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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.
1,521–1,540 · Page 77 of 382
Supreme Court of India25 Jan 2018Full text
2018 INSC 56 · [2018] 1 S.C.R. 806
Party – Difference between a necessary party and proper party – Held: A necessary party is one without whom, no order can be made effectively – A proper party is one in whose absence an F effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the procee…
Supreme Court of India2 Jul 2018Full text
2018 INSC 559 · [2018] 7 S.C.R. 781
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.
1,521–1,540 · Page 77 of 382
Supreme Court of India25 Jan 2018Full text
2018 INSC 56 · [2018] 1 S.C.R. 806
Party – Difference between a necessary party and proper party – Held: A necessary party is one without whom, no order can be made effectively – A proper party is one in whose absence an F effective order can be made but whose presence is necessary for a complete and final decision on the question involved in the procee…
Supreme Court of India2 Jul 2018Full text
2018 INSC 559 · [2018] 7 S.C.R. 781
[2018] 7 S.C.R. 781 781 NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY A v. CHIEF COMMISSIONER OF INCOME TAX AND ORS. (Civil Appeal Nos. 792-793 of 2014) JULY 02, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Income Tax Act, 1961 – s.10(20) (as Amended by Finance Act 2002 w.e.f. 01.04.2003) – Appellant-NOIDA, a local authori…
Supreme Court of India2 Jul 2018Full text
2018 INSC 558 · [2018] 5 S.C.R. 48
disciplinary authority if starts acting in any other capacity and proceed to act in a manner as if he is interested in eliciting evidence to punish an employee, principle of bias comes into place – On facts, the High Court held that Inquiry Officer acted himself as prosecutor by leading the examination in chief of the …
Supreme Court of India2 Jul 2018Full text
2018 INSC 557 · [2018] 5 S.C.R. 81
posted and serving, and had their headquarters in North Eastern Region – Respondents-pharmacists in CRPF posted in North Eastern Region but their Headquarters were in Gwalior, sought Special (Duty) Allowances for the period during which they were posted in the North Eastern Region – However, case of Director General, C…
Supreme Court of India2 Jul 2018Full text
2018 INSC 556 · [2018] 5 S.C.R. 36
36 SUPREME COURT[2018]REPORTS5 S.C.R. 36 [2018] 5 S.C.R. A SHYAM NARAYAN PRASAD v. KRISHNA PRASAD AND ORS. (Civil Appeal No. 5415 of 2011) JULY 02, 2018 B [ABHAY MANOHAR SAPRE AND S. ABDUL NAZEER, JJ.] Hindu Law – Mitakshara law – Property allotted to son in partition – Whether retains character of coparcenery property…
Supreme Court of India14 Jun 2018Full text
2018 INSC 554 · [2018] 5 S.C.R. 28
Allowing the appeal filed by UP Public Service Commission and dismissing the appeals filed by the candidates, the Court HELD: 1.1 The onus is on the candidate to not only G demonstrate that the key answer is incorrect but also that it is a glaring mistake which is totally apparent and no inferential process or reasonin…
Supreme Court of India13 Jun 2018Full text
2018 INSC 553 · [2018] 5 S.C.R. 12
12 SUPREME COURT[2018]REPORTS5 S.C.R. 12 [2018] 5 S.C.R. A DISHA PANCHAL AND OTHERS v. UNION OF INDIA THE SECRETARY AND OTHERS (Writ Petition (Civil) No. 551 of 2018) B JUNE 13, 2018 [UDAY UMESH LALIT AND DEEPAK GUPTA, JJ.] Education/Educational Institutions – Admission to National Law Universities – Online entrance te…
Supreme Court of India1 Jun 2018Full text
2018 INSC 552 · [2018] 5 S.C.R. 1
[2018] 5 S.C.R. 1 1 MEDICAL COUNCIL OF INDIA A v. VEDANTAA INSTITUTE OF ACADEMIC EXCELLENCE PVT. LTD. AND ORS. (Civil Appeal No. 5805 of 2018) B JUNE 01, 2018 [L. NAGESWARA RAO AND MOHAN M. SHANTANAGOUDAR, JJ.] Education/Educational Institutions: C Establishment of Medical College Regulations, 1999 – Regn. 8(3)(1)(a) –…
Supreme Court of India25 Jan 2018Full text
2018 INSC 55 · [2018] 1 S.C.R. 272
