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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.
1,901–1,920 · Page 96 of 382
Supreme Court of India5 Dec 2018Full text
2018 INSC 1160 · [2018] 14 S.C.R. 893
– Orders of Single Judge as well as Division Bench of High Court are liable to be set aside – Writ Petition is dismissed. H 893 894 SUPREME COURT REPORTS [2018] 14 S.C.R. A Allowing the appeals, the Court HELD: 1.1 In proceedings under Article 226 of the Constitution of India the High Court does not adjudicate, upon af…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1159 · [2018] 14 S.C.R. 1082
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.
1,901–1,920 · Page 96 of 382
Supreme Court of India5 Dec 2018Full text
2018 INSC 1160 · [2018] 14 S.C.R. 893
– Orders of Single Judge as well as Division Bench of High Court are liable to be set aside – Writ Petition is dismissed. H 893 894 SUPREME COURT REPORTS [2018] 14 S.C.R. A Allowing the appeals, the Court HELD: 1.1 In proceedings under Article 226 of the Constitution of India the High Court does not adjudicate, upon af…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1159 · [2018] 14 S.C.R. 1082
ZAHOOR AHMAD RATHER AND ORS v. SHEIKH IMTIYAZ AHMAD 1083 AND ORS. was right in holding that the appellants did not meet the prescribed A qualification – However, since the appellants have spent nearly four years in pursuing their quest for the job and might have become age barred, they are granted age relaxation to the…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1158 · [2018] 14 S.C.R. 676
676 SUPREME[2018]COURT14REPORTSS.C.R. 676 [2018] 14 S.C.R. A M/S SIMPLEX INFRASTRUCTURE LTD v. UNION OF INDIA (Civil Appeal No. 11866 of 2018) B DECEMBER 05, 2018 [DR. DHANANJAYA Y CHANDRACHUD AND VINEET SARAN, JJ.] Arbitration and Conciliation Act, 1996: C s. 34 – Application under – Delay of 514 days in filing – Cond…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1157 · [2018] 14 S.C.R. 665
[2018] 14 S.C.R. 665 665 SQN. LDR. (RETD.) NAVTEJ SINGH A v. UNION OF INDIA AND ORS. (Civil Appeal Nos. 11876-11877 of 2018) DECEMBER 05, 2018 B [UDAY UMESH LALIT AND DR. DHANANJAYA Y CHANDRACHUD, JJ.] Armed Forces: Post-retirement benefits – Entitlement to, to the spouse and children of a retired officer – On facts, a…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1155 · [2018] 14 S.C.R. 1075
limitation follows the sentence on deputationists, it cannot be said that the tenure limitation applies only to deputationists – Tenure limitation applies to every person who is appointed to the post – Having served the tenure laid down by the revised guidelines, the Appellant cannot continue as Director, CDC. G Dismis…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1154 · [2018] 14 S.C.R. 489
COMPETITION COMMISSION OF INDIA v. BHARTI AIRTEL 491 LIMITED AND ORS. Competition Act, 2002: s.26(1) – Whether the High Court A could give its findings on merits – Held: Once the order under s.26(1) of the 2002 Act is held to be administrative in nature and that it was merely a prima facie opinion directing the Directo…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1153 · [2018] 14 S.C.R. 627
[2018] 14 S.C.R. 627 627 MAHENDER CHAWLA & ORS. A v. UNION OF INDIA & ORS. (Writ Petition (Criminal) No. 156 of 2016) DECEMBER 05, 2018 B [A. K. SIKRI AND S. ABDUL NAZEER, JJ.] Administration of Criminal Justice: Witness protection – Witnesses are important players in judicial system, who help the judges in arriving at…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1152 · [2018] 14 S.C.R. 1068
– Exemption order challenged in High Court by way of writ petition – The petition is transferred to Supreme Court – Held: Teaching experience of 10 years was rightly considered as a necessary qualification – Appellant was having only 9 years 3 months of F teaching experience on the last date of submitting the applicati…
Supreme Court of India4 Dec 2018Full text
2018 INSC 1151 · [2018] 14 S.C.R. 1143
