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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.
1,861–1,880 · Page 94 of 382
Supreme Court of India14 Dec 2018Full text
2018 INSC 1203 · [2018] 14 S.C.R. 1273
1273 1274 SUPREME COURT REPORTS [2018] 14 S.C.R. A to be extended in other two categories – Further, the judgments in three cases mentioned were rendered by the two-Judge Benches in which cases the amendment made by 1969 Act were neither raised or considered – Thus, ratio laid down in these judgments needs to be recons…
Supreme Court of India14 Dec 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.
1,861–1,880 · Page 94 of 382
Supreme Court of India14 Dec 2018Full text
2018 INSC 1203 · [2018] 14 S.C.R. 1273
1273 1274 SUPREME COURT REPORTS [2018] 14 S.C.R. A to be extended in other two categories – Further, the judgments in three cases mentioned were rendered by the two-Judge Benches in which cases the amendment made by 1969 Act were neither raised or considered – Thus, ratio laid down in these judgments needs to be recons…
Supreme Court of India14 Dec 2018Full text
2018 INSC 1202 · [2018] 14 S.C.R. 860
and Order dated 20.11.2006 of the High Court of Judicature at Bombay in Writ Petition (PIL) No. 637 of 2003. Atul Yeshwant Chitale, Sr. Adv., Ms. Ekta Kapil, Ms. Anuradha Dutt, Ms. Fereshte D.…
Supreme Court of India13 Dec 2018Full text
2018 INSC 1201 · [2018] 13 S.C.R. 1286
1286 SUPREME COURT[2018] 13REPORTSS.C.R. 1286 [2018] 13 S.C.R. A DR. ASHWANI KUMAR v. UNION OF INDIA & ORS. (Writ Petition (C) No. 193 of 2016) DECEMBER 13, 2018 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Social Justice: Rights of elderly persons – Writ petition u/Art. 32 of Constitution – Seeking enforcement of rights o…
Supreme Court of India13 Dec 2018Full text
2018 INSC 1198 · [2018] 13 S.C.R. 621
Allowing the appeal, the Court G HELD: 1. PW-2, who is the complainant, has deposed to the genesis of the incident. According to him, the deceased was seized upon by the respondent (together with the two co-accused). The respondent, inflicted an axe blow on the skull of the deceased. The evidence of PW-2 on the involve…
Supreme Court of India13 Dec 2018Full text
2018 INSC 1197 · [2018] 13 S.C.R. 950
Disposing of the appeal, the Court HELD: 1. Section 451 of the CrPC which deals with the disposal of property empowers the court before which the property is produced during an inquiry or trial to make such order as it E thinks fit or for its proper custody pending the disposal of the inquiry or trial. Section 452 prov…
Supreme Court of India12 Dec 2018Full text
2018 INSC 1196 · [2018] 14 S.C.R. 926
– NCLT was absolutely correct in applying s.238 of the Code to an G independent proceeding instituted by a secured financial creditor, namely, respondent no.3 – High Court was not right in stating that the proceedings before the NCLT were without jurisdiction – Proceedings before NCLT to be continued from the stage at …
Supreme Court of India12 Dec 2018Full text
2018 INSC 1195 · [2018] 14 S.C.R. 1214
G WITH Civil Appeal Nos. 12029-12030 of 2018 Civil Appeal Nos. 12031-12032 of 2018 Civil Appeal Nos. 12027-12028 of 2018 H 1214 BIJAY KUMAR MANISH KUMAR HUF v. ASHWIN DESAI 1215 Jaideep Gupta, Sr. Adv., Ganesh Shaw, Kunal Chatterji, A Ms. Maitrayee Banerjee, Saurav Gupta, Advs. for the Appellant. Siddharth Bhatnagar, M…
