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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.
1,761–1,780 · Page 89 of 382
Supreme Court of India12 Mar 2018Full text
2018 INSC 226 · [2018] 3 S.C.R. 633
Non-reasoned order – Sustenance of – Writ petition before High Court, challenging land acquisition proceeding, allowed by C Single Judge of High Court – Division Bench of High Court in writ appeal set aside the order of Single Judge on the ground that the order was non-reasoned – Review petition dismissed – On appeal, …
Supreme Court of India9 Mar 2018Full text
2018 INSC 225 · [2018] 5 S.C.R. 471
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.
1,761–1,780 · Page 89 of 382
Supreme Court of India12 Mar 2018Full text
2018 INSC 226 · [2018] 3 S.C.R. 633
Non-reasoned order – Sustenance of – Writ petition before High Court, challenging land acquisition proceeding, allowed by C Single Judge of High Court – Division Bench of High Court in writ appeal set aside the order of Single Judge on the ground that the order was non-reasoned – Review petition dismissed – On appeal, …
Supreme Court of India9 Mar 2018Full text
2018 INSC 225 · [2018] 5 S.C.R. 471
the ship owned by a third party – Maintainability of – On facts, award of contract by ONGC to a foreign company for carrying seismic survey operations off the coast of Gujarat – Foreign company in turn entered into a Charter Party Agreement to charter the vessel-respondent vessel – Charterer further entered into contra…
Supreme Court of India9 Mar 2018Full text
2018 INSC 224 · [2018] 11 S.C.R. 511
– Or. XXI, r.1. H 511 512 SUPREME COURT REPORTS [2018] 11 S.C.R. A Code of Civil Procedure, 1908 – s.34(2) – Interest – Payment of – Contract between appellant and respondent for construction of dam – Notification issued escalating minimum wages payable to workers – Writ petitions filed by respondent claiming labour es…
Supreme Court of India8 Mar 2018Full text
2018 INSC 221 · [2018] 3 S.C.R. 627
refusing the registration of the review petition, i.e., it will result in rejection of the review petition – Application filed by appellants filed for setting aside the said order, dismissed by Single Judge on ground of delay – On appeal, held: As far as possible, procedural laws should not be construed like a penal pr…
Supreme Court of India8 Mar 2018Full text
2018 INSC 220 · [2018] 3 S.C.R. 583
2. It was rightly observed that the phone was filed and keeping the phone in a sealed cover or the allegation of non-supply of the chip alleged to be violative of Section 81(3) of the said Act is not a plea which can be accepted. At best these are all matters for trial. Similarly copies of the documents were H ABDULRAS…
Supreme Court of India8 Mar 2018Full text
2018 INSC 219 · [2018] 3 S.C.R. 596
Nair, Ranvee Dahiya, Nachiketa Vajpayee, Ms. Sree Devi, P. V. Dinesh, Advs. for the Appellant. Sriram P, Vishnu Sankar, Advs. for the Respondents. H 598 SUPREME COURT REPORTS [2018] 3 S.C.R. A The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. These appeals are directed against the …
Supreme Court of India7 Mar 2018Full text
2018 INSC 218 · [2018] 3 S.C.R. 567
WITH B Civil Appeal Nos. 2594-2597, 2556-2592, 2547-2555 of 2018. Tushar Mehta, ASG, Colin Gonsalves, Sr. Adv., Nikhil Goel, Ms. Naveen Goel, Ashutosh Ghade, Ms. Aditi Gupta, Satya Mitra, Advs. for the appearing parties. The Judgment of the Court was delivered by C ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. These app…
Supreme Court of India7 Mar 2018Full text
2018 INSC 217 · [2018] 10 S.C.R. 309
[2018] 10 S.C.R. 309 309 UNION OF INDIA & ANR. A v. M/S. INTERCONTINENTAL CONSULTANTS AND TECHNOCRATS PVT. LTD. (Civil Appeal No. 2013 of 2014) B MARCH 07, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Service Tax (Determination of Value) Rules, 2006 – r.5 – If ultra vires the provisions of ss.66, 67 of 1994 Act – Responde…
Supreme Court of India7 Mar 2018Full text
2018 INSC 216 · [2018] 3 S.C.R. 196
