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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.
1,481–1,500 · Page 75 of 382
Supreme Court of India20 Jul 2018Full text
2018 INSC 623 · [2018] 6 S.C.R. 618
1.2 In the instant case, clause 16 of the General Conditions of Contract only speaks of any delay in payment not making ONGC H 620 SUPREME COURT REPORTS [2018] 6 S.C.R. A liable for interest. There is nothing in this clause which refers even obliquely to the Arbitrator’s power to grant interest. This Court finds that t…
Supreme Court of India20 Jul 2018Full text
2018 INSC 622 · [2018] 11 S.C.R. 546
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.
1,481–1,500 · Page 75 of 382
Supreme Court of India20 Jul 2018Full text
2018 INSC 623 · [2018] 6 S.C.R. 618
1.2 In the instant case, clause 16 of the General Conditions of Contract only speaks of any delay in payment not making ONGC H 620 SUPREME COURT REPORTS [2018] 6 S.C.R. A liable for interest. There is nothing in this clause which refers even obliquely to the Arbitrator’s power to grant interest. This Court finds that t…
Supreme Court of India20 Jul 2018Full text
2018 INSC 622 · [2018] 11 S.C.R. 546
child – On facts, there is no compelling reason to direct return of the minor child to the US nor is her stay in the company of her mother (appellant), along with maternal grand-parents and extended family at New Delhi, prejudicial to her in any manner, warranting her return to the US – Instead of directing the biologi…
Supreme Court of India20 Jul 2018Full text
2018 INSC 621 · [2018] 6 S.C.R. 607
607 608 SUPREME COURT REPORTS [2018] 6 S.C.R. A is allowed on the said amount at 9 per cent per annum from the date of the petition until payment. [Paras 6-8][609-D-F; 610-A-B] *National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680 – referred to. B Case Law Reference (2017) 16 SCC 680 referred to Para 6 CIV…
Supreme Court of India25 Jan 2018Full text
2018 INSC 62 · [2018] 1 S.C.R. 353
Allowing the appeal, the Court HELD: 1.1 On perusal of the pleadings, it is clear that the Gtwo applications filed by the appellant(plaintiff) under Or.6, r.17 and Or.7, r.14 should have been allowed and he should have been permitted to amend the plaint and file the additional documents. [Para 17][357-C] 1.2 It is for …
Supreme Court of India17 Jul 2018Full text
2018 INSC 618 · [2018] 7 S.C.R. 1112
F Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558 : [2006] 3 SCR 53 ; Sanghamitra Ghosh v. Kajal Kumar Ghosh (2007) 2 SCC 220 : [2006] 9 Suppl. SCR 156 – referred to. Case Law Reference G [2006] 3 SCR 53 referred to Para 13 [2006] 9 Suppl. SCR 156 referred to Para 14 H 1112 USHA UDAY KHIWANSARA v. UDAY KUMAR 1113 JETHAMAL…
Supreme Court of India17 Jul 2018Full text
2018 INSC 617 · [2018] 9 S.C.R. 291
perception, does not take place, else it would usher in anarchy, chaos, disorder – Thus, vigilantism cannot be allowed – Lynching is an affront to the rule of law and to the exalted values of the Constitution itself – Steps to be taken at every stage for implementation of law are extremely important – Hence, the guidel…
Supreme Court of India17 Jul 2018Full text
2018 INSC 615 · [2018] 10 S.C.R. 1
Hospitals) Regulations, 2013, Central Government has the power to appoint a team of Inspectors – On appeal, held: It is only the Central Council which is empowered to appoint a team of Inspectors u/s. 17 and Visitors for the examination u/s. 18 for making recommendation to the Central Government on the basis of report …
Supreme Court of India17 Jul 2018Full text
2018 INSC 613 · [2018] 9 S.C.R. 329
Allowing the appeals, the Court HELD: 1.1 It is well-settled that to establish the offence under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 particularly those relating to the trap cases, the Gprosecution has to establish the existence of demand as well as acceptance by the public servant. [Para 8…
Supreme Court of India13 Jul 2018Full text
2018 INSC 611 · [2018] 12 S.C.R. 1027