Supreme Court of India12 Dec 2018Full text
2018 INSC 1194 · [2018] 14 S.C.R. 585
[2018] 14 S.C.R. 585 585 RAJENDRA PRALHADRAO WASNIK A v. STATE OF MAHARASHTRA (Review Petition (Criminal) Nos. 306-307 of 2013) in B (Criminal Appeal Nos. 145-146 of 2011) DECEMBER 12, 2018 [MADAN B. LOKUR, S. ABDUL NAZEER AND DEEPAK GUPTA, JJ.] C Administration of Criminal Justice – Capital Punishment – Factors to be …
Supreme Court of India12 Dec 2018Full text
2018 INSC 1193 · [2018] 13 S.C.R. 296
296 SUPREME COURT[2018] REPORTS13 S.C.R. 296 [2018] 13 S.C.R. A M. A. ANTONY @ ANTAPPAN v. STATE OF KERALA (Review Petition (Crl.) No. 245 of 2010) in B Criminal Appeal No. 811 of 2009 DECEMBER 12, 2018 [MADAN B. LOKUR, S. ABDUL NAZEER AND DEEPAK GUPTA, JJ.] C Practice and Procedure – Death sentence – Commutation of, i…
Supreme Court of India11 Dec 2018Full text
2018 INSC 1192 · [2018] 14 S.C.R. 755
Penal Code, 1860 – s.228A(2)(c) – If applicable to minors – G Held: Where victim is a minor, s.228A(2)(c) will no longer apply because of the enactment of POCSO which deals specifically with minors – Thus, the words ‘or minor’ should for all intents and purposes be deemed to be deleted from clause (c) of sub-section (2…
Supreme Court of India8 Feb 2018Full text
2018 INSC 119 · [2018] 1 S.C.R. 937
exchange mechanism, they are genuine and did not create a false and misleading appearance of trading in F & O segment – Appeal by SEBI – Held: Trading is always with aim to make profits – But if one party consistently makes loss and that too in preplanned and rapid reverse trades, it is not genuine and would amount to …
Supreme Court of India11 Dec 2018Full text
2018 INSC 1189 · [2018] 13 S.C.R. 281
[2018] 13 S.C.R. 281 281 UNION OF INDIA AND ANR. A v. V. R. TRIPATHI (Civil Appeal No. 12015 of 2018) DECEMBER 11, 2018 B [DR DHANANJAYA Y CHANDRACHUD AND M. R. SHAH, JJ.] Service law : Appointment – Compassionate appointment – Son born to railway employee from second marriage contracted during the subsistence of his f…
Supreme Court of India11 Dec 2018Full text
2018 INSC 1188 · [2018] 14 S.C.R. 941
HELD : Once it is held that they do not have the status of H 941 942 SUPREME COURT REPORTS [2018] 14 S.C.R. A government servants, the order passed by the Tribunal and the order of the High Court affirming that decision are set aside. However, the continuance of the respondent-workmen would depend upon the authorities …
Supreme Court of India11 Dec 2018Full text
2018 INSC 1186 · [2018] 14 S.C.R. 924
Rajiv Nanda, Ms. Suhasini Sen (for Arvind Kumar Sharma), Advs. F for the Appellant. Sidharth Luthra, Sr. Adv., Ashok Arora, Dr. Lalit Bhasin, Ms. Nina Gupta, Dhawal Jain, Ms. Palak Chadha, P.V. Yogeswaran, Advs. for the Respondent. The Judgment of the Court was delivered by G ABHAY MANOHAR SAPRE, J. 1. This appeal is f…
Supreme Court of India10 Dec 2018Full text
2018 INSC 1185 · [2018] 14 S.C.R. 1227
Subodh S. Patil, Lokesh K. Choudhary, Debashish Mukherjee, Advs. for the Appellant. Nishant Ramakantrao Katneshwarkar, Ms. Suvarna Ganu, Anoop Kandari Advs. for the Respondents. H 1227 1228 SUPREME COURT REPORTS [2018] 14 S.C.R. A The Judgement of the Court was delivered by UDAY UMESH LALIT, J. 1. Leave granted. 2. Cri…
