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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.
1,921–1,940 · Page 97 of 382
Supreme Court of India3 Dec 2018Full text
2018 INSC 1137 · [2018] 14 S.C.R. 462
H 462 SANGEETA AGRAWAL & ORS. v. STATE OF UTTAR 463 PRADESH & ANR. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal A No. 1543 of 2018. From the Judgment and Orders dated 12.09.2018 of the High Court of Judicature at Allahabad in Application u/s 482 No. 31729 of 2018. Praveen Swarup, Ms. Chitra Chaudhary, Shashank Sin…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1136 · [2018] 14 S.C.R. 991
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.
1,921–1,940 · Page 97 of 382
Supreme Court of India3 Dec 2018Full text
2018 INSC 1137 · [2018] 14 S.C.R. 462
H 462 SANGEETA AGRAWAL & ORS. v. STATE OF UTTAR 463 PRADESH & ANR. CRIMINAL APPELLATE JURISDICTION : Criminal Appeal A No. 1543 of 2018. From the Judgment and Orders dated 12.09.2018 of the High Court of Judicature at Allahabad in Application u/s 482 No. 31729 of 2018. Praveen Swarup, Ms. Chitra Chaudhary, Shashank Sin…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1136 · [2018] 14 S.C.R. 991
– Held: On perusal of the record of the case, no ground to interfere in the impugned order because the High Court had only remanded C the case to the first Appellate Court to decide the first appeal and cross objection afresh on merits in accordance with law. CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 11764-11765…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1135 · [2018] 14 S.C.R. 459
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1542 of 2018. From the impugned final Order dated 13.09.2018 of the High Court Gof Judicature at Allahabad in Application U/s 482 - No.35595 of 2017. Rakesh Taneja, N. Rajaraman, Advs. for the Appellants. Chandra Shekhar, Prashant Shikhar, Ms. Meena Hassan, S.K. Ver…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1134 · [2018] 14 S.C.R. 456
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1541 of 2018. From the impugned final Order dated 13.09.2018 of the High Court G of Judicature at Allahabad in Application U/s 482 - No.36284 of 2017. Rakesh Taneja, N. Rajaraman, Advs. for the Appellant. Chandra Shekhar, Prashant Shikhar, Ms. Meena Hassan, S.K. Ver…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1133 · [2018] 14 S.C.R. 1205
Partly allowing the appeal and remitting the matter to Commissioner, the Court HELD : The parties were entitled for a decision of their case on merits by the Appellate Court (Commissioner) and then G by the High Court in its writ jurisdiction. In this case, neither the Commissioner could record any finding on the merit…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1132 · [2018] 14 S.C.R. 980
From the Judgment and Order dated 28.08.2018 of the High Court of Uttarakhand at Nainital in Special Appeal No. 25 of 2015 and dated 07.09.2018 in MCC No. 1193 of 2018. K. K. Tyagi, Iftekhar Ahmad, Anoop Kumar and Sarvam Ritam FKhare, Advs. for the Appellant. Manish Kumar, Piyush Kaushik and Ms. Divya Roy, Advs. for th…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1131 · [2018] 14 S.C.R. 415
– ss.21 and 22. H 415 416 SUPREME COURT REPORTS [2018] 14 S.C.R. A Drugs and Cosmetics Act, 1940: Legislative intent of enactment – Discussed. Narcotic Drugs and Psychotropic Substances Act, 1985: Legislative intent of enactment – Discussed. Allowing the appeals, the Court B HELD: 1.1 The Drugs and Cosmetics Act, 1940 …
Supreme Court of India3 Dec 2018Full text
2018 INSC 1130 · [2018] 14 S.C.R. 452
there was neither any reference of any evidence, nor its application and nor there was any discussion much less finding in the impugned order – Held: In view of the powers of the Appellate Court under s.386(b), Cr.P.C., the High Court ought to have examined the evidence of each prosecution witnesses on issues arising i…
Supreme Court of India7 Feb 2018Full text
2018 INSC 113 · [2018] 1 S.C.R. 915
