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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.
1,561–1,580 · Page 79 of 382
Supreme Court of India5 Jan 2018Full text
2018 INSC 5 · [2018] 1 S.C.R. 62
Allowing the appeals filed by the complainants and dismissing those filed by the accused persons, the Court HELD: 1. The inherent powers of the High Court, which are obviously not defined being inherent in its very nature, cannot G be stretched to any extent and nor can such powers be equated with the appellate powers …
Supreme Court of India11 May 2018Full text
2018 INSC 497 · [2018] 5 S.C.R. 343
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.
1,561–1,580 · Page 79 of 382
Supreme Court of India5 Jan 2018Full text
2018 INSC 5 · [2018] 1 S.C.R. 62
Allowing the appeals filed by the complainants and dismissing those filed by the accused persons, the Court HELD: 1. The inherent powers of the High Court, which are obviously not defined being inherent in its very nature, cannot G be stretched to any extent and nor can such powers be equated with the appellate powers …
Supreme Court of India11 May 2018Full text
2018 INSC 497 · [2018] 5 S.C.R. 343
[2018] 5 S.C.R. 343 343 KUMAR A v. STATE REPRESENTED BY INSPECTOR OF POLICE (Criminal Appeal No. 409 of 2017) MAY 11, 2018 B [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Penal Code, 1860: ss. 302 and 324 – Conviction by courts below – Prosecution case was that the appellant-accused and the victim-deceased had a verbal spat …
Supreme Court of India14 May 2018Full text
2018 INSC 495 · [2018] 7 S.C.R. 765
D CIVIL APPELLATE JURISDICTION: Civil Appeal No. 877 of 2018. From the Judgment and Order dated 03.03.2016 of the High Court of Jharkhand at Ranchi in W. P. (S) No. 5186 of 2014. E Amit Gupta, Ms. Mansi Kukreja (For M/s. Mitter & Mitter Co.), Advs. for the Appellants. Tapesh Kumar Singh, Mohd. Waquas, Aditya Pratap Sin…
Supreme Court of India11 May 2018Full text
2018 INSC 495 · [2018] 7 S.C.R. 755
G Allowing the appeal, the Court HELD: The reasoning of the impugned order cannot be sustained nor can it be read into the 2004 Rules a mandatory requirement of clearing the “higher grade” Hindi examination. H 755 756 SUPREME COURT REPORTS [2018] 7 S.C.R. A There is no quibble with the position till the 2001 Rules prev…
Supreme Court of India11 May 2018Full text
2018 INSC 494 · [2018] 4 S.C.R. 439
only endeavour should be to find out the truth – However, he has not even taken bare minimum care to find out the whereabouts of the imposter who executed the PoA – The evidence on record clearly revealed that PoA was not executed by the complainant and the beneficiary is the accused, still the accused could not be con…
Supreme Court of India11 May 2018Full text
2018 INSC 491 · [2018] 4 S.C.R. 452
454 SUPREME COURT REPORTS [2018] 4 S.C.R. A as they were deprived of the opportunity to address the Court on the two additional questions on which the impugned judgment was founded. [Paras 20-25][459-B-F] Surat Singh (Dead) v. Siri Bhagwan & Ors. 2018 (3) SCALE 246 – relied on. B Case Law Reference 2018 (3) SCALE 246 r…
Supreme Court of India23 Jan 2018Full text
2018 INSC 48 · [2018] 1 S.C.R. 217
to order re-trial should be exercised only in exceptional cases – In the present case, the High Court found that even though the trial court framed an issue on the point of sharing of common intention of accused nos. 1 and 2 in committing the offence, the omission to frame charges u/s.34 IPC materially affected the tri…
Supreme Court of India23 Jan 2018Full text
2018 INSC 47 · [2018] 1 S.C.R. 497
G Ms. Swarupama Chaturvedi, B. N. Dubey, Arjun Garg, Advs. for the Appellant. Ms. Nidhi, Adv. for the Respondent. The Judgment of the Court was delivered by H N. V. RAMANA, J. 1. This appeal by special leave arises out STATE OF MADHYA PRADESH v. NANDE @ NANDKISHORE 499 SINGH [N. V. RAMANA, J.] of a judgment dated 22nd …
Supreme Court of India9 May 2018Full text
2018 INSC 469 · [2018] 4 S.C.R. 417
