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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.
1,681–1,700 · Page 85 of 382
Supreme Court of India12 Apr 2018Full text
2018 INSC 330 · [2018] 3 S.C.R. 435
indicate the defects in application and return the same – Non-submission of registration fee is also a defect in the application as contemplated by Clause 27 – Note which is a statutory in nature obliges the respondents to communicate defects in the application returned to the appellant – No such defect of non-deposit …
Supreme Court of India18 Jan 2018Full text
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.
1,681–1,700 · Page 85 of 382
Supreme Court of India12 Apr 2018Full text
2018 INSC 330 · [2018] 3 S.C.R. 435
indicate the defects in application and return the same – Non-submission of registration fee is also a defect in the application as contemplated by Clause 27 – Note which is a statutory in nature obliges the respondents to communicate defects in the application returned to the appellant – No such defect of non-deposit …
Supreme Court of India18 Jan 2018Full text
2018 INSC 33 · [2018] 1 S.C.R. 733
Switched Capacitators (LTSCs) supplied against the contract of 1993-1994, with new technology LTLMS at the old lease rentals– Appellant issued Letter of Intent– However, issues arose between the parties during the execution of said contract– Contract terminated by respondent no.2 – Arbitration Tribunal passed arbitral …
Supreme Court of India12 Apr 2018Full text
2018 INSC 329 · [2018] 9 S.C.R. 106
2.1 On a plain reading of Section 84(1), it is mandated that Eboth the Chairperson and the Members of the State Commission “shall” be persons of ability, integrity and standing who have adequate knowledge of and have shown capacity in dealing with problems relating to engineering, finance, commerce, economics, law or m…
Supreme Court of India11 Apr 2018Full text
2018 INSC 328 · [2018] 3 S.C.R. 1022
Mahesh Thakur, Ms. Vipasha Singh (for Dr. Sushil Balwada), Advs. for the Appellants. D Mohit Paul, Vineet Malhotra and Anugrah Niraj Ekka, Advs. for the respondents. The judgment of the Court was delivered by N. V. RAMANA, J. 1. Leave granted. E 2. This appeal is directed against the judgment dated 10th July, 2015 pass…
Supreme Court of India11 Apr 2018Full text
2018 INSC 327 · [2018] 3 S.C.R. 1004
framed, the life of the interim order to maintain status quo also expired and thereafter, the field was to be governed by the new guidelines – In contempt jurisdiction, the Court cannot expand the scope of the judgment which is alleged to have been violated – Impugned order is set aside. F Disposing of the appeals, the…
Supreme Court of India11 Apr 2018Full text
2018 INSC 326 · [2018] 3 S.C.R. 337
petitioner sought to cast aspersions on the bench of the High Court, assigned with the hearing of the contempt proceedings against petitioner, is unwarranted – Moreover, reckless allegations levelled against judges of the High Court in a proceeding where correctness of the orders passed by the High Court not in issue a…
Supreme Court of India10 Apr 2018Full text
2018 INSC 323 · [2018] 3 S.C.R. 455
Dismissing the appeals, the Court HELD: 1.1 There is no condition of completion of construction within a period of two years in the sale deed. Such a B condition was only in the allotment letter. However, after the said allotment, the appellant-Corporation not only received entire consideration but executed the sale de…
Supreme Court of India10 Apr 2018Full text
2018 INSC 320 · [2018] 3 S.C.R. 854
v. KAMALA & ANR. B (Criminal Appeal No. 507 of 2018) APRIL 10, 2018 [DIPAK MISRA CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] Conservation of Foreign Exchange and Prevention of C Smuggling Activities Act ,1974 – s.3(1)(ii) – Detention order – Period of detention not specified in detention order – Non-specifica…
Supreme Court of India10 Apr 2018Full text
2018 INSC 319 · [2018] 3 S.C.R. 422