Referring the matter to larger Bench, the Court B HELD: 1.1 The decisions in *Rowther- I, **Rowther- II, ***Sriyanesh Knitters, ****Forbes-II and *****Rasiklal do not seem to follow a consistent line about whom the Port Trust has to fasten the liability for payment of its charges. (ii) The Constitution Bench judgment i…
Supreme Court of India6 Mar 2018Full text
2018 INSC 215 · [2018] 3 S.C.R. 1
different proceeding in which Order dated 08.05.2015 was passed – When release of iron ore on an application filed by the State under ss.451/457 CrPC was in a different proceeding, there was no effect or consequence of acceptance of the final report vide Order dated 15.12.2015 in case Crime No. 2/2014 – High Court erre…
Supreme Court of India6 Mar 2018Full text
2018 INSC 214 · [2018] 3 S.C.R. 103
E Dismissing the appeal, the Court HELD: 1.1 Appeal No. 91 of 2004 was filed by several appellants, out of which one of the appellants was SMV, who died on 02.03.2005. The application for withdrawal of the appeal was filed on 18.07.2006. One of the respondents before the High F Court, took it upon herself to say that t…
Supreme Court of India6 Mar 2018Full text
2018 INSC 213 · [2018] 3 S.C.R. 137
137 138 SUPREME COURT REPORTS [2018] 3 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The post of Adhyaksha of Zilla Panchayat is a public office in relation to which a writ of quo warranto can be issued, if the post is occupied by a person who is not eligible to be so appointed or incurs disqualification to continu…
Supreme Court of India6 Mar 2018Full text
2018 INSC 212 · [2018] 3 S.C.R. 601
HELD: 1. Rule 3(5) (d) of Rajasthan Municipalities Election Petition Rules, 2009 commands that the election petition shall be accompanied by the treasury challan. The word used in the F Rule is ‘accompanied’ and the term ‘accompany’ means to co-exist or go along. There cannot be a separation or segregation. The electio…
Supreme Court of India6 Mar 2018Full text
2018 INSC 211 · [2018] 3 S.C.R. 20
20 SUPREME COURT[2018]REPORTS3 S.C.R. 20 [2018] 3 S.C.R. A JAGDISH v. MOHAN & ORS. (Civil Appeal No. 2217 of 2018) B MARCH 06, 2018 [DIPAK MISRA, CJI, A.M. KHANWILKAR AND DR. D.Y. CHANDRACHUD, JJ.] Motor accident: Compensation – Enhancement – Self employed, skilled carpenter met with motor accident – Income taken C as …
Supreme Court of India6 Mar 2018Full text
2018 INSC 210 · [2018] 3 S.C.R. 29
2016 and 3 February 2016. The appellant moved the High Court which restrained the bank and the auction purchaser from executing the sale deed until 15 March 2016. The stay was extended till 28 March 2016 by which date the appellant was to deposit an amount of Rs 7,00,000/-. The balance was required to C be deposited by…
Supreme Court of India10 Jan 2018Full text
2018 INSC 21 · [2018] 1 S.C.R. 146
G Environment clearance for construction project – Application for – Held: Need to have more single window clearance, so that there is less uncertainty and better enforcement. H 146 SECY., KERALA STATE COASTAL MNGMT. AUTH. v. DLF 147 UNIVERSAL LTD. Disposing of the appeals, the Court A HELD: 1.1 The importance of envir…
Supreme Court of India6 Mar 2018Full text
2018 INSC 209 · [2018] 3 S.C.R. 17
Allowing the appeal, the Court G HELD : The issue which arises before the Court is not res integra and is covered by a judgment of a three Judges of this Court in Mukund Dewangan v Oriental Insurance Company Limited. The order of the Tribunal absolving the insurer shall accordingly stand set aside. The liability shall …
Supreme Court of India6 Mar 2018Full text
2018 INSC 208 · [2018] 3 S.C.R. 12
R. Nedumaran, Adv for the Appellant. Ambhoj Kumar Sinha, Adv for the Respondent. H 14 SUPREME COURT REPORTS [2018] 3 S.C.R. A The Judgment of the Court was delivered by DR. D.Y. CHANDRACHUD, J. 1. Delay condoned. 2. The claim arises out of a disability sustained as a result of a motor accident. The Tribunal granted com…
Supreme Court of India6 Mar 2018Full text
2018 INSC 207 · [2018] 3 S.C.R. 42
ICICI LOMBARD GENERAL INSURANCE CO. LTD. v. AJAY 43 KUMAR MOHANTY & ANR. the tribunal thereafter noted that the average income comes to A Rs. 2,62,372/-. Ultimately, the tribunal proceeded on the annual income of Rs. 2,22,000/- on the basis of the testimony of the claimant that he was earning Rs. 18,500/- per month. Th…
