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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.
1,801–1,820 · Page 91 of 382
Supreme Court of India22 Feb 2018Full text
2018 INSC 185 · [2018] 2 S.C.R. 1005
(Qualification, Experience and Other Conditions of Service of Members) Rules, 2017. CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 279 of 2017 Under Article 32 of the Constitution of India. F WITH W. P. (C) Nos. 558, 561, 640, 1016, 788, 925, 1098 and 1129 of 2017 W. P. (C) No. 33 of 2018. Arvind P. Datar, C. …
Supreme Court of India21 Feb 2018Full text
2018 INSC 184 · [2018] 1 S.C.R. 1085
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.
1,801–1,820 · Page 91 of 382
Supreme Court of India22 Feb 2018Full text
2018 INSC 185 · [2018] 2 S.C.R. 1005
(Qualification, Experience and Other Conditions of Service of Members) Rules, 2017. CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 279 of 2017 Under Article 32 of the Constitution of India. F WITH W. P. (C) Nos. 558, 561, 640, 1016, 788, 925, 1098 and 1129 of 2017 W. P. (C) No. 33 of 2018. Arvind P. Datar, C. …
Supreme Court of India21 Feb 2018Full text
2018 INSC 184 · [2018] 1 S.C.R. 1085
in the additional documents – Matter remitted to High Court to decide the appeal afresh after giving opportunity to opposite party to lead evidence in rebuttal – Principles of Natural Justice. Allowing the appeal, the Court HELD: 1. Order LXI, Rule 27 of the CPC, which deals F with the provision of additional evidence …
Supreme Court of India21 Feb 2018Full text
2018 INSC 183 · [2018] 2 S.C.R. 814
– Disciplinary Committee agreed with the finding, however reduced the punishment – Respondent debarred for 18 months along with fine of Rs. 25,000/- – Review petition by respondent – Allowed by the Bar Council directing fresh consideration of the matter – On appeal, held: When the review power of the BCI is examined, i…
Supreme Court of India21 Feb 2018Full text
2018 INSC 182 · [2018] 2 S.C.R. 752
– Some claims were rejected while others were allowed by Tribunal – On appeal, held: A perusal of Order dtd. 21.11.1997 indicates that what was conveyed by the said order was sanction of the President for improvement of pay scales of the Officers, w.e.f. E 01.01.1996 – Word used in the order is “pay scales” of the offi…
Supreme Court of India20 Feb 2018Full text
2018 INSC 179 · [2018] 1 S.C.R. 1076
D WITH C.A. No.5924 of 2013, S.L.P (C) Nos.28817, 28801, 28811, 28816, 28805 of 2014 and S.L.P (C) No….. of 2018 (@ Diary No.15951 of 2017). E Tushar Mehta, ASG, Naresh Kaushik, Ms. Binu Tamta, Dhruv Tamta, Vardhman Kaushik, Omung Raj Gupta, Karan D. Baghel, Devik Singh, Manoj Joshi, Ms. Lalita Kaushik, Kumar Shashank,…
Supreme Court of India20 Feb 2018Full text
2018 INSC 178 · [2018] 2 S.C.R. 277
Public Premises (Eviction of Unauthorised Occupants) Act, 1971: E s.9 – Order of District Judge – In exercise of power u/s. 9 as an Appellate Officer – Whether such order is passed in capacity of a Civil Court or persona designata – Held: Power exercised by Appellate Officer u/s. 9 is a judicial power and not executive…
Supreme Court of India19 Feb 2018Full text
2018 INSC 172 · [2018] 1 S.C.R. 1128
1128 SUPREME COURT[2018]REPORTSS.C.R. 1128 [2018] 1 S.C.R. A COMMISSIONER OF SERVICE TAX ETC. v. M/S. BHAYANA BUILDERS (P) LTD. ETC. (Civil Appeal Nos. 1335-1358 of 2015) B FEBRUARY 19, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Finance Act, 1994 – s. 65(105)(zzq) and 67 – Service tax – On construction C services – Valu…
Supreme Court of India19 Feb 2018Full text
2018 INSC 170 · [2018] 1 S.C.R. 1063
the substantial question of law for the first time and simultaneously answered the said question in appellant’s favour – High Court was under a legal obligation to frame the substantial question at the time of admission of the appeal after hearing the appellant or/and his counsel under sub-section (4) of s. 100 – High …
Supreme Court of India16 Feb 2018Full text
2018 INSC 168 · [2018] 10 S.C.R. 348