meters – Tender Notice was accepted and parties entered into an agreement, which included a clause (cl.13 of the General Conditions of Contract) stating that “13.1 No Arbitration was allowed” – Respondent filed an application u/s. 9 of the Arbitration and Conciliation Act, 1996 seeking interim injunction, which was all…
Supreme Court of India8 Feb 2018Full text
2018 INSC 115 · [2018] 2 S.C.R. 1
D s.24(1) – Interpretation of – Held: When award under the 1894 Act has not been passed, then as per s.24(1)(a) of the Act 2013, all the provisions of the Act of 2013 relating to determination of compensation shall apply – Where, however, an award under s.11 has been made then such proceedings shall continue as per E s…
Supreme Court of India4 Dec 2018Full text
2018 INSC 1149 · [2018] 14 S.C.R. 1005
[2018] 14 S.C.R. 1005 1005 SP SINGLA CONSTRUCTIONS PVT. LTD. A v. STATE OF HIMACHAL PRADESH AND ANOTHER (Civil Appeal Nos.11824-25 of 2018) DECEMBER 04, 2018 B [R. BANUMATHI AND INDIRA BANERJEE, JJ.] Arbitration and Conciliation Act, 1996: ss. 11(6), 21 and 25 (a) – Appointment of arbitrator – Contract between appellan…
Supreme Court of India4 Dec 2018Full text
2018 INSC 1148 · [2018] 14 S.C.R. 1056
1056 SUPREME[2018]COURT14 REPORTSS.C.R. 1056 [2018] 14 S.C.R. A SURENDRA SINGH & ANR. v. STATE OF UTTARAKHAND (Criminal Appeal No. 1768 of 2010) B DECEMBER 04, 2018 [ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.] Penal Code, 1860: ss.457, 380 and 302/34 – Prosecution under – Of three C accused – Circumstantial evidence – …
Supreme Court of India4 Dec 2018Full text
2018 INSC 1147 · [2018] 14 S.C.R. 1036
1959 Rules shall be followed for appointment – r. 5(3) of 1958 Rules is not applicable – As per r. 4(2) of 1959 Rules the post was first to be filled up by transfer – Therefore, Division Bench of High Court was right in directing appointment of respondent No. 1 – Kerala Education Rules, 1959 – Chapter XXXII, r. 4(2) – …
Supreme Court of India4 Dec 2018Full text
2018 INSC 1145 · [2018] 14 S.C.R. 1022
2. Rule 21 empowers the Tribunal to proceed when any party to a proceeding fails to attend. The plain language of Rule 21 does not indicate that it is necessary for Tribunal to issue any notice to a party before proceeding ex-parte. However, the expression used in Rule 21 is “may proceed”. Thus, on non-Gappearance on o…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1143 · [2018] 14 S.C.R. 985
Allowing the appeal, the Court HELD: 1. In order to do complete justice between the Fparties in relation to subject matter of the proceedings in question and to balance the equities and further having regard to all the facts and circumstances of the case, the fresh auction of the land in question can be ordered. [Para …
Supreme Court of India3 Dec 2018Full text
2018 INSC 1142 · [2018] 14 S.C.R. 974
Allowing the appeal, the Court HELD: 1. A regular suit is the appropriate remedy for G settlement of the disputes relating to property rights between the private persons. The remedy under Article 226 of the Constitution shall not be available except where violation of some statutory duty on the part of statutory author…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1141 · [2018] 14 S.C.R. 993
Dismissing the appeals, the Court HELD: 1. It is the admitted position that the employer Bank had offered four alternative positions to the appellant which were G at par with her existing pay scale and emoluments. The appellant was however not willing to accept any of the alternate positions offered to her. Nor was she…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1140 · [2018] 14 S.C.R. 970
some mandatory directions to the State in relation to the subject-matter of the proceedings but it was done without hearing the appellants (respondents in the writ petition before the High Court) – For the said reason, the impugned order is set aside – Parties to raise all their pleas before the High Court to enable it…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1139 · [2018] 14 S.C.R. 1138