High Court reversed the order of trial court – On appeal, held: The basis to decide an application u/O.VII, r.11(d) are the averments in the plaint (read as a whole) and defence or plea in the Written Statement cannot be the basis – In view of the averments in the plaint and relief claimed, the issue of limitation is a…
Supreme Court of India9 Apr 2018Full text
2018 INSC 318 · [2018] 6 S.C.R. 693
– State Election Commissioner to ensure disposal of any such grievance so made by the party concerned strictly in accordance with law forthwith – West Bengal Panchayat Elections Act, 2003 – Constitution of India – Art.32. West Bengal State Election Commission v. State of West G Bengal & Ors. (Decision dated 28.06.2013 …
Supreme Court of India9 Apr 2018Full text
2018 INSC 315 · [2018] 3 S.C.R. 847
Allowing the appeals, the Court F HELD: 1. The High Court has prematurely quashed the FIR without proper investigation being conducted by the Police. This court in a catena of cases has quashed FIR only after it comes to a conclusion that continuing investigation in such cases would only amount to abuse of the process.…
Supreme Court of India9 Apr 2018Full text
2018 INSC 314 · [2018] 3 S.C.R. 1056
should have been admitted for final hearing on the substantial question(s) of law arising in the case – Impugned judgment set aside – Appeal remanded to High Court for decision on merits on the substantial questions of law framed. Allowing the appeal, the Court F HELD: 1.1 The High Court erred in dismissing the second …
Supreme Court of India9 Apr 2018Full text
2018 INSC 313 · [2018] 3 S.C.R. 410
of C the High Court. [Paras 22 and 23] [420-H; 421-A-C] CIVIL APPELLATE JURISDICTI…
Supreme Court of India6 Apr 2018Full text
2018 INSC 311 · [2018] 5 S.C.R. 287
[2018] 5 S.C.R. 287 287 MANGLA RAM A v. THE ORIENTAL INSURANCE CO. LTD. & ORS. (Civil Appeal Nos. 2499-2500 of 2018) APRIL 06, 2018 B [DIPAK MISRA, CJI AND A. M. KHANWILKAR, J.] Motor Vehicles Act, 1988: s.166 – Compensation – Contributory negligence – Claimant’s case was that on a fateful day while he was driving a mo…
Supreme Court of India6 Apr 2018Full text
2018 INSC 310 · [2018] 5 S.C.R. 560
560 RAGHUNATH PRASAD PANDE v. STATE OF KARNATAKA 561 & ORS. The view of the High Court is hyper technical and too sophisticated A under the facts of the case – The land is already acquired by the State Government – Civil Judge while deciding the reference application seeking enhancement of compensation observed that th…
Supreme Court of India17 Jan 2018Full text
2018 INSC 31 · [2018] 6 S.C.R. 960
CIVIL APPELLATE JURISDICTION: M. A. No. 1764 of 2017 in Civil Appeal No. 19938 of 2017. E From the Judgment and Order dated 18.05.2012 of the High Court of Delhi at New Delhi in L. P. A. No. 679 of 2011. J. Sai Deepak, Bharadwaj Jaishankar, Mohit Goel, Sidhant Goel, Ashutosh Nagar, P. D. V. Srikar, Deepankar Mishra, Mi…
Supreme Court of India5 Apr 2018Full text
2018 INSC 309 · [2018] 3 S.C.R. 1008
E Dismissing the appeal, the Court HELD: 1. By this Court’s Judgment and Order dated 04.04.2018 in Dr. Kriti Lakhina vs. The State of Karnataka (Writ Petition (Civil) No.204/2018), the challenge to similar condition incorporated in Information Bulletin issued by State of Karnataka F for admission to Postgraduate Medica…
Supreme Court of India5 Apr 2018Full text
2018 INSC 308 · [2018] 5 S.C.R. 551
01.11.2017 – Appellant could not deposit the arrears of rent within prescribed time – Application for extension of time to deposit rent D stood dismissed on 15.01.2018 – Meanwhile landlady had filed application for execution of decree of arrears of rent wherein the tenant deposited the amount on 12.01.2018 in court and…
Supreme Court of India5 Apr 2018Full text
2018 INSC 307 · [2018] 3 S.C.R. 829
unable to obtain the requisite land for establishing the power plant and on its request, the State allotted land to the respondent on lease – However, land was found to be heavily encroached and there was stiff resistance every time respondent no.1 tried to approach the land – Respondent no.1 sought for change of locat…