1970 – Constitution of India – Art.32. Judicial Service – Delhi Judicial Service Examination, 2015 – Minimum marks for viva voice – Reasonability of – One of the petitioners was awarded 37% marks; whereas the required minimum was 45% in viva voce – Total 64 candidates were called for interview G and 63 were selected – …
Supreme Court of India16 Feb 2018Full text
2018 INSC 166 · [2018] 2 S.C.R. 656
– In absence of any animosity between the police party and the F accused and having regard to the large quantity of contraband that was recovered (18.85 kgs.), it is unlikely that the contraband was planted/foisted in the vehicle of accused persons – Further, w.r.t. condition of the contraband parcel, the prosecution w…
Supreme Court of India16 Feb 2018Full text
2018 INSC 165 · [2018] 1 S.C.R. 1035
[2018] 1 S.C.R. 1035 1035 A. A. PADMANBHAN A v. THE STATE OF KERALA & ORS. (Civil Appeal No. 2206 of 2018 etc.) FEBRUARY 16, 2018 B [A.K. SIKRI AND ASHOK BHUSHAN, JJ.] Kerala Education Act, 1958: s. 15(1) – Taking over of school by State Government – Propriety of – Appellants (managers of private aided schools) were C …
Supreme Court of India16 Feb 2018Full text
2018 INSC 164 · [2018] 2 S.C.R. 892
892 SUPREME COURT[2018]REPORTS2 S.C.R. 892 [2018] 2 S.C.R. A LOK PRAHARI, THROUGH ITS GENERAL SECRETARY S. N. SHUKLA v. UNION OF INDIA & OTHERS B WRIT PETITION (C) No. 784 OF 2015 FEBRUARY 16, 2018 [J. CHELAMESWAR AND S. ABDUL NAZEER, JJ.] The Representation of the People Act, 1951 – Chapter II, Part III – ss.2(g), 7(b…
Supreme Court of India16 Feb 2018Full text
2018 INSC 163 · [2018] 2 S.C.R. 667
Allowing the appeals, the Court HELD: 1.1 Para 3 of the Government Order dated 19.05.2017 provides that the extension of benefits to those officers who retired Pre-2006 is on following conditions:-H 667 668 SUPREME COURT REPORTS [2018] 2 S.C.R. A (a) Their disability was accepted as attributable to or aggravated by mil…
Supreme Court of India16 Feb 2018Full text
2018 INSC 162 · [2018] 10 S.C.R. 390
390 SUPREME COURT[2018] REPORTS10 S.C.R. 390 [2018] 10 S.C.R. A TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD. AND OTHERS v. M/s. GMR VEMAGIRI POWER GENERATION LTD. AND ANOTHER B (Civil Appeal No. 8747 of 2014) FEBRUARY 16, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Contract – Power Purchase Agreement (PPA) – Interpret…
Supreme Court of India16 Feb 2018Full text
2018 INSC 161 · [2018] 1 S.C.R. 482
decree passed by the High Court is set aside. Allowing the appeal, the Court HELD: 1.1 In the instant appeal, the material on record clearly indicates that the respondent did not have the necessary funds available with him to pay the balance consideration. His H 482 KALAWATI (D) THROUGH LRS. v. RAKESH KUMAR 483 low inc…
Supreme Court of India10 Jan 2018Full text
2018 INSC 16 · [2018] 1 S.C.R. 797
thereon in favour of defendant no.6 – High Court accepted the plea of defendant no.6 that the land was acquired during the pendency of appeal and, therefore, decree for specific performance was not maintainable and modified the decree by ordering respondent no.2 to 6 to pay full consideration amount to appellant with i…
Supreme Court of India16 Feb 2018Full text
2018 INSC 159 · [2018] 2 S.C.R. 679
[2018] 2 S.C.R. 679 679 JAYANT VERMA & ORS. A v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 134 of 2013) FEBRUARY 16, 2018 B [R. F. NARIMAN AND NAVIN SINHA, JJ.] Banking Regulation Act, 1949 – s.21A – Constitutional validity of – Held: s.21A is valid as it is part of an enactment which, in pith and substance, is …
Supreme Court of India16 Feb 2018Full text
2018 INSC 158 · [2018] 2 S.C.R. 661
Dinesh alias Buddha v. State of Rajasthan (2006) 3 SCC 771 : [2006] 2 SCR 793 – referred to. G Case Law Reference [2006] 2 SCR 793 referred to Para 10 H SHAJAHAN v. STATE REP. BY INSPECTOR OF POLICE 663 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal A Nos. 697-698 of 2012. From the Judgment and Order dated 03.09.201…
Supreme Court of India16 Feb 2018Full text
2018 INSC 156 · [2018] 10 S.C.R. 481
and restored the order of the CIT and held that since there is no express power in the Act for cancelling the registration certificate u/s.12-A and hence power to cancel can be traced from s.21 of the General Clauses Act to support such order – Propriety of – Held: Not proper – There was no express provision in the Act…