Supreme Court of India10 Dec 2018Full text
2018 INSC 1184 · [2018] 14 S.C.R. 791
National Seeds Corporation Limited v. M. Madhusudan F Reddy and Another (2012) 2 SCC 506 : [2012] 2 SCR 1065 ; Duro Felguera, S.A. v. Gangavaram Port Limited (2017) 9 SCC 729 : [2017] 10 SCR 285 ; A. Ayyasamy v. A. Paramasivam and Others (2016) 10 SCC 386 : [2016] 11 SCR 521 ; Lucknow Development Act v. G M.K. Gupta, (…
Supreme Court of India10 Dec 2018Full text
2018 INSC 1183 · [2018] 14 S.C.R. 1152
H 1152 SHANTHAMALLESHAPPA v. STATE OF KARNATAKA 1153 Allowing the appeals, the Court A HELD : 1.1 Admittedly, the incident occurred at about 09:30 p.m. on the fateful day. Unless sufficient light was there it was not possible to identify the accused. It was not the case of the prosecution that the witness had seen the …
Supreme Court of India10 Dec 2018Full text
2018 INSC 1182 · [2018] 13 S.C.R. 1312
Allowing the appeal, the Court G HELD: 1.1 Rule 129, Army Rules, 1954 clearly indicates that in a Summary Court Martial, the accused may have a person to assist him during the trial whether legal adviser or any other person. The expression ‘may’ must be read to mean that the H 1312 JASWANT SINGH v. UNION OF INDIA & ANR…
Supreme Court of India10 Dec 2018Full text
2018 INSC 1181 · [2018] 14 S.C.R. 1161
1161 1162 SUPREME COURT REPORTS [2018] 14 S.C.R. A acquittal for offences under the Arms Act and Explosive Substances Act also not interfered with - Arms Act, 1959 – ss.25, 27 – Explosive Substances Act, 1908 – ss.4, 15 – Criminal Law Amendment Act, 1932. Dismissing the appeals, the Court B HELD: 1.1 The present case i…
Supreme Court of India10 Dec 2018Full text
2018 INSC 1180 · [2018] 14 S.C.R. 1172
– Further, book of Endowment alone was not sufficient to claim the title over the suit premises as it was only intended to demarcate the temple premises – On the contrary, appellant had put forth an earlier order passed by the Deputy Commissioner involving the same suit F property – It was categorically held therein, t…
Also on Law on Tips: Bare Acts · Legal news and analysis
2018 INSC 1202 · [2018] 14 S.C.R. 860
and Order dated 20.11.2006 of the High Court of Judicature at Bombay in Writ Petition (PIL) No. 637 of 2003. Atul Yeshwant Chitale, Sr. Adv., Ms. Ekta Kapil, Ms. Anuradha Dutt, Ms. Fereshte D.…
Supreme Court of India13 Dec 2018Full text
2018 INSC 1201 · [2018] 13 S.C.R. 1286
1286 SUPREME COURT[2018] 13REPORTSS.C.R. 1286 [2018] 13 S.C.R. A DR. ASHWANI KUMAR v. UNION OF INDIA & ORS. (Writ Petition (C) No. 193 of 2016) DECEMBER 13, 2018 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Social Justice: Rights of elderly persons – Writ petition u/Art. 32 of Constitution – Seeking enforcement of rights o…
Supreme Court of India13 Dec 2018Full text
2018 INSC 1198 · [2018] 13 S.C.R. 621
Allowing the appeal, the Court G HELD: 1. PW-2, who is the complainant, has deposed to the genesis of the incident. According to him, the deceased was seized upon by the respondent (together with the two co-accused). The respondent, inflicted an axe blow on the skull of the deceased. The evidence of PW-2 on the involve…