Supreme Court of India5 Apr 2018Full text
2018 INSC 306 · [2018] 3 S.C.R. 479
ASHIM RANJAN DAS (D) BY LRS. v. SHIBU BODHAK 481 & ORS. dated 19.9.2000 and subsequent proceedings thereto, vide order A in appeal dated 7.5.2004. [Para 18] [488-H; 489-A-D] CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3932 of 2009. From the Judgment and Order dated 07.05.2004 of the High Court Bof Calcutta in W.P.L.…
Also on Law on Tips: Bare Acts · Legal news and analysis
2018 INSC 33 · [2018] 1 S.C.R. 733
Switched Capacitators (LTSCs) supplied against the contract of 1993-1994, with new technology LTLMS at the old lease rentals– Appellant issued Letter of Intent– However, issues arose between the parties during the execution of said contract– Contract terminated by respondent no.2 – Arbitration Tribunal passed arbitral …
Supreme Court of India12 Apr 2018Full text
2018 INSC 329 · [2018] 9 S.C.R. 106
2.1 On a plain reading of Section 84(1), it is mandated that Eboth the Chairperson and the Members of the State Commission “shall” be persons of ability, integrity and standing who have adequate knowledge of and have shown capacity in dealing with problems relating to engineering, finance, commerce, economics, law or m…
Supreme Court of India11 Apr 2018Full text
2018 INSC 328 · [2018] 3 S.C.R. 1022
Mahesh Thakur, Ms. Vipasha Singh (for Dr. Sushil Balwada), Advs. for the Appellants. D Mohit Paul, Vineet Malhotra and Anugrah Niraj Ekka, Advs. for the respondents. The judgment of the Court was delivered by N. V. RAMANA, J. 1. Leave granted. E 2. This appeal is directed against the judgment dated 10th July, 2015 pass…
Supreme Court of India11 Apr 2018Full text
2018 INSC 327 · [2018] 3 S.C.R. 1004
framed, the life of the interim order to maintain status quo also expired and thereafter, the field was to be governed by the new guidelines – In contempt jurisdiction, the Court cannot expand the scope of the judgment which is alleged to have been violated – Impugned order is set aside. F Disposing of the appeals, the…
Supreme Court of India11 Apr 2018Full text
2018 INSC 326 · [2018] 3 S.C.R. 337
petitioner sought to cast aspersions on the bench of the High Court, assigned with the hearing of the contempt proceedings against petitioner, is unwarranted – Moreover, reckless allegations levelled against judges of the High Court in a proceeding where correctness of the orders passed by the High Court not in issue a…
Supreme Court of India10 Apr 2018Full text
2018 INSC 323 · [2018] 3 S.C.R. 455
Dismissing the appeals, the Court HELD: 1.1 There is no condition of completion of construction within a period of two years in the sale deed. Such a B condition was only in the allotment letter. However, after the said allotment, the appellant-Corporation not only received entire consideration but executed the sale de…
Supreme Court of India10 Apr 2018Full text
2018 INSC 320 · [2018] 3 S.C.R. 854
v. KAMALA & ANR. B (Criminal Appeal No. 507 of 2018) APRIL 10, 2018 [DIPAK MISRA CJI, A. M. KHANWILKAR AND DR. D. Y. CHANDRACHUD, JJ.] Conservation of Foreign Exchange and Prevention of C Smuggling Activities Act ,1974 – s.3(1)(ii) – Detention order – Period of detention not specified in detention order – Non-specifica…
Supreme Court of India10 Apr 2018Full text
2018 INSC 319 · [2018] 3 S.C.R. 422
High Court reversed the order of trial court – On appeal, held: The basis to decide an application u/O.VII, r.11(d) are the averments in the plaint (read as a whole) and defence or plea in the Written Statement cannot be the basis – In view of the averments in the plaint and relief claimed, the issue of limitation is a…
Supreme Court of India9 Apr 2018Full text
2018 INSC 318 · [2018] 6 S.C.R. 693
– State Election Commissioner to ensure disposal of any such grievance so made by the party concerned strictly in accordance with law forthwith – West Bengal Panchayat Elections Act, 2003 – Constitution of India – Art.32. West Bengal State Election Commission v. State of West G Bengal & Ors. (Decision dated 28.06.2013 …