Supreme Court of India16 Feb 2018Full text
2018 INSC 155 · [2018] 1 S.C.R. 476
– Conduct of respondent is contemptuous – It seems that since respondent got off very lightly in the earlier contempt proceedings, G she felt that she could take the law into her own hands – Respondent not only wilfully and knowingly disobeyed the interim order of this Court, but also violated her solemn undertaking gi…
Also on Law on Tips: Bare Acts · Legal news and analysis
in the additional documents – Matter remitted to High Court to decide the appeal afresh after giving opportunity to opposite party to lead evidence in rebuttal – Principles of Natural Justice. Allowing the appeal, the Court HELD: 1. Order LXI, Rule 27 of the CPC, which deals F with the provision of additional evidence …
Supreme Court of India21 Feb 2018Full text
2018 INSC 183 · [2018] 2 S.C.R. 814
– Disciplinary Committee agreed with the finding, however reduced the punishment – Respondent debarred for 18 months along with fine of Rs. 25,000/- – Review petition by respondent – Allowed by the Bar Council directing fresh consideration of the matter – On appeal, held: When the review power of the BCI is examined, i…
Supreme Court of India21 Feb 2018Full text
2018 INSC 182 · [2018] 2 S.C.R. 752
– Some claims were rejected while others were allowed by Tribunal – On appeal, held: A perusal of Order dtd. 21.11.1997 indicates that what was conveyed by the said order was sanction of the President for improvement of pay scales of the Officers, w.e.f. E 01.01.1996 – Word used in the order is “pay scales” of the offi…
Supreme Court of India20 Feb 2018Full text
2018 INSC 179 · [2018] 1 S.C.R. 1076
D WITH C.A. No.5924 of 2013, S.L.P (C) Nos.28817, 28801, 28811, 28816, 28805 of 2014 and S.L.P (C) No….. of 2018 (@ Diary No.15951 of 2017). E Tushar Mehta, ASG, Naresh Kaushik, Ms. Binu Tamta, Dhruv Tamta, Vardhman Kaushik, Omung Raj Gupta, Karan D. Baghel, Devik Singh, Manoj Joshi, Ms. Lalita Kaushik, Kumar Shashank,…
Supreme Court of India20 Feb 2018Full text
2018 INSC 178 · [2018] 2 S.C.R. 277
Public Premises (Eviction of Unauthorised Occupants) Act, 1971: E s.9 – Order of District Judge – In exercise of power u/s. 9 as an Appellate Officer – Whether such order is passed in capacity of a Civil Court or persona designata – Held: Power exercised by Appellate Officer u/s. 9 is a judicial power and not executive…
Supreme Court of India19 Feb 2018Full text
2018 INSC 172 · [2018] 1 S.C.R. 1128
1128 SUPREME COURT[2018]REPORTSS.C.R. 1128 [2018] 1 S.C.R. A COMMISSIONER OF SERVICE TAX ETC. v. M/S. BHAYANA BUILDERS (P) LTD. ETC. (Civil Appeal Nos. 1335-1358 of 2015) B FEBRUARY 19, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Finance Act, 1994 – s. 65(105)(zzq) and 67 – Service tax – On construction C services – Valu…
Supreme Court of India19 Feb 2018Full text
2018 INSC 170 · [2018] 1 S.C.R. 1063
the substantial question of law for the first time and simultaneously answered the said question in appellant’s favour – High Court was under a legal obligation to frame the substantial question at the time of admission of the appeal after hearing the appellant or/and his counsel under sub-section (4) of s. 100 – High …
Supreme Court of India16 Feb 2018Full text
2018 INSC 168 · [2018] 10 S.C.R. 348
1970 – Constitution of India – Art.32. Judicial Service – Delhi Judicial Service Examination, 2015 – Minimum marks for viva voice – Reasonability of – One of the petitioners was awarded 37% marks; whereas the required minimum was 45% in viva voce – Total 64 candidates were called for interview G and 63 were selected – …
Supreme Court of India16 Feb 2018Full text
2018 INSC 166 · [2018] 2 S.C.R. 656
– In absence of any animosity between the police party and the F accused and having regard to the large quantity of contraband that was recovered (18.85 kgs.), it is unlikely that the contraband was planted/foisted in the vehicle of accused persons – Further, w.r.t. condition of the contraband parcel, the prosecution w…
