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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.
1,961–1,980 · Page 99 of 382
Supreme Court of India6 Feb 2018Full text
2018 INSC 108 · [2018] 1 S.C.R. 1023
1023 1024 SUPREME COURT REPORTS [2018] 1 S.C.R. A There is no doubt whatsoever that the appellant itself invited the Appellate Tribunal to go into a subsequent event, which, according to it, was of extreme importance in deciding the appeal – This being the case, after contest, and after the Appellate Tribunal held in f…
Supreme Court of India16 Nov 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.
1,961–1,980 · Page 99 of 382
Supreme Court of India6 Feb 2018Full text
2018 INSC 108 · [2018] 1 S.C.R. 1023
1023 1024 SUPREME COURT REPORTS [2018] 1 S.C.R. A There is no doubt whatsoever that the appellant itself invited the Appellate Tribunal to go into a subsequent event, which, according to it, was of extreme importance in deciding the appeal – This being the case, after contest, and after the Appellate Tribunal held in f…
Supreme Court of India16 Nov 2018Full text
2018 INSC 1076 · [2018] 13 S.C.R. 753
[2018] 13 S.C.R. 753 753 VIMLA DEVI & ORS. A v. NATIONAL INSURANCE COMPANY LIMITED & ORS. (Civil Appeal No. 11042 of 2018) NOVEMBER 16, 2018 B [ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.] Motor Vehicles Act, 1988: s.166 – Fatal accident – Claim petition – The documents filed in the criminal proceedings in respect of th…
Supreme Court of India16 Nov 2018Full text
2018 INSC 1071 · [2018] 14 S.C.R. 321
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11034 F of 2018. From the Judgment and Order dated 16.08.2016 of the High Court of Delhi at New Delhi in Chat. A. Ref. No. 4.2012. Rana Mukherjee, Sr. Adv., Pramod Dayal, Nikunj Dayal, Ms. Payal G Dayal, Advs. for the Appellant. Balaji Srinivasan, Ms. Pallavi Sengupta, Ms…
Supreme Court of India6 Feb 2018Full text
2018 INSC 107 · [2018] 1 S.C.R. 882
882 SUPREME COURT REPORTS [2018] 1 S.C.R. A DATARAM SINGH v. STATE OF UTTAR PRADESH & ANR. B (Criminal Appeal No. 227 of 2018) FEBRUARY 06, 2018 [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] C Bail: FIR against appellant (accused) u/ss. 419, 420, 406 and 506 IPC and complaint u/s. 138 of Negotiable Instruments Act – During in…
Supreme Court of India16 Nov 2018Full text
2018 INSC 1069 · [2018] 13 S.C.R. 1183
Shinoj K.Narayanan, K. Rajeev, Advs. for the Appellant. Vipin Nair, P. B. Suresh, Anshumaan Bahadur Advs. for the Respondent. F The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is filed against the final judgment and order dated 13.06.2016 passed by the High Court of K…
Supreme Court of India16 Nov 2018Full text
2018 INSC 1067 · [2018] 14 S.C.R. 324
– Thus, the persons in the I.As are neither necessary nor proper F parties in the present adjudication – Order passed by the Division Bench is set aside and that of the Single Judge of the High Court is restored. Sumtibai & Others v. Paras Finance Co. Mankanwar W/o Parasmal Chordia (D) & Ors. [2007] 10 SCR 543 – distin…
Supreme Court of India16 Nov 2018Full text
2018 INSC 1066 · [2018] 13 S.C.R. 763