Compensation would be payable as applicable on the date of the accident with interest as may be considered reasonable as in accident claim cases – If compensation provided on the date of award of the tribunal is higher than unrevised amount with interest, higher of D the two amounts has to be given. s. 124A – Compensat…
Supreme Court of India9 May 2018Full text
2018 INSC 467 · [2018] 4 S.C.R. 521
Allowing the appeals, the Court HELD: 1. When the notice of the contempt petition was G served upon the appellant, she filed reply thereto stating that she had taken requisite steps under the settlement and it is the respondent who failed to get orders dated April 16, 2015 passed by Canadian Court nullified thereby dis…
Supreme Court of India9 May 2018Full text
2018 INSC 464 · [2018] 4 S.C.R. 397
[2018] 4 S.C.R. 397 397 PRAMOD LAXMAN GUDADHE A v. ELECTION COMMISSION OF INDIA AND ORS. (Special Leave Petition (Civil) No. 9968 of 2018) B MAY 09, 2018 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D.Y. CHANDRACHUD, JJ.] C Representation of People Act, 1951 – s.151A – Interpretation of – Justifiability of holding bye-e…
Supreme Court of India8 May 2018Full text
2018 INSC 461 · [2018] 4 S.C.R. 373
1.2 Calculating the qualifying period for the purpose of pension and gratuity, entire service from the date of enrolment or advancement to the rank of ordinary seaman or equivalent till the date of discharge is to be counted. Thus, whereas full continuous service in the Navy is to be reckoned for pension, E insofar Fle…
Supreme Court of India8 May 2018Full text
2018 INSC 460 · [2018] 6 S.C.R. 533
[2018] 6 S.C.R. 533 533 M/S. GEOMYSORE SERVICES (I) PVT. LTD. & ANR. A v. M/S. HUTTI GOLDMINES CO. LTD. & ORS. (Civil Appeal No. 2537 of 2017) MAY 08, 2018 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Mines and Minerals (Development and Regulation) Act, 1957: ss. 11(1) and 17A(2) – Reservation of mining area u/s. 17A(2) – …
Supreme Court of India23 Jan 2018Full text
2018 INSC 46 · [2018] 1 S.C.R. 828
WITH C SLP (C) Nos. 14676, 24219, 30556 OF 2015 W.P. (C) Nos. 77, 130, 171, 405, 600, 598, 601, 602, 733 of 2016 SLP(C) Nos. 15764, 23823, 24506 OF 2016 W.P. (C) Nos. 414, 423 OF 2016 D S.L.P. (C)...CC Nos. 15018, 15304 OF 2016 W.P. (C) No. 189, 222, 334 OF 2017 P.S. Patwalia, Sanjay Hegde, A. Mariarputham, Pravin H. P…
Supreme Court of India8 May 2018Full text
2018 INSC 459 · [2018] 6 S.C.R. 1029
M. N. Rao, Sr. Adv., Ranbir Singh Yadav, Ms. Anzu K. Varkey, BSyed Ahmad Naqvi, Ms. Ashima Pary, Ms. Richa Gandharva, Advs. for the Appellants. P. N. Sharma, Dev Vrat (For Mrs. V. D. Khanna), Roopansh Purohit, R. K. Shokeen, Advs. for the Respondents. The Judgment of the Court was delivered by C S. ABDUL NAZEER, J. 1. …
Supreme Court of India8 May 2018Full text
2018 INSC 458 · [2018] 7 S.C.R. 747
3. In the instant case, the intestate (wife of plaintiff) has D left behind her husband and kindred. There are no lineal descendants as defined under Section 25. Sections 42 to 48 lay down the rules of distribution of property of an intestate where the intestate had died without leaving children or remoter lineal desce…
Supreme Court of India8 May 2018Full text
2018 INSC 457 · [2018] 4 S.C.R. 362
362 SUPREME COURT[2018]REPORTS4 S.C.R. 362 [2018] 4 S.C.R. A GURWINDER SINGH @ SONU ETC. v. STATE OF PUNJAB AND ANR. (Criminal Appeal Nos. 2301-2302 of 2014) B MAY 08, 2018 [RANJAN GOGOI AND R. BANUMATHI, JJ.] Penal Code, 1860 – ss. 304 Part I, 300 Exception 4, 302 r/w 34 – Murder – Parties assembled to settle land dis…
Supreme Court of India7 May 2018Full text
2018 INSC 456 · [2018] 4 S.C.R. 407
required, preferably of three members, one of whom must be retired judge of Supreme Court who may be served in the Tribunal – Such committee can have interaction with all stakeholders and suggest a mechanism consistent with the constitutional scheme and also in the light of recommendations of expert bodies – This exerc…
Supreme Court of India7 May 2018Full text
2018 INSC 455 · [2018] 6 S.C.R. 1076
struck down – 2016 Amendment (UP Act No. 22 of 2016) – U.P Ex-Chief Ministers Residence Allotment Rules, 1997 – Uttar Pradesh Ministers and State Legislature, Officers and Members Amenities Laws (Amendment) Act, 1990 – s.(1-A) – Uttar Pradesh Ministers and State Legislature, Officers and Members Amenities Laws H (Amend…