[2018] 12 S.C.R. 1027 1027 M. AAMIRA FATHIMA AND OTHERS A v. ANNAMALAI UNIVERSITY AND OTHERS (Civil Appeal No. 6654 of 2018) JULY 13, 2018 B [ARUN MISHRA AND UDAY UMESH LALIT, JJ.] Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation fee) Act, 1992 – ss.2(b)(I), 2(b)(II) and 4(2-A) – Respondent …
Supreme Court of India25 Jan 2018Full text
2018 INSC 61 · [2018] 1 S.C.R. 262
Thomas P. Joseph, Sr. Adv., V. Sreedha Reddy, Abhijit Sengupta, Jayant Muthraj, C. K. Sasi, Advs. for the Respondents. E The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is filed by the plaintiffs against the final judgment and order dated 05.11.2014 passed by the High…
Supreme Court of India13 Jul 2018Full text
2018 INSC 609 · [2018] 9 S.C.R. 1024
Tribunal allowed the application – Appeal filed by appellant before the High Court, dismissed – Plea of appellant that the respondent cannot be permitted to exercise Right Of First Refusal (ROFR) without participating in the bidding process – On appeal, held: Right of the respondent to match the bid of L-1 or to exerci…
Supreme Court of India12 Jul 2018Full text
2018 INSC 602 · [2018] 6 S.C.R. 967
Dismissing the appeal, the Court F HELD: 1.1 The appellant is the registered owner of the label mark in Class-30 in respect of rice, flour and preparations made from cereals, bread, cakes, biscuits, pastry and spices. Class-30 of the classification of goods and services under the statute covers diverse spices and other…
Supreme Court of India25 Jan 2018Full text
2018 INSC 60 · [2018] 1 S.C.R. 347
5. Since the plaintiff was not a party to the compromise decree dated 25.01.1997 passed in OS No.7266 of 1996, it was not binding on her. Once the Will dated 12.03.1980 is held proved, in accordance with law, the the plaintiff becomes entitled to claim a declaration in her favour that she is the owner of the properties…
Supreme Court of India8 Jan 2018Full text
2018 INSC 6 · [2018] 1 S.C.R. 126
B Or.XXXII, rr.1 and 3 - ‘Next friend’ and ‘Guardian-ad-Litem’ – Distinction between – Discussed – Hindu Guardianship Act, 1956. Allowing the appeal and remitting the matter to High Court, the Court C HELD: 1. Plaintiff no.1 did not and does not come within the meaning of a “Guardian” as specified in sub-section (b) of…
Supreme Court of India11 Jul 2018Full text
2018 INSC 599 · [2018] 9 S.C.R. 281
– Submarine Pay was includible in “pay”, for the purposes of computing the Service Pension of the appellants– Order passed by AFT set aside– Armed Forces Tribunal Act, 2007 – Navy(Pension) Regulations,1964 – Regulations 86 and 84. Allowing the appeal, the Court G HELD: 1.1 Section I of Chapter III of the Navy (Pension)…
Supreme Court of India10 Jul 2018Full text
2018 INSC 594 · [2018] 9 S.C.R. 267
267 268 SUPREME COURT REPORTS [2018] 9 S.C.R. A a duty is cast upon the High Court to re-appreciate the evidence – As observed by the High Court, the trial court gave importance to insignificant aspects like “smearing of the thighs and legs of the body with mud” and the conduct of the witnesses as to why they have not …
Supreme Court of India9 Jul 2018Full text
2018 INSC 593 · [2018] 7 S.C.R. 939
allotted land by L&DO to strictly follow policy of providing free treatment to economically weaker sections – Respondent-hospitals, since were not party in the Social Jurists case, challenged the conditions imposed by the Government of NCT of Delhi and L&DO – High Court quashed the orders passed by Govt. of NCT of Delh…
Supreme Court of India9 Jul 2018Full text
2018 INSC 591 · [2018] 7 S.C.R. 919
2. The submission made by petitioners attacking the evidence of PW-1 sole eye-witness, who was also injured in the incident need not to be considered in these review petitions. All submissions impeaching evidence of PW-1 were made when the H 919 920 SUPREME COURT REPORTS [2018] 7 S.C.R. A appeals were heard on merit. T…
Supreme Court of India9 Jul 2018Full text
2018 INSC 590 · [2018] 7 S.C.R. 898
Review – Power of the Supreme Court – Held: The power of review of the Supreme Court as envisaged u/Art.137 of the Constitution is no doubt wider than review jurisdiction conferred by other statutes on the Court – Art.137 empowers the Supreme G Court to review any judgment pronounced or made, subject, of course, to the…