780-B-D; F-G; 781-A-B] Church of North India v. Lavajibhai Ratanjibhai and Others (2005) 10 SCC 760 : [2005] 3 SCR 1037; D Dhulabhai and Others v. The State of Madhya Pradesh and Another [1968] 3 SCR 662 – relied on. 2.1 The present suit is a suit for recovery of possession of the subject property on the basis of title…
Supreme Court of India16 Nov 2018Full text
2018 INSC 1064 · [2018] 13 S.C.R. 791
[2018] 13 S.C.R. 791 791 MAHENDRA PRATAP DUBEY A v. MANAGING OFFICER, EVACUEE PROPERTY & ORS. (Civil Appeal No. 6384 of 2010) NOVEMBER 16, 2018 B [A.M. KHANWILKAR AND DR. DHANANJAYA Y CHANDRACHUD, JJ.] Displaced Persons (Compensation and Rehabilitation) Act, 1954: s. 10(2)(o) – Sale certificate issued by the custodian …
Supreme Court of India15 Nov 2018Full text
2018 INSC 1062 · [2018] 14 S.C.R. 380
– However, it is open in s.4, 2005 Act to make a departure from the said normal tenure and the expression used in the said section is that no Government servant shall ‘ordinarily’ be transferred unless he has completed his tenure of posting as provided in s.3 – Thus, on E a conjoint reading of ss.3 and 4 it is apparent…
Supreme Court of India15 Nov 2018Full text
2018 INSC 1061 · [2018] 13 S.C.R. 804
getting benefit of irregularities and that termination of appointments was without giving any opportunity of hearing to the concerned appointees – In appeal to Supreme Court, by order dated 16.3.2018 liberty was granted to the appellants to approach the High Court for an order to re-work the answer-sheets on the basis …
Supreme Court of India15 Nov 2018Full text
2018 INSC 1060 · [2018] 13 S.C.R. 1028
1028 SUPREME COURT[2018] 13REPORTSS.C.R. 1028 [2018] 13 S.C.R. A ANAND KUMAR MOHATTA AND ANR. v. STATE (GOVT. OF NCT OF DELHI) DEPARTMENT OF HOME AND ANR. B (Criminal Appeal No. 1395 of 2018) NOVEMBER 15, 2018 [S. A. BOBDE AND L. NAGESWARA RAO, JJ.] Penal Code, 1860: C s.406 – Criminal Breach of Trust – Development agr…
Supreme Court of India6 Feb 2018Full text
2018 INSC 106 · [2018] 1 S.C.R. 411
Disposing of the appeal, the Court B HELD: 1.1 The object of Section 49 of the Maharashtra Regional Town Planning Act, 1966 is clear that once a purchase notice is received by the authorities, there arises, as the marginal note to the Section also indicates, an obligation to acquire land. The timelines contemplated by …
Supreme Court of India15 Nov 2018Full text
2018 INSC 1058 · [2018] 13 S.C.R. 1223
1223 1224 SUPREME COURT REPORTS [2018] 13 S.C.R. A for 12 continuous years – Finding recorded by the High Court as to possession is clearly perverse – There is no evidence on record in the form of revenue record that the plaintiff’s vendor was in possession on the date of abolition and thereafter plaintiff remained in …
Supreme Court of India14 Nov 2018Full text
2018 INSC 1053 · [2018] 13 S.C.R. 830
830 SUPREME COURT[2018] REPORTS13 S.C.R. 830 [2018] 13 S.C.R. A P.E.C. LIMITED v. AUSTBULK SHIPPING SDN BHD (Civil Appeal No. 4834 of 2007) B NOVEMBER 14, 2018 [A. M. KHANWILKAR AND L. NAGESWARA RAO, JJ.] Arbitration and Conciliation Act, 1996: ss.44, 46, 47 and 48 – Foreign award – Enforcement and C execution of – Cha…
Supreme Court of India6 Feb 2018Full text
2018 INSC 105 · [2018] 1 S.C.R. 909
[2018] 1 S.C.R. 909 909 THE STATE OF KARNATAKA & ORS. A v. SHANKAR BABURAO KANGRALKAR & ANR. (Civil Appeal No. 1612 of 2018) FEBRUARY 06, 2018 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Karnataka Education Department Services (Department of Public Instructions) (Recruitment) (Amendment) Rules, 2002 – Recruitment Rules – …