F Allowing the appeal, the Court HELD: 1.1 Even if the landlord is able to make out only one ground out of several grounds of the eviction, he is entitled to seek the eviction of his tenant from the suit premises on the basis of that sole ground which he has made out under the Rent G Act. It is not necessary for the la…
Supreme Court of India18 May 2018Full text
2018 INSC 549 · [2018] 4 S.C.R. 547
Reading of judgment – Held: Judgments are not legislations – They have to be read in the context and background discussions. Allowing the appeals, the Court G HELD : 1. The concept of maintaining General Diary has its origin under Section 44 of Police Act of 1861 as applicable to States, which makes it an obligation fo…
Supreme Court of India18 May 2018Full text
2018 INSC 548 · [2018] 5 S.C.R. 421
the date of payment – District Forum as well as State Commission held that foreign currency conversion rate has to be calculated as on the date of payment – However, National Consumer Commission held that conversion rate has to be as on the date of subject shipment – On appeal, held: Interpretation of decree in a manne…
Supreme Court of India18 May 2018Full text
2018 INSC 543 · [2018] 4 S.C.R. 484
484 MAHABIR INDUSTRIES v. PRINCIPAL COMMISSIONER OF 485 INCOME TAX Allowing the appeals, the Court A HELD: 1. It was wrong on the part of the Assessing Officer not to allow deduction to the assessee under Section 80-IC for the Assessment Years 2008-09 and 2009-2010. [Para 14][495-C] 2. As per the provisions of sub-sect…
Supreme Court of India18 May 2018Full text
2018 INSC 542 · [2018] 4 S.C.R. 496
Allowing the appeal, the Court D HELD: 1. The order of the Competition Commission was challenged by filing appeal under Section 53B of the Competition Act, 2002. Section 53B confers a right upon any of the aggrieved parties mentioned therein to prefer an appeal to the Appellate Tribunal. This statutory provision does n…
Supreme Court of India18 May 2018Full text
2018 INSC 540 · [2018] 4 S.C.R. 560
persons subject to Army Act, Navy Act and Air Force Act – Impugned order before the Tribunal was by a different organization – Therefore, cannot be held to be service matter within the meaning of s. 3(o) – ss. 27 and 33 of Army Act are also not applicable in the present case – Army Act, 1950 – ss. 27 and 33 – Navy Act,…
Supreme Court of India24 Jan 2018Full text
2018 INSC 54 · [2018] 2 S.C.R. 232
232 SUPREME COURT[2018]REPORTS1 S.C.R. 232 [2018] 2 S.C.R. A COMPETITION COMMISSION OF INDIA v. M/S FAST WAY TRANSMISSION PVT. LTD. (Civil Appeal No. 7215 of 2014) B JANUARY 24, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Competition Act, 2002 – ss.3, 4 and 27 – Cable TV network – Respondent No.5 (Broadcaster of a News C…
Supreme Court of India18 May 2018Full text
2018 INSC 539 · [2018] 6 S.C.R. 522
– Held: High Court was alive to the fact that the Coordinate Bench of the same High Court had occasion to decide writ petition – The F Coordinate Bench had noted that the investigation of the crime was in progress and that it was not necessary to transfer the inquiry/ investigation to CBI – These aspects were duly take…
Supreme Court of India18 May 2018Full text
2018 INSC 538 · [2018] 5 S.C.R. 1127
1127 1128 SUPREME COURT REPORTS [2018] 5 S.C.R. A Tribunal as modified by Supreme Court and in particular the Scheme to ensure smooth, effective and efficient implementation of the Award of the Tribunal as modified by Supreme Court – The Draft Scheme has been drafted singularly for that purpose and the same will have t…
Supreme Court of India18 May 2018Full text
2018 INSC 537 · [2018] 5 S.C.R. 377
1.4 It is a matter of natural justice that any party to the judicial proceedings should get an opportunity of being heard, and if such an opportunity has been denied for want of sufficient G reason, the labour court/tribunal which denied such an opportunity, being satisfied of the sufficient cause and within a reasonab…
Supreme Court of India17 May 2018Full text
2018 INSC 536 · [2018] 4 S.C.R. 477
Vikas Singh, Sr. Adv., Sanjay Kapur, Ms. Megha Karnwal, BMs. Mansi Kapur, Advs. for the Appellant. Gaurav Agrawal, Haresh Gantra, C. George Thomas, V. Asim Siddiqui, Anurag Gharote, Advs. for the Respondents. The Judgment of the Court was delivered by A. M. KHANWILKAR, J. 1. The judgment and order dated C 30th August, …