Supreme Court of India25 Jan 2018Full text
2018 INSC 59 · [2018] 1 S.C.R. 267
Dismissing the appeal, the Court HELD: 1. In the first place, the High Court convicted four F accused persons under Section 325 read with section 34 IPC and not under Section 307 IPC. This finding of the High Court is based on proper appreciation of entire prosecution evidence and there is no find any reason to disturb…
Also on Law on Tips: Bare Acts · Legal news and analysis
child – On facts, there is no compelling reason to direct return of the minor child to the US nor is her stay in the company of her mother (appellant), along with maternal grand-parents and extended family at New Delhi, prejudicial to her in any manner, warranting her return to the US – Instead of directing the biologi…
Supreme Court of India20 Jul 2018Full text
2018 INSC 621 · [2018] 6 S.C.R. 607
607 608 SUPREME COURT REPORTS [2018] 6 S.C.R. A is allowed on the said amount at 9 per cent per annum from the date of the petition until payment. [Paras 6-8][609-D-F; 610-A-B] *National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680 – referred to. B Case Law Reference (2017) 16 SCC 680 referred to Para 6 CIV…
Supreme Court of India25 Jan 2018Full text
2018 INSC 62 · [2018] 1 S.C.R. 353
Allowing the appeal, the Court HELD: 1.1 On perusal of the pleadings, it is clear that the Gtwo applications filed by the appellant(plaintiff) under Or.6, r.17 and Or.7, r.14 should have been allowed and he should have been permitted to amend the plaint and file the additional documents. [Para 17][357-C] 1.2 It is for …
Supreme Court of India17 Jul 2018Full text
2018 INSC 618 · [2018] 7 S.C.R. 1112
F Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558 : [2006] 3 SCR 53 ; Sanghamitra Ghosh v. Kajal Kumar Ghosh (2007) 2 SCC 220 : [2006] 9 Suppl. SCR 156 – referred to. Case Law Reference G [2006] 3 SCR 53 referred to Para 13 [2006] 9 Suppl. SCR 156 referred to Para 14 H 1112 USHA UDAY KHIWANSARA v. UDAY KUMAR 1113 JETHAMAL…
Supreme Court of India17 Jul 2018Full text
2018 INSC 617 · [2018] 9 S.C.R. 291
perception, does not take place, else it would usher in anarchy, chaos, disorder – Thus, vigilantism cannot be allowed – Lynching is an affront to the rule of law and to the exalted values of the Constitution itself – Steps to be taken at every stage for implementation of law are extremely important – Hence, the guidel…
Supreme Court of India17 Jul 2018Full text
2018 INSC 615 · [2018] 10 S.C.R. 1
Hospitals) Regulations, 2013, Central Government has the power to appoint a team of Inspectors – On appeal, held: It is only the Central Council which is empowered to appoint a team of Inspectors u/s. 17 and Visitors for the examination u/s. 18 for making recommendation to the Central Government on the basis of report …
Supreme Court of India17 Jul 2018Full text
2018 INSC 613 · [2018] 9 S.C.R. 329
Allowing the appeals, the Court HELD: 1.1 It is well-settled that to establish the offence under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 particularly those relating to the trap cases, the Gprosecution has to establish the existence of demand as well as acceptance by the public servant. [Para 8…
Supreme Court of India13 Jul 2018Full text
2018 INSC 611 · [2018] 12 S.C.R. 1027
[2018] 12 S.C.R. 1027 1027 M. AAMIRA FATHIMA AND OTHERS A v. ANNAMALAI UNIVERSITY AND OTHERS (Civil Appeal No. 6654 of 2018) JULY 13, 2018 B [ARUN MISHRA AND UDAY UMESH LALIT, JJ.] Tamil Nadu Educational Institutions (Prohibition of Collection of Capitation fee) Act, 1992 – ss.2(b)(I), 2(b)(II) and 4(2-A) – Respondent …
Supreme Court of India25 Jan 2018Full text
2018 INSC 61 · [2018] 1 S.C.R. 262
Thomas P. Joseph, Sr. Adv., V. Sreedha Reddy, Abhijit Sengupta, Jayant Muthraj, C. K. Sasi, Advs. for the Respondents. E The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is filed by the plaintiffs against the final judgment and order dated 05.11.2014 passed by the High…