Supreme Court of India16 Feb 2018Full text
2018 INSC 165 · [2018] 1 S.C.R. 1035
[2018] 1 S.C.R. 1035 1035 A. A. PADMANBHAN A v. THE STATE OF KERALA & ORS. (Civil Appeal No. 2206 of 2018 etc.) FEBRUARY 16, 2018 B [A.K. SIKRI AND ASHOK BHUSHAN, JJ.] Kerala Education Act, 1958: s. 15(1) – Taking over of school by State Government – Propriety of – Appellants (managers of private aided schools) were C …
Supreme Court of India16 Feb 2018Full text
2018 INSC 164 · [2018] 2 S.C.R. 892
892 SUPREME COURT[2018]REPORTS2 S.C.R. 892 [2018] 2 S.C.R. A LOK PRAHARI, THROUGH ITS GENERAL SECRETARY S. N. SHUKLA v. UNION OF INDIA & OTHERS B WRIT PETITION (C) No. 784 OF 2015 FEBRUARY 16, 2018 [J. CHELAMESWAR AND S. ABDUL NAZEER, JJ.] The Representation of the People Act, 1951 – Chapter II, Part III – ss.2(g), 7(b…
Supreme Court of India16 Feb 2018Full text
2018 INSC 163 · [2018] 2 S.C.R. 667
Allowing the appeals, the Court HELD: 1.1 Para 3 of the Government Order dated 19.05.2017 provides that the extension of benefits to those officers who retired Pre-2006 is on following conditions:-H 667 668 SUPREME COURT REPORTS [2018] 2 S.C.R. A (a) Their disability was accepted as attributable to or aggravated by mil…
Supreme Court of India16 Feb 2018Full text
2018 INSC 162 · [2018] 10 S.C.R. 390
390 SUPREME COURT[2018] REPORTS10 S.C.R. 390 [2018] 10 S.C.R. A TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD. AND OTHERS v. M/s. GMR VEMAGIRI POWER GENERATION LTD. AND ANOTHER B (Civil Appeal No. 8747 of 2014) FEBRUARY 16, 2018 [R. F. NARIMAN AND NAVIN SINHA, JJ.] Contract – Power Purchase Agreement (PPA) – Interpret…
Supreme Court of India16 Feb 2018Full text
2018 INSC 161 · [2018] 1 S.C.R. 482
decree passed by the High Court is set aside. Allowing the appeal, the Court HELD: 1.1 In the instant appeal, the material on record clearly indicates that the respondent did not have the necessary funds available with him to pay the balance consideration. His H 482 KALAWATI (D) THROUGH LRS. v. RAKESH KUMAR 483 low inc…
Supreme Court of India10 Jan 2018Full text
2018 INSC 16 · [2018] 1 S.C.R. 797
thereon in favour of defendant no.6 – High Court accepted the plea of defendant no.6 that the land was acquired during the pendency of appeal and, therefore, decree for specific performance was not maintainable and modified the decree by ordering respondent no.2 to 6 to pay full consideration amount to appellant with i…
Supreme Court of India16 Feb 2018Full text
2018 INSC 159 · [2018] 2 S.C.R. 679
[2018] 2 S.C.R. 679 679 JAYANT VERMA & ORS. A v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 134 of 2013) FEBRUARY 16, 2018 B [R. F. NARIMAN AND NAVIN SINHA, JJ.] Banking Regulation Act, 1949 – s.21A – Constitutional validity of – Held: s.21A is valid as it is part of an enactment which, in pith and substance, is …
Supreme Court of India16 Feb 2018Full text
2018 INSC 158 · [2018] 2 S.C.R. 661
Dinesh alias Buddha v. State of Rajasthan (2006) 3 SCC 771 : [2006] 2 SCR 793 – referred to. G Case Law Reference [2006] 2 SCR 793 referred to Para 10 H SHAJAHAN v. STATE REP. BY INSPECTOR OF POLICE 663 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal A Nos. 697-698 of 2012. From the Judgment and Order dated 03.09.201…
Supreme Court of India16 Feb 2018Full text
2018 INSC 156 · [2018] 10 S.C.R. 481
and restored the order of the CIT and held that since there is no express power in the Act for cancelling the registration certificate u/s.12-A and hence power to cancel can be traced from s.21 of the General Clauses Act to support such order – Propriety of – Held: Not proper – There was no express provision in the Act…
Supreme Court of India16 Feb 2018Full text
2018 INSC 155 · [2018] 1 S.C.R. 476
– Conduct of respondent is contemptuous – It seems that since respondent got off very lightly in the earlier contempt proceedings, G she felt that she could take the law into her own hands – Respondent not only wilfully and knowingly disobeyed the interim order of this Court, but also violated her solemn undertaking gi…
Also on Law on Tips: Bare Acts · Legal news and analysis