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1509 of 2018. From the Judgment and Order dated 11.02.2016 of the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 35679 of 2014. F Dr. Sukhdev Sharma, J. B. Mudgil, Dr. Shivani, Rameshwar Prasad Goyal Advs. for the Appellant. Vishwa Pal Singh, Vijay Kuma…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1138 · [2018] 14 S.C.R. 466
GEETA & ORS. v. STATE OF UTTAR PRADESH & ANR. 467 record the findings as to on what basis and the reasoning, these A principles apply to the facts of the case at hand so as to either call for any interference therein or not. Indeed, this is the least that is required in the order in support of the conclusion. It enable…
Also on Law on Tips: Bare Acts · Legal news and analysis
ZAHOOR AHMAD RATHER AND ORS v. SHEIKH IMTIYAZ AHMAD 1083 AND ORS. was right in holding that the appellants did not meet the prescribed A qualification – However, since the appellants have spent nearly four years in pursuing their quest for the job and might have become age barred, they are granted age relaxation to the…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1158 · [2018] 14 S.C.R. 676
676 SUPREME[2018]COURT14REPORTSS.C.R. 676 [2018] 14 S.C.R. A M/S SIMPLEX INFRASTRUCTURE LTD v. UNION OF INDIA (Civil Appeal No. 11866 of 2018) B DECEMBER 05, 2018 [DR. DHANANJAYA Y CHANDRACHUD AND VINEET SARAN, JJ.] Arbitration and Conciliation Act, 1996: C s. 34 – Application under – Delay of 514 days in filing – Cond…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1157 · [2018] 14 S.C.R. 665
[2018] 14 S.C.R. 665 665 SQN. LDR. (RETD.) NAVTEJ SINGH A v. UNION OF INDIA AND ORS. (Civil Appeal Nos. 11876-11877 of 2018) DECEMBER 05, 2018 B [UDAY UMESH LALIT AND DR. DHANANJAYA Y CHANDRACHUD, JJ.] Armed Forces: Post-retirement benefits – Entitlement to, to the spouse and children of a retired officer – On facts, a…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1155 · [2018] 14 S.C.R. 1075
limitation follows the sentence on deputationists, it cannot be said that the tenure limitation applies only to deputationists – Tenure limitation applies to every person who is appointed to the post – Having served the tenure laid down by the revised guidelines, the Appellant cannot continue as Director, CDC. G Dismis…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1154 · [2018] 14 S.C.R. 489
COMPETITION COMMISSION OF INDIA v. BHARTI AIRTEL 491 LIMITED AND ORS. Competition Act, 2002: s.26(1) – Whether the High Court A could give its findings on merits – Held: Once the order under s.26(1) of the 2002 Act is held to be administrative in nature and that it was merely a prima facie opinion directing the Directo…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1153 · [2018] 14 S.C.R. 627
[2018] 14 S.C.R. 627 627 MAHENDER CHAWLA & ORS. A v. UNION OF INDIA & ORS. (Writ Petition (Criminal) No. 156 of 2016) DECEMBER 05, 2018 B [A. K. SIKRI AND S. ABDUL NAZEER, JJ.] Administration of Criminal Justice: Witness protection – Witnesses are important players in judicial system, who help the judges in arriving at…
Supreme Court of India5 Dec 2018Full text
2018 INSC 1152 · [2018] 14 S.C.R. 1068
– Exemption order challenged in High Court by way of writ petition – The petition is transferred to Supreme Court – Held: Teaching experience of 10 years was rightly considered as a necessary qualification – Appellant was having only 9 years 3 months of F teaching experience on the last date of submitting the applicati…
Supreme Court of India4 Dec 2018Full text
2018 INSC 1151 · [2018] 14 S.C.R. 1143
meters – Tender Notice was accepted and parties entered into an agreement, which included a clause (cl.13 of the General Conditions of Contract) stating that “13.1 No Arbitration was allowed” – Respondent filed an application u/s. 9 of the Arbitration and Conciliation Act, 1996 seeking interim injunction, which was all…
Supreme Court of India8 Feb 2018Full text
2018 INSC 115 · [2018] 2 S.C.R. 1
D s.24(1) – Interpretation of – Held: When award under the 1894 Act has not been passed, then as per s.24(1)(a) of the Act 2013, all the provisions of the Act of 2013 relating to determination of compensation shall apply – Where, however, an award under s.11 has been made then such proceedings shall continue as per E s…