Dismissed on the ground that since an appeal did not lie from a judgment enforcing a foreign award under s. 50 of Arbitration Act, no such appeal would be maintainable under Commercial Courts Act – On appeal, held: s.50 is a provision contained in a self-contained code on matters of arbitration – s.13(1) is a general p…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1129 · [2018] 14 S.C.R. 476
476 SHRI H.D. SHARMA v. NORTHERN INDIA TEXTILE 477 RESEARCH ASSOCIATION Dismissing the appeal, the Court A HELD : 1. Section 2(y) defines the term ‘wages’ whereas Section 6E provides that condition of service of a workman has to remain unchanged in certain circumstances. Proviso to Section 6E(2) says that no workman ca…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1128 · [2018] 14 S.C.R. 470
With B C. A. No. 1573 of 2018 Jaideep Gupta, Ms. Kiran Suri, Sr. Advs., Shankar Divate, Satish Kumar, Anand Sanjay M. Nuli, Dharam Singh, Nanda Kumar K. B., M/s. Nuli & Nuli, P. R. Ramasesh, S. J. Amith, Ms. Aishwarya Kumar, Dr. (Mrs.) Vipin Gupta, Advs. for the appearing parties. C The Judgment of the Court was delive…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1127 · [2018] 14 S.C.R. 433
Bhaskar Shrachi Alloys Limited & Ors. v. Damodar Valley Corporation & Ors (2018) 8 SCC 281 ; Delhi B Electricity Regulatory Commission v. BSES Yamuna Power Limited & Others (2007) 3 SCC 33 : [2007] 2 SCR 747 – referred to Case Law Reference (2018) 8 SCC 281 referred to Para 4 C [2007] 2 SCR 747 referred to Para 8 CIVIL…
Supreme Court of India30 Nov 2018Full text
2018 INSC 1126 · [2018] 14 S.C.R. 1103
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11703 of 2018. G From the Judgment and Order dated 13.10.2017 of the High Court of Judicature at Allahabad in Civil Misc. Recall Application No. 259865 of 2017 in PIL No. 157 of 2017. Fuzail Ahmad Ayyubi, Wasim Ahmad, Ms. Aditi Gupta, Advs. for the Appellant. H 1103 1104 …
Supreme Court of India30 Nov 2018Full text
2018 INSC 1124 · [2018] 14 S.C.R. 1101
– During the course of the hearing, award of the arbitral tribunal set aside – Since the arbitral award has been set aside, the basis on which the impugned order was passed by the High Court ceases to survive, the order passed by the High Court is set aside. E CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11700 of 20…
Supreme Court of India30 Nov 2018Full text
2018 INSC 1123 · [2018] 14 S.C.R. 403
Disposing of the matters, the Court HELD: In the instant cases, the writ petitioners have filed the petitions before the High Court with a specific prayer to H 403 404 SUPREME COURT REPORTS [2018] 14 S.C.R. A regularize their service and to set aside the order of termination of their services. They have also challenged…
Supreme Court of India30 Nov 2018Full text
2018 INSC 1122 · [2018] 14 S.C.R. 395
402-A-B] 2. The offence under Section 18(c) of the Act is punishable under Section 27(b)(ii) of the Act which prescribes minimum G sentence of imprisonment for one year and minimum fine of rupees five thousand. As per proviso to Section 27(b)(ii) of the Act, for any adequate and special reasons to be recorded in the ju…
Supreme Court of India28 Nov 2018Full text
2018 INSC 1120 · [2018] 14 S.C.R. 904
F Evidence – Rape – Sole testimony of prosecutrix – Appreciation of – Discussed. Evidence – Rape – Absence of external injury on the body of the prosecutrix – Effect of – Held: Respondent-accused (Prosecutrix’s cousin brother) used to make the prosecutrix sleep G with him and insert his private part in the private part…
Supreme Court of India7 Feb 2018Full text
2018 INSC 112 · [2018] 1 S.C.R. 491
Disposing of the appeal, the Court HELD: 1.1 Though an application for contempt was filed before the trial court, it was, in fact, a petition for taking action under Order XXXIX Rule 2A of Jammu and Kashmir Code of Civil Procedure Act, 1977. It is not a case for initiating contempt F on the face of it. These are two di…
Supreme Court of India28 Nov 2018Full text
2018 INSC 1117 · [2018] 14 S.C.R. 232
HELD: 1.1 There are definite allegations that the first respondent would keep on calling the wife of the victim on her mobile and keep harassing her which allegations are supported by the statements of the mother and the wife of the victim G recorded during investigation. The record shows that 3-4 days prior to the sui…