Supreme Court of India13 Nov 2018Full text
2018 INSC 1049 · [2018] 13 S.C.R. 822
3. In the present case, there are not even suggestion of any act done by appellants amounting to an offence referred to in Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012. Thus, there was no occasion to proceed against the appellants under the 2012 Act. [Para 10][828-D] F Hardeep Singh v. …
Supreme Court of India12 Nov 2018Full text
2018 INSC 1045 · [2018] 14 S.C.R. 299
[2018] 14 S.C.R. 299 299 LOUREMBAM DEBEN SINGH & ORS. A v. UNION OF INDIA & ORS. ETC. (CRL.M.P. No. 125554 of 2018) in B Writ Petition (Criminal) No. 205 OF 2018 NOVEMBER 12, 2018 [MADAN B. LOKUR AND UDAY UMESH LALIT, JJ.] Extra-judicial Executions: Mandamus – Role of Constitutional Court in monitoring investigations i…
Supreme Court of India2 Nov 2018Full text
2018 INSC 1041 · [2018] 11 S.C.R. 1068
1068 SUPREME COURT[2018] REPORTS11 S.C.R. 1068 [2018] 11 S.C.R. A PRATAP MEHTA v. SUNIL GUPTA & ORS. (Civil Appeal Nos. 8172-8173 of 2018) B NOVEMBER 02, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Bar Council of India Rules: r.7 – Election held by State Bar Council of M.P. – Notice issued for holding first meeting of ne…
Supreme Court of India6 Feb 2018Full text
2018 INSC 104 · [2018] 4 S.C.R. 1003
Dying declaration: Considerations that make dying declaration dangerous kind of evidence – Discussed – Cautious approach of Court to rely on dying declaration – Dying declaration cannot form the sole basis for conviction unless it is corroborated – The courts must be cautious and must rely on the G same only if it insp…
Supreme Court of India2 Nov 2018Full text
2018 INSC 1039 · [2018] 13 S.C.R. 868
868 SUPREME COURT[2018] REPORTS13 S.C.R. 868 [2018] 13 S.C.R. A HIMACHAL PRADESH CRICKET ASSOCIATION & ANR. v. STATE OF HIMACHAL PRADESH & ORS. (Criminal Appeal Nos. 1258-1259 of 2018) B NOVEMBER 02, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Code of Criminal Procedure, 1973: s.482 – Quashing of FIRs – In the instant ca…
Also on Law on Tips: Bare Acts · Legal news and analysis
2018 INSC 1076 · [2018] 13 S.C.R. 753
[2018] 13 S.C.R. 753 753 VIMLA DEVI & ORS. A v. NATIONAL INSURANCE COMPANY LIMITED & ORS. (Civil Appeal No. 11042 of 2018) NOVEMBER 16, 2018 B [ABHAY MANOHAR SAPRE AND INDU MALHOTRA, JJ.] Motor Vehicles Act, 1988: s.166 – Fatal accident – Claim petition – The documents filed in the criminal proceedings in respect of th…
Supreme Court of India16 Nov 2018Full text
2018 INSC 1071 · [2018] 14 S.C.R. 321
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 11034 F of 2018. From the Judgment and Order dated 16.08.2016 of the High Court of Delhi at New Delhi in Chat. A. Ref. No. 4.2012. Rana Mukherjee, Sr. Adv., Pramod Dayal, Nikunj Dayal, Ms. Payal G Dayal, Advs. for the Appellant. Balaji Srinivasan, Ms. Pallavi Sengupta, Ms…
Supreme Court of India6 Feb 2018Full text
2018 INSC 107 · [2018] 1 S.C.R. 882
882 SUPREME COURT REPORTS [2018] 1 S.C.R. A DATARAM SINGH v. STATE OF UTTAR PRADESH & ANR. B (Criminal Appeal No. 227 of 2018) FEBRUARY 06, 2018 [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] C Bail: FIR against appellant (accused) u/ss. 419, 420, 406 and 506 IPC and complaint u/s. 138 of Negotiable Instruments Act – During in…