Supreme Court of India17 May 2018Full text
2018 INSC 532 · [2018] 5 S.C.R. 775
The process of revival of Super Bazar was being monitored by Supreme Court. Offer made by the petitioner-WPL was B accepted. The Official Liquidator (OL) was directed to take steps to revive Super Bazar. The bid submitted by WPL stipulated that the infusion of funds for revival of Super Bazar was inter alia through sub…
Also on Law on Tips: Bare Acts · Legal news and analysis
[2018] 7 S.C.R. 781 781 NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY A v. CHIEF COMMISSIONER OF INCOME TAX AND ORS. (Civil Appeal Nos. 792-793 of 2014) JULY 02, 2018 B [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Income Tax Act, 1961 – s.10(20) (as Amended by Finance Act 2002 w.e.f. 01.04.2003) – Appellant-NOIDA, a local authori…
Supreme Court of India2 Jul 2018Full text
2018 INSC 558 · [2018] 5 S.C.R. 48
disciplinary authority if starts acting in any other capacity and proceed to act in a manner as if he is interested in eliciting evidence to punish an employee, principle of bias comes into place – On facts, the High Court held that Inquiry Officer acted himself as prosecutor by leading the examination in chief of the …
Supreme Court of India2 Jul 2018Full text
2018 INSC 557 · [2018] 5 S.C.R. 81
posted and serving, and had their headquarters in North Eastern Region – Respondents-pharmacists in CRPF posted in North Eastern Region but their Headquarters were in Gwalior, sought Special (Duty) Allowances for the period during which they were posted in the North Eastern Region – However, case of Director General, C…
Supreme Court of India2 Jul 2018Full text
2018 INSC 556 · [2018] 5 S.C.R. 36
36 SUPREME COURT[2018]REPORTS5 S.C.R. 36 [2018] 5 S.C.R. A SHYAM NARAYAN PRASAD v. KRISHNA PRASAD AND ORS. (Civil Appeal No. 5415 of 2011) JULY 02, 2018 B [ABHAY MANOHAR SAPRE AND S. ABDUL NAZEER, JJ.] Hindu Law – Mitakshara law – Property allotted to son in partition – Whether retains character of coparcenery property…
Supreme Court of India14 Jun 2018Full text
2018 INSC 554 · [2018] 5 S.C.R. 28
Allowing the appeal filed by UP Public Service Commission and dismissing the appeals filed by the candidates, the Court HELD: 1.1 The onus is on the candidate to not only G demonstrate that the key answer is incorrect but also that it is a glaring mistake which is totally apparent and no inferential process or reasonin…
Supreme Court of India13 Jun 2018Full text
2018 INSC 553 · [2018] 5 S.C.R. 12
12 SUPREME COURT[2018]REPORTS5 S.C.R. 12 [2018] 5 S.C.R. A DISHA PANCHAL AND OTHERS v. UNION OF INDIA THE SECRETARY AND OTHERS (Writ Petition (Civil) No. 551 of 2018) B JUNE 13, 2018 [UDAY UMESH LALIT AND DEEPAK GUPTA, JJ.] Education/Educational Institutions – Admission to National Law Universities – Online entrance te…
Supreme Court of India1 Jun 2018Full text
2018 INSC 552 · [2018] 5 S.C.R. 1
[2018] 5 S.C.R. 1 1 MEDICAL COUNCIL OF INDIA A v. VEDANTAA INSTITUTE OF ACADEMIC EXCELLENCE PVT. LTD. AND ORS. (Civil Appeal No. 5805 of 2018) B JUNE 01, 2018 [L. NAGESWARA RAO AND MOHAN M. SHANTANAGOUDAR, JJ.] Education/Educational Institutions: C Establishment of Medical College Regulations, 1999 – Regn. 8(3)(1)(a) –…
Supreme Court of India25 Jan 2018Full text
2018 INSC 55 · [2018] 1 S.C.R. 272
F Allowing the appeal, the Court HELD: 1.1 Even if the landlord is able to make out only one ground out of several grounds of the eviction, he is entitled to seek the eviction of his tenant from the suit premises on the basis of that sole ground which he has made out under the Rent G Act. It is not necessary for the la…
Supreme Court of India18 May 2018Full text
2018 INSC 549 · [2018] 4 S.C.R. 547
Reading of judgment – Held: Judgments are not legislations – They have to be read in the context and background discussions. Allowing the appeals, the Court G HELD : 1. The concept of maintaining General Diary has its origin under Section 44 of Police Act of 1861 as applicable to States, which makes it an obligation fo…