Supreme Court of India28 Nov 2018Full text
2018 INSC 1114 · [2018] 14 S.C.R. 239
240 SUPREME COURT REPORTS [2018] 14 S.C.R. A subject suit had become non-existent – Held: S.3 of the 1995 Act stands amended by virtue of the 2014 Act – Now, as per the amended s.3 of the 1995 Act w.e.f. 01.04.1994, by operation of law the statutory or protected tenancy rights of ‘P’ Mills in respect of the suit proper…
Also on Law on Tips: Bare Acts · Legal news and analysis
– Held: On perusal of the record of the case, no ground to interfere in the impugned order because the High Court had only remanded C the case to the first Appellate Court to decide the first appeal and cross objection afresh on merits in accordance with law. CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 11764-11765…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1135 · [2018] 14 S.C.R. 459
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1542 of 2018. From the impugned final Order dated 13.09.2018 of the High Court Gof Judicature at Allahabad in Application U/s 482 - No.35595 of 2017. Rakesh Taneja, N. Rajaraman, Advs. for the Appellants. Chandra Shekhar, Prashant Shikhar, Ms. Meena Hassan, S.K. Ver…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1134 · [2018] 14 S.C.R. 456
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1541 of 2018. From the impugned final Order dated 13.09.2018 of the High Court G of Judicature at Allahabad in Application U/s 482 - No.36284 of 2017. Rakesh Taneja, N. Rajaraman, Advs. for the Appellant. Chandra Shekhar, Prashant Shikhar, Ms. Meena Hassan, S.K. Ver…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1133 · [2018] 14 S.C.R. 1205
Partly allowing the appeal and remitting the matter to Commissioner, the Court HELD : The parties were entitled for a decision of their case on merits by the Appellate Court (Commissioner) and then G by the High Court in its writ jurisdiction. In this case, neither the Commissioner could record any finding on the merit…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1132 · [2018] 14 S.C.R. 980
From the Judgment and Order dated 28.08.2018 of the High Court of Uttarakhand at Nainital in Special Appeal No. 25 of 2015 and dated 07.09.2018 in MCC No. 1193 of 2018. K. K. Tyagi, Iftekhar Ahmad, Anoop Kumar and Sarvam Ritam FKhare, Advs. for the Appellant. Manish Kumar, Piyush Kaushik and Ms. Divya Roy, Advs. for th…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1131 · [2018] 14 S.C.R. 415
– ss.21 and 22. H 415 416 SUPREME COURT REPORTS [2018] 14 S.C.R. A Drugs and Cosmetics Act, 1940: Legislative intent of enactment – Discussed. Narcotic Drugs and Psychotropic Substances Act, 1985: Legislative intent of enactment – Discussed. Allowing the appeals, the Court B HELD: 1.1 The Drugs and Cosmetics Act, 1940 …
Supreme Court of India3 Dec 2018Full text
2018 INSC 1130 · [2018] 14 S.C.R. 452
there was neither any reference of any evidence, nor its application and nor there was any discussion much less finding in the impugned order – Held: In view of the powers of the Appellate Court under s.386(b), Cr.P.C., the High Court ought to have examined the evidence of each prosecution witnesses on issues arising i…
Supreme Court of India7 Feb 2018Full text
2018 INSC 113 · [2018] 1 S.C.R. 915
Dismissed on the ground that since an appeal did not lie from a judgment enforcing a foreign award under s. 50 of Arbitration Act, no such appeal would be maintainable under Commercial Courts Act – On appeal, held: s.50 is a provision contained in a self-contained code on matters of arbitration – s.13(1) is a general p…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1129 · [2018] 14 S.C.R. 476
476 SHRI H.D. SHARMA v. NORTHERN INDIA TEXTILE 477 RESEARCH ASSOCIATION Dismissing the appeal, the Court A HELD : 1. Section 2(y) defines the term ‘wages’ whereas Section 6E provides that condition of service of a workman has to remain unchanged in certain circumstances. Proviso to Section 6E(2) says that no workman ca…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1128 · [2018] 14 S.C.R. 470