Supreme Court of India16 Nov 2018Full text
2018 INSC 1069 · [2018] 13 S.C.R. 1183
Shinoj K.Narayanan, K. Rajeev, Advs. for the Appellant. Vipin Nair, P. B. Suresh, Anshumaan Bahadur Advs. for the Respondent. F The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is filed against the final judgment and order dated 13.06.2016 passed by the High Court of K…
Supreme Court of India16 Nov 2018Full text
2018 INSC 1067 · [2018] 14 S.C.R. 324
– Thus, the persons in the I.As are neither necessary nor proper F parties in the present adjudication – Order passed by the Division Bench is set aside and that of the Single Judge of the High Court is restored. Sumtibai & Others v. Paras Finance Co. Mankanwar W/o Parasmal Chordia (D) & Ors. [2007] 10 SCR 543 – distin…
Supreme Court of India16 Nov 2018Full text
2018 INSC 1066 · [2018] 13 S.C.R. 763
780-B-D; F-G; 781-A-B] Church of North India v. Lavajibhai Ratanjibhai and Others (2005) 10 SCC 760 : [2005] 3 SCR 1037; D Dhulabhai and Others v. The State of Madhya Pradesh and Another [1968] 3 SCR 662 – relied on. 2.1 The present suit is a suit for recovery of possession of the subject property on the basis of title…
Supreme Court of India16 Nov 2018Full text
2018 INSC 1064 · [2018] 13 S.C.R. 791
[2018] 13 S.C.R. 791 791 MAHENDRA PRATAP DUBEY A v. MANAGING OFFICER, EVACUEE PROPERTY & ORS. (Civil Appeal No. 6384 of 2010) NOVEMBER 16, 2018 B [A.M. KHANWILKAR AND DR. DHANANJAYA Y CHANDRACHUD, JJ.] Displaced Persons (Compensation and Rehabilitation) Act, 1954: s. 10(2)(o) – Sale certificate issued by the custodian …
Supreme Court of India15 Nov 2018Full text
2018 INSC 1062 · [2018] 14 S.C.R. 380
– However, it is open in s.4, 2005 Act to make a departure from the said normal tenure and the expression used in the said section is that no Government servant shall ‘ordinarily’ be transferred unless he has completed his tenure of posting as provided in s.3 – Thus, on E a conjoint reading of ss.3 and 4 it is apparent…
Supreme Court of India15 Nov 2018Full text
2018 INSC 1061 · [2018] 13 S.C.R. 804
getting benefit of irregularities and that termination of appointments was without giving any opportunity of hearing to the concerned appointees – In appeal to Supreme Court, by order dated 16.3.2018 liberty was granted to the appellants to approach the High Court for an order to re-work the answer-sheets on the basis …
Supreme Court of India15 Nov 2018Full text
2018 INSC 1060 · [2018] 13 S.C.R. 1028
1028 SUPREME COURT[2018] 13REPORTSS.C.R. 1028 [2018] 13 S.C.R. A ANAND KUMAR MOHATTA AND ANR. v. STATE (GOVT. OF NCT OF DELHI) DEPARTMENT OF HOME AND ANR. B (Criminal Appeal No. 1395 of 2018) NOVEMBER 15, 2018 [S. A. BOBDE AND L. NAGESWARA RAO, JJ.] Penal Code, 1860: C s.406 – Criminal Breach of Trust – Development agr…
Supreme Court of India6 Feb 2018Full text
2018 INSC 106 · [2018] 1 S.C.R. 411
Disposing of the appeal, the Court B HELD: 1.1 The object of Section 49 of the Maharashtra Regional Town Planning Act, 1966 is clear that once a purchase notice is received by the authorities, there arises, as the marginal note to the Section also indicates, an obligation to acquire land. The timelines contemplated by …