Supreme Court of India4 Dec 2018Full text
2018 INSC 1149 · [2018] 14 S.C.R. 1005
[2018] 14 S.C.R. 1005 1005 SP SINGLA CONSTRUCTIONS PVT. LTD. A v. STATE OF HIMACHAL PRADESH AND ANOTHER (Civil Appeal Nos.11824-25 of 2018) DECEMBER 04, 2018 B [R. BANUMATHI AND INDIRA BANERJEE, JJ.] Arbitration and Conciliation Act, 1996: ss. 11(6), 21 and 25 (a) – Appointment of arbitrator – Contract between appellan…
Supreme Court of India4 Dec 2018Full text
2018 INSC 1148 · [2018] 14 S.C.R. 1056
1056 SUPREME[2018]COURT14 REPORTSS.C.R. 1056 [2018] 14 S.C.R. A SURENDRA SINGH & ANR. v. STATE OF UTTARAKHAND (Criminal Appeal No. 1768 of 2010) B DECEMBER 04, 2018 [ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.] Penal Code, 1860: ss.457, 380 and 302/34 – Prosecution under – Of three C accused – Circumstantial evidence – …
Supreme Court of India4 Dec 2018Full text
2018 INSC 1147 · [2018] 14 S.C.R. 1036
1959 Rules shall be followed for appointment – r. 5(3) of 1958 Rules is not applicable – As per r. 4(2) of 1959 Rules the post was first to be filled up by transfer – Therefore, Division Bench of High Court was right in directing appointment of respondent No. 1 – Kerala Education Rules, 1959 – Chapter XXXII, r. 4(2) – …
Supreme Court of India4 Dec 2018Full text
2018 INSC 1145 · [2018] 14 S.C.R. 1022
2. Rule 21 empowers the Tribunal to proceed when any party to a proceeding fails to attend. The plain language of Rule 21 does not indicate that it is necessary for Tribunal to issue any notice to a party before proceeding ex-parte. However, the expression used in Rule 21 is “may proceed”. Thus, on non-Gappearance on o…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1143 · [2018] 14 S.C.R. 985
Allowing the appeal, the Court HELD: 1. In order to do complete justice between the Fparties in relation to subject matter of the proceedings in question and to balance the equities and further having regard to all the facts and circumstances of the case, the fresh auction of the land in question can be ordered. [Para …
Supreme Court of India3 Dec 2018Full text
2018 INSC 1142 · [2018] 14 S.C.R. 974
Allowing the appeal, the Court HELD: 1. A regular suit is the appropriate remedy for G settlement of the disputes relating to property rights between the private persons. The remedy under Article 226 of the Constitution shall not be available except where violation of some statutory duty on the part of statutory author…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1141 · [2018] 14 S.C.R. 993
Dismissing the appeals, the Court HELD: 1. It is the admitted position that the employer Bank had offered four alternative positions to the appellant which were G at par with her existing pay scale and emoluments. The appellant was however not willing to accept any of the alternate positions offered to her. Nor was she…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1140 · [2018] 14 S.C.R. 970
some mandatory directions to the State in relation to the subject-matter of the proceedings but it was done without hearing the appellants (respondents in the writ petition before the High Court) – For the said reason, the impugned order is set aside – Parties to raise all their pleas before the High Court to enable it…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1139 · [2018] 14 S.C.R. 1138
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1509 of 2018. From the Judgment and Order dated 11.02.2016 of the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 35679 of 2014. F Dr. Sukhdev Sharma, J. B. Mudgil, Dr. Shivani, Rameshwar Prasad Goyal Advs. for the Appellant. Vishwa Pal Singh, Vijay Kuma…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1138 · [2018] 14 S.C.R. 466
GEETA & ORS. v. STATE OF UTTAR PRADESH & ANR. 467 record the findings as to on what basis and the reasoning, these A principles apply to the facts of the case at hand so as to either call for any interference therein or not. Indeed, this is the least that is required in the order in support of the conclusion. It enable…
Also on Law on Tips: Bare Acts · Legal news and analysis