Supreme Court of India13 Dec 2018Full text
2018 INSC 1197 · [2018] 13 S.C.R. 950
Disposing of the appeal, the Court HELD: 1. Section 451 of the CrPC which deals with the disposal of property empowers the court before which the property is produced during an inquiry or trial to make such order as it E thinks fit or for its proper custody pending the disposal of the inquiry or trial. Section 452 prov…
Supreme Court of India12 Dec 2018Full text
2018 INSC 1196 · [2018] 14 S.C.R. 926
– NCLT was absolutely correct in applying s.238 of the Code to an G independent proceeding instituted by a secured financial creditor, namely, respondent no.3 – High Court was not right in stating that the proceedings before the NCLT were without jurisdiction – Proceedings before NCLT to be continued from the stage at …
Supreme Court of India12 Dec 2018Full text
2018 INSC 1195 · [2018] 14 S.C.R. 1214
G WITH Civil Appeal Nos. 12029-12030 of 2018 Civil Appeal Nos. 12031-12032 of 2018 Civil Appeal Nos. 12027-12028 of 2018 H 1214 BIJAY KUMAR MANISH KUMAR HUF v. ASHWIN DESAI 1215 Jaideep Gupta, Sr. Adv., Ganesh Shaw, Kunal Chatterji, A Ms. Maitrayee Banerjee, Saurav Gupta, Advs. for the Appellant. Siddharth Bhatnagar, M…
Supreme Court of India12 Dec 2018Full text
2018 INSC 1194 · [2018] 14 S.C.R. 585
[2018] 14 S.C.R. 585 585 RAJENDRA PRALHADRAO WASNIK A v. STATE OF MAHARASHTRA (Review Petition (Criminal) Nos. 306-307 of 2013) in B (Criminal Appeal Nos. 145-146 of 2011) DECEMBER 12, 2018 [MADAN B. LOKUR, S. ABDUL NAZEER AND DEEPAK GUPTA, JJ.] C Administration of Criminal Justice – Capital Punishment – Factors to be …
Supreme Court of India12 Dec 2018Full text
2018 INSC 1193 · [2018] 13 S.C.R. 296
296 SUPREME COURT[2018] REPORTS13 S.C.R. 296 [2018] 13 S.C.R. A M. A. ANTONY @ ANTAPPAN v. STATE OF KERALA (Review Petition (Crl.) No. 245 of 2010) in B Criminal Appeal No. 811 of 2009 DECEMBER 12, 2018 [MADAN B. LOKUR, S. ABDUL NAZEER AND DEEPAK GUPTA, JJ.] C Practice and Procedure – Death sentence – Commutation of, i…
Supreme Court of India11 Dec 2018Full text
2018 INSC 1192 · [2018] 14 S.C.R. 755
Penal Code, 1860 – s.228A(2)(c) – If applicable to minors – G Held: Where victim is a minor, s.228A(2)(c) will no longer apply because of the enactment of POCSO which deals specifically with minors – Thus, the words ‘or minor’ should for all intents and purposes be deemed to be deleted from clause (c) of sub-section (2…
Supreme Court of India8 Feb 2018Full text
2018 INSC 119 · [2018] 1 S.C.R. 937
exchange mechanism, they are genuine and did not create a false and misleading appearance of trading in F & O segment – Appeal by SEBI – Held: Trading is always with aim to make profits – But if one party consistently makes loss and that too in preplanned and rapid reverse trades, it is not genuine and would amount to …
Supreme Court of India11 Dec 2018Full text
2018 INSC 1189 · [2018] 13 S.C.R. 281
[2018] 13 S.C.R. 281 281 UNION OF INDIA AND ANR. A v. V. R. TRIPATHI (Civil Appeal No. 12015 of 2018) DECEMBER 11, 2018 B [DR DHANANJAYA Y CHANDRACHUD AND M. R. SHAH, JJ.] Service law : Appointment – Compassionate appointment – Son born to railway employee from second marriage contracted during the subsistence of his f…
Supreme Court of India11 Dec 2018Full text