Supreme Court of India6 Mar 2018Full text
2018 INSC 206 · [2018] 3 S.C.R. 36
(O & M). R. K. Kapoor, Rajat Kapoor, Ms. Rekha Giri, Anis Ahmed Khan, Balbir Singh Gupta, Advs for the Appellant. Shish Pal Laler, Sonit Sinhmar, Devesh Kumar Tripathi, Advs for the Respondents. E The Judgment of the Court was delivered by DR. D.Y. CHANDRACHUD, J. 1. Delay condoned. 2. In a claim for compensation under…
Also on Law on Tips: Bare Acts · Legal news and analysis
the ship owned by a third party – Maintainability of – On facts, award of contract by ONGC to a foreign company for carrying seismic survey operations off the coast of Gujarat – Foreign company in turn entered into a Charter Party Agreement to charter the vessel-respondent vessel – Charterer further entered into contra…
Supreme Court of India9 Mar 2018Full text
2018 INSC 224 · [2018] 11 S.C.R. 511
– Or. XXI, r.1. H 511 512 SUPREME COURT REPORTS [2018] 11 S.C.R. A Code of Civil Procedure, 1908 – s.34(2) – Interest – Payment of – Contract between appellant and respondent for construction of dam – Notification issued escalating minimum wages payable to workers – Writ petitions filed by respondent claiming labour es…
Supreme Court of India8 Mar 2018Full text
2018 INSC 221 · [2018] 3 S.C.R. 627
refusing the registration of the review petition, i.e., it will result in rejection of the review petition – Application filed by appellants filed for setting aside the said order, dismissed by Single Judge on ground of delay – On appeal, held: As far as possible, procedural laws should not be construed like a penal pr…
Supreme Court of India8 Mar 2018Full text
2018 INSC 220 · [2018] 3 S.C.R. 583
2. It was rightly observed that the phone was filed and keeping the phone in a sealed cover or the allegation of non-supply of the chip alleged to be violative of Section 81(3) of the said Act is not a plea which can be accepted. At best these are all matters for trial. Similarly copies of the documents were H ABDULRAS…
Supreme Court of India8 Mar 2018Full text
2018 INSC 219 · [2018] 3 S.C.R. 596
Nair, Ranvee Dahiya, Nachiketa Vajpayee, Ms. Sree Devi, P. V. Dinesh, Advs. for the Appellant. Sriram P, Vishnu Sankar, Advs. for the Respondents. H 598 SUPREME COURT REPORTS [2018] 3 S.C.R. A The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. These appeals are directed against the …
Supreme Court of India7 Mar 2018Full text
2018 INSC 218 · [2018] 3 S.C.R. 567
WITH B Civil Appeal Nos. 2594-2597, 2556-2592, 2547-2555 of 2018. Tushar Mehta, ASG, Colin Gonsalves, Sr. Adv., Nikhil Goel, Ms. Naveen Goel, Ashutosh Ghade, Ms. Aditi Gupta, Satya Mitra, Advs. for the appearing parties. The Judgment of the Court was delivered by C ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. These app…
Supreme Court of India7 Mar 2018Full text
2018 INSC 217 · [2018] 10 S.C.R. 309
[2018] 10 S.C.R. 309 309 UNION OF INDIA & ANR. A v. M/S. INTERCONTINENTAL CONSULTANTS AND TECHNOCRATS PVT. LTD. (Civil Appeal No. 2013 of 2014) B MARCH 07, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Service Tax (Determination of Value) Rules, 2006 – r.5 – If ultra vires the provisions of ss.66, 67 of 1994 Act – Responde…
Supreme Court of India7 Mar 2018Full text
2018 INSC 216 · [2018] 3 S.C.R. 196
Referring the matter to larger Bench, the Court B HELD: 1.1 The decisions in *Rowther- I, **Rowther- II, ***Sriyanesh Knitters, ****Forbes-II and *****Rasiklal do not seem to follow a consistent line about whom the Port Trust has to fasten the liability for payment of its charges. (ii) The Constitution Bench judgment i…
Supreme Court of India6 Mar 2018Full text
2018 INSC 215 · [2018] 3 S.C.R. 1
different proceeding in which Order dated 08.05.2015 was passed – When release of iron ore on an application filed by the State under ss.451/457 CrPC was in a different proceeding, there was no effect or consequence of acceptance of the final report vide Order dated 15.12.2015 in case Crime No. 2/2014 – High Court erre…