Supreme Court of India15 Nov 2018Full text
2018 INSC 1058 · [2018] 13 S.C.R. 1223
1223 1224 SUPREME COURT REPORTS [2018] 13 S.C.R. A for 12 continuous years – Finding recorded by the High Court as to possession is clearly perverse – There is no evidence on record in the form of revenue record that the plaintiff’s vendor was in possession on the date of abolition and thereafter plaintiff remained in …
Supreme Court of India14 Nov 2018Full text
2018 INSC 1053 · [2018] 13 S.C.R. 830
830 SUPREME COURT[2018] REPORTS13 S.C.R. 830 [2018] 13 S.C.R. A P.E.C. LIMITED v. AUSTBULK SHIPPING SDN BHD (Civil Appeal No. 4834 of 2007) B NOVEMBER 14, 2018 [A. M. KHANWILKAR AND L. NAGESWARA RAO, JJ.] Arbitration and Conciliation Act, 1996: ss.44, 46, 47 and 48 – Foreign award – Enforcement and C execution of – Cha…
Supreme Court of India6 Feb 2018Full text
2018 INSC 105 · [2018] 1 S.C.R. 909
[2018] 1 S.C.R. 909 909 THE STATE OF KARNATAKA & ORS. A v. SHANKAR BABURAO KANGRALKAR & ANR. (Civil Appeal No. 1612 of 2018) FEBRUARY 06, 2018 B [MADAN B. LOKUR AND DEEPAK GUPTA, JJ.] Karnataka Education Department Services (Department of Public Instructions) (Recruitment) (Amendment) Rules, 2002 – Recruitment Rules – …
Supreme Court of India13 Nov 2018Full text
2018 INSC 1049 · [2018] 13 S.C.R. 822
3. In the present case, there are not even suggestion of any act done by appellants amounting to an offence referred to in Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012. Thus, there was no occasion to proceed against the appellants under the 2012 Act. [Para 10][828-D] F Hardeep Singh v. …
Supreme Court of India12 Nov 2018Full text
2018 INSC 1045 · [2018] 14 S.C.R. 299
[2018] 14 S.C.R. 299 299 LOUREMBAM DEBEN SINGH & ORS. A v. UNION OF INDIA & ORS. ETC. (CRL.M.P. No. 125554 of 2018) in B Writ Petition (Criminal) No. 205 OF 2018 NOVEMBER 12, 2018 [MADAN B. LOKUR AND UDAY UMESH LALIT, JJ.] Extra-judicial Executions: Mandamus – Role of Constitutional Court in monitoring investigations i…
Supreme Court of India2 Nov 2018Full text
2018 INSC 1041 · [2018] 11 S.C.R. 1068
1068 SUPREME COURT[2018] REPORTS11 S.C.R. 1068 [2018] 11 S.C.R. A PRATAP MEHTA v. SUNIL GUPTA & ORS. (Civil Appeal Nos. 8172-8173 of 2018) B NOVEMBER 02, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Bar Council of India Rules: r.7 – Election held by State Bar Council of M.P. – Notice issued for holding first meeting of ne…
Supreme Court of India6 Feb 2018Full text
2018 INSC 104 · [2018] 4 S.C.R. 1003
Dying declaration: Considerations that make dying declaration dangerous kind of evidence – Discussed – Cautious approach of Court to rely on dying declaration – Dying declaration cannot form the sole basis for conviction unless it is corroborated – The courts must be cautious and must rely on the G same only if it insp…
Supreme Court of India2 Nov 2018Full text
2018 INSC 1039 · [2018] 13 S.C.R. 868
868 SUPREME COURT[2018] REPORTS13 S.C.R. 868 [2018] 13 S.C.R. A HIMACHAL PRADESH CRICKET ASSOCIATION & ANR. v. STATE OF HIMACHAL PRADESH & ORS. (Criminal Appeal Nos. 1258-1259 of 2018) B NOVEMBER 02, 2018 [A. K. SIKRI AND ASHOK BHUSHAN, JJ.] Code of Criminal Procedure, 1973: s.482 – Quashing of FIRs – In the instant ca…
Also on Law on Tips: Bare Acts · Legal news and analysis