2018 INSC 1188 · [2018] 14 S.C.R. 941
HELD : Once it is held that they do not have the status of H 941 942 SUPREME COURT REPORTS [2018] 14 S.C.R. A government servants, the order passed by the Tribunal and the order of the High Court affirming that decision are set aside. However, the continuance of the respondent-workmen would depend upon the authorities …
Supreme Court of India11 Dec 2018Full text
2018 INSC 1186 · [2018] 14 S.C.R. 924
Rajiv Nanda, Ms. Suhasini Sen (for Arvind Kumar Sharma), Advs. F for the Appellant. Sidharth Luthra, Sr. Adv., Ashok Arora, Dr. Lalit Bhasin, Ms. Nina Gupta, Dhawal Jain, Ms. Palak Chadha, P.V. Yogeswaran, Advs. for the Respondent. The Judgment of the Court was delivered by G ABHAY MANOHAR SAPRE, J. 1. This appeal is f…
Supreme Court of India10 Dec 2018Full text
2018 INSC 1185 · [2018] 14 S.C.R. 1227
Subodh S. Patil, Lokesh K. Choudhary, Debashish Mukherjee, Advs. for the Appellant. Nishant Ramakantrao Katneshwarkar, Ms. Suvarna Ganu, Anoop Kandari Advs. for the Respondents. H 1227 1228 SUPREME COURT REPORTS [2018] 14 S.C.R. A The Judgement of the Court was delivered by UDAY UMESH LALIT, J. 1. Leave granted. 2. Cri…
Supreme Court of India10 Dec 2018Full text
2018 INSC 1184 · [2018] 14 S.C.R. 791
National Seeds Corporation Limited v. M. Madhusudan F Reddy and Another (2012) 2 SCC 506 : [2012] 2 SCR 1065 ; Duro Felguera, S.A. v. Gangavaram Port Limited (2017) 9 SCC 729 : [2017] 10 SCR 285 ; A. Ayyasamy v. A. Paramasivam and Others (2016) 10 SCC 386 : [2016] 11 SCR 521 ; Lucknow Development Act v. G M.K. Gupta, (…
Supreme Court of India10 Dec 2018Full text
2018 INSC 1183 · [2018] 14 S.C.R. 1152
H 1152 SHANTHAMALLESHAPPA v. STATE OF KARNATAKA 1153 Allowing the appeals, the Court A HELD : 1.1 Admittedly, the incident occurred at about 09:30 p.m. on the fateful day. Unless sufficient light was there it was not possible to identify the accused. It was not the case of the prosecution that the witness had seen the …
Supreme Court of India10 Dec 2018Full text
2018 INSC 1182 · [2018] 13 S.C.R. 1312
Allowing the appeal, the Court G HELD: 1.1 Rule 129, Army Rules, 1954 clearly indicates that in a Summary Court Martial, the accused may have a person to assist him during the trial whether legal adviser or any other person. The expression ‘may’ must be read to mean that the H 1312 JASWANT SINGH v. UNION OF INDIA & ANR…
Supreme Court of India10 Dec 2018Full text
2018 INSC 1181 · [2018] 14 S.C.R. 1161
1161 1162 SUPREME COURT REPORTS [2018] 14 S.C.R. A acquittal for offences under the Arms Act and Explosive Substances Act also not interfered with - Arms Act, 1959 – ss.25, 27 – Explosive Substances Act, 1908 – ss.4, 15 – Criminal Law Amendment Act, 1932. Dismissing the appeals, the Court B HELD: 1.1 The present case i…
Supreme Court of India10 Dec 2018Full text
2018 INSC 1180 · [2018] 14 S.C.R. 1172
– Further, book of Endowment alone was not sufficient to claim the title over the suit premises as it was only intended to demarcate the temple premises – On the contrary, appellant had put forth an earlier order passed by the Deputy Commissioner involving the same suit F property – It was categorically held therein, t…
Also on Law on Tips: Bare Acts · Legal news and analysis