Supreme Court of India18 May 2018Full text
2018 INSC 548 · [2018] 5 S.C.R. 421
the date of payment – District Forum as well as State Commission held that foreign currency conversion rate has to be calculated as on the date of payment – However, National Consumer Commission held that conversion rate has to be as on the date of subject shipment – On appeal, held: Interpretation of decree in a manne…
Supreme Court of India18 May 2018Full text
2018 INSC 543 · [2018] 4 S.C.R. 484
484 MAHABIR INDUSTRIES v. PRINCIPAL COMMISSIONER OF 485 INCOME TAX Allowing the appeals, the Court A HELD: 1. It was wrong on the part of the Assessing Officer not to allow deduction to the assessee under Section 80-IC for the Assessment Years 2008-09 and 2009-2010. [Para 14][495-C] 2. As per the provisions of sub-sect…
Supreme Court of India18 May 2018Full text
2018 INSC 542 · [2018] 4 S.C.R. 496
Allowing the appeal, the Court D HELD: 1. The order of the Competition Commission was challenged by filing appeal under Section 53B of the Competition Act, 2002. Section 53B confers a right upon any of the aggrieved parties mentioned therein to prefer an appeal to the Appellate Tribunal. This statutory provision does n…
Supreme Court of India18 May 2018Full text
2018 INSC 540 · [2018] 4 S.C.R. 560
persons subject to Army Act, Navy Act and Air Force Act – Impugned order before the Tribunal was by a different organization – Therefore, cannot be held to be service matter within the meaning of s. 3(o) – ss. 27 and 33 of Army Act are also not applicable in the present case – Army Act, 1950 – ss. 27 and 33 – Navy Act,…
Supreme Court of India24 Jan 2018Full text
2018 INSC 54 · [2018] 2 S.C.R. 232
232 SUPREME COURT[2018]REPORTS1 S.C.R. 232 [2018] 2 S.C.R. A COMPETITION COMMISSION OF INDIA v. M/S FAST WAY TRANSMISSION PVT. LTD. (Civil Appeal No. 7215 of 2014) B JANUARY 24, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Competition Act, 2002 – ss.3, 4 and 27 – Cable TV network – Respondent No.5 (Broadcaster of a News C…
Supreme Court of India18 May 2018Full text
2018 INSC 539 · [2018] 6 S.C.R. 522
– Held: High Court was alive to the fact that the Coordinate Bench of the same High Court had occasion to decide writ petition – The F Coordinate Bench had noted that the investigation of the crime was in progress and that it was not necessary to transfer the inquiry/ investigation to CBI – These aspects were duly take…
Supreme Court of India18 May 2018Full text
2018 INSC 538 · [2018] 5 S.C.R. 1127
1127 1128 SUPREME COURT REPORTS [2018] 5 S.C.R. A Tribunal as modified by Supreme Court and in particular the Scheme to ensure smooth, effective and efficient implementation of the Award of the Tribunal as modified by Supreme Court – The Draft Scheme has been drafted singularly for that purpose and the same will have t…
Supreme Court of India18 May 2018Full text
2018 INSC 537 · [2018] 5 S.C.R. 377
1.4 It is a matter of natural justice that any party to the judicial proceedings should get an opportunity of being heard, and if such an opportunity has been denied for want of sufficient G reason, the labour court/tribunal which denied such an opportunity, being satisfied of the sufficient cause and within a reasonab…
Supreme Court of India17 May 2018Full text
2018 INSC 536 · [2018] 4 S.C.R. 477
Vikas Singh, Sr. Adv., Sanjay Kapur, Ms. Megha Karnwal, BMs. Mansi Kapur, Advs. for the Appellant. Gaurav Agrawal, Haresh Gantra, C. George Thomas, V. Asim Siddiqui, Anurag Gharote, Advs. for the Respondents. The Judgment of the Court was delivered by A. M. KHANWILKAR, J. 1. The judgment and order dated C 30th August, …
Supreme Court of India17 May 2018Full text
2018 INSC 532 · [2018] 5 S.C.R. 775
The process of revival of Super Bazar was being monitored by Supreme Court. Offer made by the petitioner-WPL was B accepted. The Official Liquidator (OL) was directed to take steps to revive Super Bazar. The bid submitted by WPL stipulated that the infusion of funds for revival of Super Bazar was inter alia through sub…
Also on Law on Tips: Bare Acts · Legal news and analysis