Supreme Court of India9 Apr 2018Full text
2018 INSC 315 · [2018] 3 S.C.R. 847
Allowing the appeals, the Court F HELD: 1. The High Court has prematurely quashed the FIR without proper investigation being conducted by the Police. This court in a catena of cases has quashed FIR only after it comes to a conclusion that continuing investigation in such cases would only amount to abuse of the process.…
Supreme Court of India9 Apr 2018Full text
2018 INSC 314 · [2018] 3 S.C.R. 1056
should have been admitted for final hearing on the substantial question(s) of law arising in the case – Impugned judgment set aside – Appeal remanded to High Court for decision on merits on the substantial questions of law framed. Allowing the appeal, the Court F HELD: 1.1 The High Court erred in dismissing the second …
Supreme Court of India9 Apr 2018Full text
2018 INSC 313 · [2018] 3 S.C.R. 410
of C the High Court. [Paras 22 and 23] [420-H; 421-A-C] CIVIL APPELLATE JURISDICTI…
Supreme Court of India6 Apr 2018Full text
2018 INSC 311 · [2018] 5 S.C.R. 287
[2018] 5 S.C.R. 287 287 MANGLA RAM A v. THE ORIENTAL INSURANCE CO. LTD. & ORS. (Civil Appeal Nos. 2499-2500 of 2018) APRIL 06, 2018 B [DIPAK MISRA, CJI AND A. M. KHANWILKAR, J.] Motor Vehicles Act, 1988: s.166 – Compensation – Contributory negligence – Claimant’s case was that on a fateful day while he was driving a mo…
Supreme Court of India6 Apr 2018Full text
2018 INSC 310 · [2018] 5 S.C.R. 560
560 RAGHUNATH PRASAD PANDE v. STATE OF KARNATAKA 561 & ORS. The view of the High Court is hyper technical and too sophisticated A under the facts of the case – The land is already acquired by the State Government – Civil Judge while deciding the reference application seeking enhancement of compensation observed that th…
Supreme Court of India17 Jan 2018Full text
2018 INSC 31 · [2018] 6 S.C.R. 960
CIVIL APPELLATE JURISDICTION: M. A. No. 1764 of 2017 in Civil Appeal No. 19938 of 2017. E From the Judgment and Order dated 18.05.2012 of the High Court of Delhi at New Delhi in L. P. A. No. 679 of 2011. J. Sai Deepak, Bharadwaj Jaishankar, Mohit Goel, Sidhant Goel, Ashutosh Nagar, P. D. V. Srikar, Deepankar Mishra, Mi…
Supreme Court of India5 Apr 2018Full text
2018 INSC 309 · [2018] 3 S.C.R. 1008
E Dismissing the appeal, the Court HELD: 1. By this Court’s Judgment and Order dated 04.04.2018 in Dr. Kriti Lakhina vs. The State of Karnataka (Writ Petition (Civil) No.204/2018), the challenge to similar condition incorporated in Information Bulletin issued by State of Karnataka F for admission to Postgraduate Medica…
Supreme Court of India5 Apr 2018Full text
2018 INSC 308 · [2018] 5 S.C.R. 551
01.11.2017 – Appellant could not deposit the arrears of rent within prescribed time – Application for extension of time to deposit rent D stood dismissed on 15.01.2018 – Meanwhile landlady had filed application for execution of decree of arrears of rent wherein the tenant deposited the amount on 12.01.2018 in court and…
Supreme Court of India5 Apr 2018Full text
2018 INSC 307 · [2018] 3 S.C.R. 829
unable to obtain the requisite land for establishing the power plant and on its request, the State allotted land to the respondent on lease – However, land was found to be heavily encroached and there was stiff resistance every time respondent no.1 tried to approach the land – Respondent no.1 sought for change of locat…
Supreme Court of India5 Apr 2018Full text
2018 INSC 306 · [2018] 3 S.C.R. 479
ASHIM RANJAN DAS (D) BY LRS. v. SHIBU BODHAK 481 & ORS. dated 19.9.2000 and subsequent proceedings thereto, vide order A in appeal dated 7.5.2004. [Para 18] [488-H; 489-A-D] CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3932 of 2009. From the Judgment and Order dated 07.05.2004 of the High Court Bof Calcutta in W.P.L.…
Also on Law on Tips: Bare Acts · Legal news and analysis