SUPREME COURT OF INDIA JUDGMENTS

Alphabetical list of Supreme Court judgments with headnotes

Supreme Court Judgments [Without head notes]

Supreme Court judgments 1950 – 2019

  • A decree obtained by fraud cannot be used as res judicata and the same can be challenged by a separate Suit-SC - RAM CHANDRA SINGH VS SAVITRI DEVI AND OTHERS - judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud" on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court's business.
  • A. K. Gopalan Versus State of Madras 19/5/1950 - Keywords-Due process of Law-Procedure established by Law⇔ Under our Constitution, our life and personal liberty are balanced by restrictions on the rights of the citizens as laid down in Art. 19 and […]
  • A. K. Gopalan vs State of Madras - KEYWORDS:-PREVENTIVE DETENTION DATE :- 19-05-1950 A preventive detention law which provides some procedure and complies with the requirements of Art. 22 (4) to (7) must be held to be a good law. As […]
  • A.R. Antulay Versus R.S. Naik and others-29/10/1986 - The Supreme Court cannot exercise its powers under Section 407 of Cr.P.C. and has no power to transfer the case from the Court of Special Judge to the High Court for speedier trial
  • A.V. Subramanian Vs. Union of India and ANR- 10/01/2017 - In a land acquisition case the claimants have received different amounts by way of compensation and that too in respect of the lands of same nature covered by the same notification and acquired for the same purpose
  • Abhijit Das Vs. State of Tripura-20/01/2019 - The sentence is altered to the period already undergone SUPREME COURT OF INDIA Act: Section 324 IPC [Criminal Appeal No. 148 of 2017 @ Special Leave Petition (CRL.) No. 9253 of 2014] […]
  • Abhinandan Jha and others Vs Dinesh Mishra-17/04/1967 - It will be seen that the Code, as such does not use the expression ‘charge-sheet’ or ‘final report’. But is understood in the Police Manual containing Rules and Regulations, that a report by the police, filed under Section 170 of the Code, is referred to as a ‘charge-sheet’. But in respect of the reports sent under Section 169 i. e., when there is no sufficient evidence to justify the forwarding of the accused to a Magistrate, it is termed variously, in different States, as either ‘referred charge’, ‘final report’, or ‘Summary’.
  • ADI PHEROZSHAH GANDHI Vs. H.M. SEERVAI, ADVOCATE GENERAL OF MAHARASHTRA, BOMBAY – 21/08/1970 - In a civil proceeding the decision of a criminal court is not res judicata. To give an example, if a person is involved in a traffic offence in which some one is injured he may in the criminal court receive a light sentence but if he is sued in a civil court for heavy damages he can plead and prove that he was not negligent or that accident was due to the contributory negligence of the defendant. The decision of the criminal court would not preclude him from raising this issue before the civil court.
  • ADVOCATES ASSOCIATION, BANGALORE Vs. UNION OF INDIA (UOI) AND OTHERS-27/08/2013 - A large crowd gathered in the court premises caused a great deal of inconvenience, as a result of which, scuffle ensued between advocates, police and media persons and simultaneously violence broke out […]
  • AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS 26/ 7/2010 - A civil court exercising power under Section 89 CPC cannot refer a suit to arbitration unless all the parties to the suit agree to such reference. If the reference is to arbitration or conciliation, the court has to record that the reference is by mutual consent. If the reference is to any other non-adjudicatory ADR process, the court should briefly record the same.
  • Aftaruddin (D) represented through LRS. Vs. Ramkrishna Datta @ Babul Datta & Ors. 8/12/2017 - A “raiyat” has been defined in Section 2(s) of the TLR & LR Act to mean a person who owns land for purposes of agriculture, paying land revenue to the Government; and […]
  • Agarwal Tracom Pvt. Ltd. Vs. Punjab National Bank & Ors-27/11/2017 - It is true that the rule of exhaustion of alternative remedy is a rule of discretion and not one of compulsion, but it is difficult to fathom any reason why the High Court should entertain a petition filed under Article 226 of the Constitution and pass interim order ignoring the fact that the petitioner can avail effective alternative remedy by filing application, appeal, revision, etc. and the particular legislation contains a detailed mechanism for redressal of his grievance.
  • Ajayinder Sangwan and Ors. Vs. Bar Council of Delhi & Ors-5/2/2018 - y means of this application, the applicant, who is practicing as an advocate and is enrolled with the Bar Council of Andhra Pradesh seeks a direction to conduct elections and direct the Andhra Pradesh Bar Council and Telangana State Bar Council to conduct election as per the scheduled declared by this Court.
  • Ajayinder Sangwan vs Bar Council Of Delhi-23/8/2017 - The respective State Bar Councils shall publish a Final Electoral Roll by including the names and particulars of such advocates whose degrees attached with the application forms have been verified by the concerned University authorities. The names of all such advocates who have not removed the defects in the application forms already submitted within the specified time and also such persons whose degrees on verification have been found false or fake by the University authorities shall not be included in the Electoral Rolls.