With B C. A. No. 1573 of 2018 Jaideep Gupta, Ms. Kiran Suri, Sr. Advs., Shankar Divate, Satish Kumar, Anand Sanjay M. Nuli, Dharam Singh, Nanda Kumar K. B., M/s. Nuli & Nuli, P. R. Ramasesh, S. J. Amith, Ms. Aishwarya Kumar, Dr. (Mrs.) Vipin Gupta, Advs. for the appearing parties. C The Judgment of the Court was delive…
Supreme Court of India3 Dec 2018Full text
2018 INSC 1127 · [2018] 14 S.C.R. 433
Bhaskar Shrachi Alloys Limited & Ors. v. Damodar Valley Corporation & Ors (2018) 8 SCC 281 ; Delhi B Electricity Regulatory Commission v. BSES Yamuna Power Limited & Others (2007) 3 SCC 33 : [2007] 2 SCR 747 – referred to Case Law Reference (2018) 8 SCC 281 referred to Para 4 C [2007] 2 SCR 747 referred to Para 8 CIVIL…
Supreme Court of India30 Nov 2018Full text
2018 INSC 1126 · [2018] 14 S.C.R. 1103
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11703 of 2018. G From the Judgment and Order dated 13.10.2017 of the High Court of Judicature at Allahabad in Civil Misc. Recall Application No. 259865 of 2017 in PIL No. 157 of 2017. Fuzail Ahmad Ayyubi, Wasim Ahmad, Ms. Aditi Gupta, Advs. for the Appellant. H 1103 1104 …
Supreme Court of India30 Nov 2018Full text
2018 INSC 1124 · [2018] 14 S.C.R. 1101
– During the course of the hearing, award of the arbitral tribunal set aside – Since the arbitral award has been set aside, the basis on which the impugned order was passed by the High Court ceases to survive, the order passed by the High Court is set aside. E CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11700 of 20…
Supreme Court of India30 Nov 2018Full text
2018 INSC 1123 · [2018] 14 S.C.R. 403
Disposing of the matters, the Court HELD: In the instant cases, the writ petitioners have filed the petitions before the High Court with a specific prayer to H 403 404 SUPREME COURT REPORTS [2018] 14 S.C.R. A regularize their service and to set aside the order of termination of their services. They have also challenged…
Supreme Court of India30 Nov 2018Full text
2018 INSC 1122 · [2018] 14 S.C.R. 395
402-A-B] 2. The offence under Section 18(c) of the Act is punishable under Section 27(b)(ii) of the Act which prescribes minimum G sentence of imprisonment for one year and minimum fine of rupees five thousand. As per proviso to Section 27(b)(ii) of the Act, for any adequate and special reasons to be recorded in the ju…
Supreme Court of India28 Nov 2018Full text
2018 INSC 1120 · [2018] 14 S.C.R. 904
F Evidence – Rape – Sole testimony of prosecutrix – Appreciation of – Discussed. Evidence – Rape – Absence of external injury on the body of the prosecutrix – Effect of – Held: Respondent-accused (Prosecutrix’s cousin brother) used to make the prosecutrix sleep G with him and insert his private part in the private part…
Supreme Court of India7 Feb 2018Full text
2018 INSC 112 · [2018] 1 S.C.R. 491
Disposing of the appeal, the Court HELD: 1.1 Though an application for contempt was filed before the trial court, it was, in fact, a petition for taking action under Order XXXIX Rule 2A of Jammu and Kashmir Code of Civil Procedure Act, 1977. It is not a case for initiating contempt F on the face of it. These are two di…
Supreme Court of India28 Nov 2018Full text
2018 INSC 1117 · [2018] 14 S.C.R. 232
HELD: 1.1 There are definite allegations that the first respondent would keep on calling the wife of the victim on her mobile and keep harassing her which allegations are supported by the statements of the mother and the wife of the victim G recorded during investigation. The record shows that 3-4 days prior to the sui…
Supreme Court of India28 Nov 2018Full text
2018 INSC 1114 · [2018] 14 S.C.R. 239
240 SUPREME COURT REPORTS [2018] 14 S.C.R. A subject suit had become non-existent – Held: S.3 of the 1995 Act stands amended by virtue of the 2014 Act – Now, as per the amended s.3 of the 1995 Act w.e.f. 01.04.1994, by operation of law the statutory or protected tenancy rights of ‘P’ Mills in respect of the suit proper…
Also on Law on Tips: Bare Acts · Legal news and analysis