Supreme Court of India7 May 2018Full text
2018 INSC 453 · [2018] 5 S.C.R. 698
1.3 On a conspectus of the facts including the number of pilgrims for whom the petitioners would have been entitled to arrange the Hajj pilgrimage, an amount of Rs.5 lakh per petitioner would be adequate compensation for the loss suffered by them and sub-serve the ends of justice. There is no quantification based H 700…
Also on Law on Tips: Bare Acts · Legal news and analysis
[2018] 5 S.C.R. 343 343 KUMAR A v. STATE REPRESENTED BY INSPECTOR OF POLICE (Criminal Appeal No. 409 of 2017) MAY 11, 2018 B [N. V. RAMANA AND S. ABDUL NAZEER, JJ.] Penal Code, 1860: ss. 302 and 324 – Conviction by courts below – Prosecution case was that the appellant-accused and the victim-deceased had a verbal spat …
Supreme Court of India14 May 2018Full text
2018 INSC 495 · [2018] 7 S.C.R. 765
D CIVIL APPELLATE JURISDICTION: Civil Appeal No. 877 of 2018. From the Judgment and Order dated 03.03.2016 of the High Court of Jharkhand at Ranchi in W. P. (S) No. 5186 of 2014. E Amit Gupta, Ms. Mansi Kukreja (For M/s. Mitter & Mitter Co.), Advs. for the Appellants. Tapesh Kumar Singh, Mohd. Waquas, Aditya Pratap Sin…
Supreme Court of India11 May 2018Full text
2018 INSC 495 · [2018] 7 S.C.R. 755
G Allowing the appeal, the Court HELD: The reasoning of the impugned order cannot be sustained nor can it be read into the 2004 Rules a mandatory requirement of clearing the “higher grade” Hindi examination. H 755 756 SUPREME COURT REPORTS [2018] 7 S.C.R. A There is no quibble with the position till the 2001 Rules prev…
Supreme Court of India11 May 2018Full text
2018 INSC 494 · [2018] 4 S.C.R. 439
only endeavour should be to find out the truth – However, he has not even taken bare minimum care to find out the whereabouts of the imposter who executed the PoA – The evidence on record clearly revealed that PoA was not executed by the complainant and the beneficiary is the accused, still the accused could not be con…
Supreme Court of India11 May 2018Full text
2018 INSC 491 · [2018] 4 S.C.R. 452
454 SUPREME COURT REPORTS [2018] 4 S.C.R. A as they were deprived of the opportunity to address the Court on the two additional questions on which the impugned judgment was founded. [Paras 20-25][459-B-F] Surat Singh (Dead) v. Siri Bhagwan & Ors. 2018 (3) SCALE 246 – relied on. B Case Law Reference 2018 (3) SCALE 246 r…
Supreme Court of India23 Jan 2018Full text
2018 INSC 48 · [2018] 1 S.C.R. 217
to order re-trial should be exercised only in exceptional cases – In the present case, the High Court found that even though the trial court framed an issue on the point of sharing of common intention of accused nos. 1 and 2 in committing the offence, the omission to frame charges u/s.34 IPC materially affected the tri…
Supreme Court of India23 Jan 2018Full text
2018 INSC 47 · [2018] 1 S.C.R. 497
G Ms. Swarupama Chaturvedi, B. N. Dubey, Arjun Garg, Advs. for the Appellant. Ms. Nidhi, Adv. for the Respondent. The Judgment of the Court was delivered by H N. V. RAMANA, J. 1. This appeal by special leave arises out STATE OF MADHYA PRADESH v. NANDE @ NANDKISHORE 499 SINGH [N. V. RAMANA, J.] of a judgment dated 22nd …
Supreme Court of India9 May 2018Full text
2018 INSC 469 · [2018] 4 S.C.R. 417
Compensation would be payable as applicable on the date of the accident with interest as may be considered reasonable as in accident claim cases – If compensation provided on the date of award of the tribunal is higher than unrevised amount with interest, higher of D the two amounts has to be given. s. 124A – Compensat…
Supreme Court of India9 May 2018Full text
2018 INSC 467 · [2018] 4 S.C.R. 521
Allowing the appeals, the Court HELD: 1. When the notice of the contempt petition was G served upon the appellant, she filed reply thereto stating that she had taken requisite steps under the settlement and it is the respondent who failed to get orders dated April 16, 2015 passed by Canadian Court nullified thereby dis…