Supreme Court of India13 Jul 2018Full text
2018 INSC 609 · [2018] 9 S.C.R. 1024
Tribunal allowed the application – Appeal filed by appellant before the High Court, dismissed – Plea of appellant that the respondent cannot be permitted to exercise Right Of First Refusal (ROFR) without participating in the bidding process – On appeal, held: Right of the respondent to match the bid of L-1 or to exerci…
Supreme Court of India12 Jul 2018Full text
2018 INSC 602 · [2018] 6 S.C.R. 967
Dismissing the appeal, the Court F HELD: 1.1 The appellant is the registered owner of the label mark in Class-30 in respect of rice, flour and preparations made from cereals, bread, cakes, biscuits, pastry and spices. Class-30 of the classification of goods and services under the statute covers diverse spices and other…
Supreme Court of India25 Jan 2018Full text
2018 INSC 60 · [2018] 1 S.C.R. 347
5. Since the plaintiff was not a party to the compromise decree dated 25.01.1997 passed in OS No.7266 of 1996, it was not binding on her. Once the Will dated 12.03.1980 is held proved, in accordance with law, the the plaintiff becomes entitled to claim a declaration in her favour that she is the owner of the properties…
Supreme Court of India8 Jan 2018Full text
2018 INSC 6 · [2018] 1 S.C.R. 126
B Or.XXXII, rr.1 and 3 - ‘Next friend’ and ‘Guardian-ad-Litem’ – Distinction between – Discussed – Hindu Guardianship Act, 1956. Allowing the appeal and remitting the matter to High Court, the Court C HELD: 1. Plaintiff no.1 did not and does not come within the meaning of a “Guardian” as specified in sub-section (b) of…
Supreme Court of India11 Jul 2018Full text
2018 INSC 599 · [2018] 9 S.C.R. 281
– Submarine Pay was includible in “pay”, for the purposes of computing the Service Pension of the appellants– Order passed by AFT set aside– Armed Forces Tribunal Act, 2007 – Navy(Pension) Regulations,1964 – Regulations 86 and 84. Allowing the appeal, the Court G HELD: 1.1 Section I of Chapter III of the Navy (Pension)…
Supreme Court of India10 Jul 2018Full text
2018 INSC 594 · [2018] 9 S.C.R. 267
267 268 SUPREME COURT REPORTS [2018] 9 S.C.R. A a duty is cast upon the High Court to re-appreciate the evidence – As observed by the High Court, the trial court gave importance to insignificant aspects like “smearing of the thighs and legs of the body with mud” and the conduct of the witnesses as to why they have not …
Supreme Court of India9 Jul 2018Full text
2018 INSC 593 · [2018] 7 S.C.R. 939
allotted land by L&DO to strictly follow policy of providing free treatment to economically weaker sections – Respondent-hospitals, since were not party in the Social Jurists case, challenged the conditions imposed by the Government of NCT of Delhi and L&DO – High Court quashed the orders passed by Govt. of NCT of Delh…
Supreme Court of India9 Jul 2018Full text
2018 INSC 591 · [2018] 7 S.C.R. 919
2. The submission made by petitioners attacking the evidence of PW-1 sole eye-witness, who was also injured in the incident need not to be considered in these review petitions. All submissions impeaching evidence of PW-1 were made when the H 919 920 SUPREME COURT REPORTS [2018] 7 S.C.R. A appeals were heard on merit. T…
Supreme Court of India9 Jul 2018Full text
2018 INSC 590 · [2018] 7 S.C.R. 898
Review – Power of the Supreme Court – Held: The power of review of the Supreme Court as envisaged u/Art.137 of the Constitution is no doubt wider than review jurisdiction conferred by other statutes on the Court – Art.137 empowers the Supreme G Court to review any judgment pronounced or made, subject, of course, to the…
Supreme Court of India25 Jan 2018Full text
2018 INSC 59 · [2018] 1 S.C.R. 267
Dismissing the appeal, the Court HELD: 1. In the first place, the High Court convicted four F accused persons under Section 325 read with section 34 IPC and not under Section 307 IPC. This finding of the High Court is based on proper appreciation of entire prosecution evidence and there is no find any reason to disturb…
Also on Law on Tips: Bare Acts · Legal news and analysis