness for the Survey of India should be allowed in the interest of justice. The documents were not in the possession of th…
Supreme Court of India20 Jul 2018Full text
2018 INSC 625 · [2018] 6 S.C.R. 648
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5152 of 2017. E From the Judgment and Order dated 21.10.2011 of the High Court of Judicature at Bombay in Writ Petition No. 534 of 1997. Rahul Shyam Bhandari, Ms. Madhu Sweta, Rohit Jain, Ms. Abha R. Sharma, Vinay Navare, Dr. Ravindra Chingale, Ms. Deeplaxmi Matwankar, Ms…
Also on Law on Tips: Bare Acts · Legal news and analysis
UNION OF INDIA AND ANR. v. SUNIL TRIPATHI 375 R. Balasubramanium, Mullapudi Rambabu, Akshay Amritanshu, A B. V. Balram Das, Ms. Aarti Sharma, Mukesh Kumar Maroria, Advs. for the Appellants. Abhimanue Shrestha, Adv. for the Respondent. Caveator-in-person. B The Judgment of the Court was delivered by A. M. KHANWILKAR, J.…
Supreme Court of India31 Jul 2018Full text
2018 INSC 652 · [2018] 9 S.C.R. 363
Nevertheless, the High Court enhanced the compensation G amount payable to them by invoking power under Order 41 Rule 33 of the Civil Procedure Code (C.P.C.). The Insurance Company has not challenged the said view taken by the High Court as it has already succeeded in getting a finding from the H 363 364 SUPREME COURT …
Supreme Court of India31 Jul 2018Full text
2018 INSC 651 · [2018] 7 S.C.R. 1232
2.1 In Civil Appeal No.6620 of 2008, the High Court has affirmed the findings of facts and the conclusion recorded by the trial court on material issues against the appellant/plaintiff. In C that sense, the subject appeal questions the concurrent finding of fact recorded by the two Courts against the appellant/plaintif…
Supreme Court of India25 Jan 2018Full text
2018 INSC 65 · [2018] 1 S.C.R. 581
adjudication – Since matter is remanded for fresh adjudication, landowners are held entitled to refund of court fee paid by them – Court Fees Act, 1870 – s.13. Disposing of the appeals and remanding the matter to Reference Court, the Court F HELD: 1.1 In the impugned judgment, the High Court essentially based its decis…
Supreme Court of India30 Jul 2018Full text
2018 INSC 649 · [2018] 7 S.C.R. 1169
while refusing registration – As regards the second application, grounds are too trivial and insignificant, and cannot be said to be any valid ground for rejection of the claim – Rejection of registration of PTO for Haj Pilgrimage-2018 set aside and petitioner entitled to compensation of Rs. 5 lakhs – As regards the th…
Supreme Court of India30 Jul 2018Full text
2018 INSC 648 · [2018] 7 S.C.R. 1147
An earlier judgment cannot be overruled sub silentio without upsetting the reasons on which it is based. E Allowing the appeal, the Court HELD: 1.1 Section 34(5) of Arbitration and Conciliation Act, 1996 is a procedural provision, the infraction of which leads to no consequence. The object behind the provision is to di…
Supreme Court of India30 Jul 2018Full text
2018 INSC 646 · [2018] 7 S.C.R. 1191
[2018] 7 S.C.R. 1191 1191 COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI A v. M/S. DILIP KUMAR AND COMPANY & ORS. (Civil Appeal No. 3327 of 2007) JULY 30, 2018 B [RANJAN GOGOI, N. V. RAMANA, R. BANUMATHI, MOHAN M. SHANTANAGOUDAR AND S. ABDUL NAZEER, JJ.] Tax/Taxation: C Exemption Notification – Interpretation of – In case of…
Supreme Court of India27 Jul 2018Full text
2018 INSC 644 · [2018] 9 S.C.R. 349
declaration of deceased not corroborated by medical evidence – In the facts of the case liability cannot be fastened on the respondent-accused (accused Nos. 2 to 9) – In view of medical evidence it is evident that accused No.1 was not having intention to commit murder, but his act was to cause bodily injury which was l…
Supreme Court of India26 Jul 2018Full text
2018 INSC 643 · [2018] 7 S.C.R. 1130
the year 2005-2006 and ordered the respondent to pay inter alia damages for the delayed payments – Respondent filed appeal, which was allowed by Employees Provident Fund Tribunal – Appellant filed writ petition, which was dismissed by Division Bench of the High Court – On appeal, held: Division Bench dismissed the writ…