Supreme Court of India9 May 2018Full text
2018 INSC 464 · [2018] 4 S.C.R. 397
[2018] 4 S.C.R. 397 397 PRAMOD LAXMAN GUDADHE A v. ELECTION COMMISSION OF INDIA AND ORS. (Special Leave Petition (Civil) No. 9968 of 2018) B MAY 09, 2018 [DIPAK MISRA, CJI, A. M. KHANWILKAR AND DR. D.Y. CHANDRACHUD, JJ.] C Representation of People Act, 1951 – s.151A – Interpretation of – Justifiability of holding bye-e…
Supreme Court of India8 May 2018Full text
2018 INSC 461 · [2018] 4 S.C.R. 373
1.2 Calculating the qualifying period for the purpose of pension and gratuity, entire service from the date of enrolment or advancement to the rank of ordinary seaman or equivalent till the date of discharge is to be counted. Thus, whereas full continuous service in the Navy is to be reckoned for pension, E insofar Fle…
Supreme Court of India8 May 2018Full text
2018 INSC 460 · [2018] 6 S.C.R. 533
[2018] 6 S.C.R. 533 533 M/S. GEOMYSORE SERVICES (I) PVT. LTD. & ANR. A v. M/S. HUTTI GOLDMINES CO. LTD. & ORS. (Civil Appeal No. 2537 of 2017) MAY 08, 2018 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Mines and Minerals (Development and Regulation) Act, 1957: ss. 11(1) and 17A(2) – Reservation of mining area u/s. 17A(2) – …
Supreme Court of India23 Jan 2018Full text
2018 INSC 46 · [2018] 1 S.C.R. 828
WITH C SLP (C) Nos. 14676, 24219, 30556 OF 2015 W.P. (C) Nos. 77, 130, 171, 405, 600, 598, 601, 602, 733 of 2016 SLP(C) Nos. 15764, 23823, 24506 OF 2016 W.P. (C) Nos. 414, 423 OF 2016 D S.L.P. (C)...CC Nos. 15018, 15304 OF 2016 W.P. (C) No. 189, 222, 334 OF 2017 P.S. Patwalia, Sanjay Hegde, A. Mariarputham, Pravin H. P…
Supreme Court of India8 May 2018Full text
2018 INSC 459 · [2018] 6 S.C.R. 1029
M. N. Rao, Sr. Adv., Ranbir Singh Yadav, Ms. Anzu K. Varkey, BSyed Ahmad Naqvi, Ms. Ashima Pary, Ms. Richa Gandharva, Advs. for the Appellants. P. N. Sharma, Dev Vrat (For Mrs. V. D. Khanna), Roopansh Purohit, R. K. Shokeen, Advs. for the Respondents. The Judgment of the Court was delivered by C S. ABDUL NAZEER, J. 1. …
Supreme Court of India8 May 2018Full text
2018 INSC 458 · [2018] 7 S.C.R. 747
3. In the instant case, the intestate (wife of plaintiff) has D left behind her husband and kindred. There are no lineal descendants as defined under Section 25. Sections 42 to 48 lay down the rules of distribution of property of an intestate where the intestate had died without leaving children or remoter lineal desce…
Supreme Court of India8 May 2018Full text
2018 INSC 457 · [2018] 4 S.C.R. 362
362 SUPREME COURT[2018]REPORTS4 S.C.R. 362 [2018] 4 S.C.R. A GURWINDER SINGH @ SONU ETC. v. STATE OF PUNJAB AND ANR. (Criminal Appeal Nos. 2301-2302 of 2014) B MAY 08, 2018 [RANJAN GOGOI AND R. BANUMATHI, JJ.] Penal Code, 1860 – ss. 304 Part I, 300 Exception 4, 302 r/w 34 – Murder – Parties assembled to settle land dis…
Supreme Court of India7 May 2018Full text
2018 INSC 456 · [2018] 4 S.C.R. 407
required, preferably of three members, one of whom must be retired judge of Supreme Court who may be served in the Tribunal – Such committee can have interaction with all stakeholders and suggest a mechanism consistent with the constitutional scheme and also in the light of recommendations of expert bodies – This exerc…
Supreme Court of India7 May 2018Full text
2018 INSC 455 · [2018] 6 S.C.R. 1076
struck down – 2016 Amendment (UP Act No. 22 of 2016) – U.P Ex-Chief Ministers Residence Allotment Rules, 1997 – Uttar Pradesh Ministers and State Legislature, Officers and Members Amenities Laws (Amendment) Act, 1990 – s.(1-A) – Uttar Pradesh Ministers and State Legislature, Officers and Members Amenities Laws H (Amend…
Supreme Court of India7 May 2018Full text
2018 INSC 453 · [2018] 5 S.C.R. 698
1.3 On a conspectus of the facts including the number of pilgrims for whom the petitioners would have been entitled to arrange the Hajj pilgrimage, an amount of Rs.5 lakh per petitioner would be adequate compensation for the loss suffered by them and sub-serve the ends of justice. There is no quantification based H 700…
Also on Law on Tips: Bare Acts · Legal news and analysis