Supreme Court of India6 Mar 2018Full text
2018 INSC 214 · [2018] 3 S.C.R. 103
E Dismissing the appeal, the Court HELD: 1.1 Appeal No. 91 of 2004 was filed by several appellants, out of which one of the appellants was SMV, who died on 02.03.2005. The application for withdrawal of the appeal was filed on 18.07.2006. One of the respondents before the High F Court, took it upon herself to say that t…
Supreme Court of India6 Mar 2018Full text
2018 INSC 213 · [2018] 3 S.C.R. 137
137 138 SUPREME COURT REPORTS [2018] 3 S.C.R. A Allowing the appeal, the Court HELD: 1.1 The post of Adhyaksha of Zilla Panchayat is a public office in relation to which a writ of quo warranto can be issued, if the post is occupied by a person who is not eligible to be so appointed or incurs disqualification to continu…
Supreme Court of India6 Mar 2018Full text
2018 INSC 212 · [2018] 3 S.C.R. 601
HELD: 1. Rule 3(5) (d) of Rajasthan Municipalities Election Petition Rules, 2009 commands that the election petition shall be accompanied by the treasury challan. The word used in the F Rule is ‘accompanied’ and the term ‘accompany’ means to co-exist or go along. There cannot be a separation or segregation. The electio…
Supreme Court of India6 Mar 2018Full text
2018 INSC 211 · [2018] 3 S.C.R. 20
20 SUPREME COURT[2018]REPORTS3 S.C.R. 20 [2018] 3 S.C.R. A JAGDISH v. MOHAN & ORS. (Civil Appeal No. 2217 of 2018) B MARCH 06, 2018 [DIPAK MISRA, CJI, A.M. KHANWILKAR AND DR. D.Y. CHANDRACHUD, JJ.] Motor accident: Compensation – Enhancement – Self employed, skilled carpenter met with motor accident – Income taken C as …
Supreme Court of India6 Mar 2018Full text
2018 INSC 210 · [2018] 3 S.C.R. 29
2016 and 3 February 2016. The appellant moved the High Court which restrained the bank and the auction purchaser from executing the sale deed until 15 March 2016. The stay was extended till 28 March 2016 by which date the appellant was to deposit an amount of Rs 7,00,000/-. The balance was required to C be deposited by…
Supreme Court of India10 Jan 2018Full text
2018 INSC 21 · [2018] 1 S.C.R. 146
G Environment clearance for construction project – Application for – Held: Need to have more single window clearance, so that there is less uncertainty and better enforcement. H 146 SECY., KERALA STATE COASTAL MNGMT. AUTH. v. DLF 147 UNIVERSAL LTD. Disposing of the appeals, the Court A HELD: 1.1 The importance of envir…
Supreme Court of India6 Mar 2018Full text
2018 INSC 209 · [2018] 3 S.C.R. 17
Allowing the appeal, the Court G HELD : The issue which arises before the Court is not res integra and is covered by a judgment of a three Judges of this Court in Mukund Dewangan v Oriental Insurance Company Limited. The order of the Tribunal absolving the insurer shall accordingly stand set aside. The liability shall …
Supreme Court of India6 Mar 2018Full text
2018 INSC 208 · [2018] 3 S.C.R. 12
R. Nedumaran, Adv for the Appellant. Ambhoj Kumar Sinha, Adv for the Respondent. H 14 SUPREME COURT REPORTS [2018] 3 S.C.R. A The Judgment of the Court was delivered by DR. D.Y. CHANDRACHUD, J. 1. Delay condoned. 2. The claim arises out of a disability sustained as a result of a motor accident. The Tribunal granted com…
Supreme Court of India6 Mar 2018Full text
2018 INSC 207 · [2018] 3 S.C.R. 42
ICICI LOMBARD GENERAL INSURANCE CO. LTD. v. AJAY 43 KUMAR MOHANTY & ANR. the tribunal thereafter noted that the average income comes to A Rs. 2,62,372/-. Ultimately, the tribunal proceeded on the annual income of Rs. 2,22,000/- on the basis of the testimony of the claimant that he was earning Rs. 18,500/- per month. Th…
Supreme Court of India6 Mar 2018Full text
2018 INSC 206 · [2018] 3 S.C.R. 36
(O & M). R. K. Kapoor, Rajat Kapoor, Ms. Rekha Giri, Anis Ahmed Khan, Balbir Singh Gupta, Advs for the Appellant. Shish Pal Laler, Sonit Sinhmar, Devesh Kumar Tripathi, Advs for the Respondents. E The Judgment of the Court was delivered by DR. D.Y. CHANDRACHUD, J. 1. Delay condoned. 2. In a claim for compensation under…
Also on Law on Tips: Bare Acts · Legal news and analysis