Supreme Court of India26 Jul 2018Full text
2018 INSC 642 · [2018] 11 S.C.R. 275
modification that registration would not be given in respect of those milk and milk products for which appellant has abandoned its claim – Trade Mark Rules, 2002 – Class 29 and Class 30 under Schedule IV. H 275 276 SUPREME COURT REPORTS [2018] 11 S.C.R. A Allowing the appeals, the Court HELD: Whether the appellant is e…
Supreme Court of India25 Jan 2018Full text
2018 INSC 64 · [2018] 1 S.C.R. 779
D 1.2 There is another issue which needs to be noticed at this juncture. On the same day when regulations pertaining to Minimum Standards and Procedure for the award of M.Phil./Ph.D Degree were published, another regulations were published in the Gazette on the same day i.e. on 11.7.2009, namely, UGC (Minimum Qualifica…
Supreme Court of India25 Jul 2018Full text
2018 INSC 638 · [2018] 7 S.C.R. 1118
F Allowing the appeals, the Court HELD: 1. While determining the true market value of the acquired land especially when the acquired land is a large chunk of undeveloped land, it is just and reasonable to make appropriate deduction towards expenses for development of acquired land. G At what percentage the deduction sh…
Supreme Court of India23 Jul 2018Full text
2018 INSC 637 · [2018] 7 S.C.R. 1128
of s.362 is only to correct a clerical or arithmetical error – However, High Court sought to re-hear the matter on merits – That is impermissible under law. Disposing of the appeal, the Court D HELD: The High Court should not have exercised the power under Section 362 Cr.P.C. for a correction on merits. However patentl…
Supreme Court of India23 Jul 2018Full text
2018 INSC 635 · [2018] 11 S.C.R. 586
holding public meetings, dharnas – Held: Right of people to hold peaceful protests and demonstrations etc. is a fundamental right guaranteed u/Art. 19(1)(a) and 19(1)(b) – Peaceful protests and demonstrations, can be allowed in a guarded and regulated manner, to enable the protestors to exercise their right, ensuring t…
Supreme Court of India23 Jul 2018Full text
2018 INSC 633 · [2018] 7 S.C.R. 1135
– namely, that the two escrow agents were to make decisions only during the period of the transaction and not thereafter. They were “functus officio” after the transaction got completed. Further, the “breaches” that were referred to in Clause 12 refer, inter alia, to an undertaking given by the party of the first part …
Supreme Court of India23 Jul 2018Full text
2018 INSC 629 · [2018] 10 S.C.R. 773
– CERC issued tariff order – Challenged by Corporation before Appellate Tribunal – Tribunal inter alia held that provisions of the D 1948 Act which are not inconsistent with the 2003 Act will continue to hold the field so far as the determination of tariff is concerned – Propriety of – Held: Part IV of the 1948 Act not…
Supreme Court of India20 Jul 2018Full text
2018 INSC 628 · [2018] 6 S.C.R. 597
Magistrate reporting the detention to the State Government on the fifth day, after the detention order – Challenge to, on the ground of failure of the detaining authority to report the detention to State Government ‘forthwith’ as provided u/s. 3(4) – High Court held that as long as the report to the State Government is…
Supreme Court of India20 Jul 2018Full text
2018 INSC 627 · [2018] 6 S.C.R. 593
Disposing of the Interlocutory Application, the Court HELD: There is no reason to disallow the production of F the maps. The evidence of PW 9 is being recorded. Production of the documents by the witness for the Survey of India should be allowed in the interest of justice. The documents were not in the possession of th…
Supreme Court of India20 Jul 2018Full text
2018 INSC 625 · [2018] 6 S.C.R. 648
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5152 of 2017. E From the Judgment and Order dated 21.10.2011 of the High Court of Judicature at Bombay in Writ Petition No. 534 of 1997. Rahul Shyam Bhandari, Ms. Madhu Sweta, Rohit Jain, Ms. Abha R. Sharma, Vinay Navare, Dr. Ravindra Chingale, Ms. Deeplaxmi Matwankar, Ms…
Also on Law on Tips: Bare Acts · Legal news and analysis