  • Ajoy Kumar Ghose Vs State of Jharkhand and Another Respondent-18/03/2009. - Difference between Proceeding instituted on Police report and Proceeding instituted otherwise than police report
  • Alakh Alok Srivastava Vs. Union of India & Ors.-1/5/2018 - Section 37 provides that the Special Court shall try cases in camera and in the presence of the parents of the child or any other person in whom the child has trust or confidence; Section 36 casts a duty on the Special Court to ensure that the child is not exposed in any way to the accused at the time of recording of the evidence while at the same time ensuring that the accused is in a position to hear the statement of the child and communicate with his advocate.
  • ALL INDIA JUDGES ASSOCIATION AND OTHERS Vs. UNION OF INDIA (UOI) AND OTHERS – 08/02/2001 - The Shetty Commission has recommended assured career progressive scheme and functional scales. We have accepted the said recommendation and a suggestion was mooted to the effect that in order that a judicial officer does not feel that he is stagnated, there should be a change in the nomenclature with the change of the pay scale.
  • ALL INDIA RESERVE BANK EMPLOYEES ASSOCIATION Vs. RESERVE BANK OF INDIA-23/4/1965 - SUPREME COURT OF INDIA FULL BENCH ( Before : P.B. Gajendragadkar, C.J; V. Ramaswami, J; M. Hidayatullah, J; K. N. Wanchoo, J ) ALL INDIA RESERVE BANK EMPLOYEES ASSOCIATION — Appellant Vs. […]
  • Amalgamated Coalfields Ltd. and others Versus Janapada Sabha, Chhindwara -10/02/1961 - there was no legislative power for the levy of the tax and that consequently the fundamental rights of the petitioners under Art. 19(1)(f) and (g) are being violated.
  • Ameet Lalchand Shah and Others Vs. Rishabh Enterprises and Another-3/5/2018 - An arbitration agreement means an agreement which is enforceable in law and the jurisdiction of the arbitrator is on the basis of an arbitration clause contained in the arbitration agreement. However, in a case where the parties alleged that the arbitration agreement is vitiated on account of fraud, the Court may refuse to refer the parties to arbitration.
  • Amrutbhai Shambhubhai Patel Vs. Sumanbhai Kantibhai Patel & Ors.2/2/2017 - the scheme of Sections 154, 157 and 173 in particular of the Cr.P.C and the pattern of consequences to follow in the two contingencies referred to herein above, this Court propounded that in case the Magistrate is not inclined to take cognizance of the offence and issue process, the informant must be given an opportunity of being heard so that he can make his submissions to persuade the Magistrate to take cognizance of the offence and issue process.
  • Anand Kumar Sharma Vs. Bar Council of India through Secretary & Another-1/3/2019 - Suppressing the fact at the time of seeking enrolment in the Bar Council pertains to being in Government service in the State of Himachal Pradesh and involvement in a criminal case and Subsequent acquittal cannot come to the rescue an applicant. Section 26 of the Advocates Act, 1961 confers power on the Bar Council of India to remove the name of a person who entered on the Roll of Advocates by misrepresentation.
  • Anu Bhanvara etc. Vs. IFFCO Tokio General Insurance Company Ltd. & Ors- 9/8/2019 - Adequate compensation – which of the respondents, that is the owner and driver, or the insurer of the vehicle, would be liable for payment of such compensation-since the claimants were gratuitous passengers […]
  • ARJUN GOPAL AND OTHERS VERSUS UNION OF INDIA AND OTHERS-9/10/2017 -   IN THE SUPREME COURT OF INDIACIVIL ORIGINAL JURISDICTION Date: October 09, 2017. Bench : (A.K. SIKRI) (ABHAY MANOHAR SAPRE) (ASHOK BHUSHAN) IA NO. 92862 OF 2017 IN WRIT PETITION (CIVIL) NO. 728 OF 2015 W I T […]
  • Article 142 of the Constitution of India cannot be exercised to supplant the statutory provision  - Anupal Singh and Others Vs. State of U.P through Principal Secretary, Personnel Department and Others-30/09/2019-The power under Article 142 of the Constitution of India cannot be exercised to supplant the statutory provision under the UP Reservation Act, 1994.
  • Ashoksinh Jayendrasinh Vs. State of Gujarat – 07/05/19 - Section 302 IPC read with Section 34 IPC- Life imprisonment converted into acquittal by giving benefit of doubt-Supreme Court would be slow to interfere with the concurrent findings of the courts below. In an appeal under Article 136 of the Constitution of India, concurrent findings of fact cannot be interfered with unless shown to be perverse (vide Mahesh Dattatray Thirthkar v. State of Maharashtra (2009) 11 SCC 141). Where the appreciation of evidence is erroneous, the Supreme Court would certainly appreciate the evidence.
  • Aslam Ahmed Zahire Ahmed Shaik Versus Union of India and others-04/04/1989 - constitutional requirement of expeditious consideration of the petitioner’s representation by the Government as spelt out from Art. 22(5) of the Constitution
  • Assam Public Works Vs. Union of India & Ors. 13/08/ 2019 - The entire NRC exercise having been performed and the same cannot be now ordered to be reopened by initiation of a fresh exercise on certain other parameters that have been suggested on behalf of the intervenors/applicants on the strength of the provisions of Section 3(1)(a) of the Act.
  • Bajarang Shyamsunder Agarwal Vs. Central Bank of India & ANR-11/09/2019 - Section 13 (13) SARFAESI Act-
  • Bhagwant Singh Vs Commissioner of Police and another- 25/04/1985 - Criminal Procedure Code, 1973—Sections 154(1) and 157(1)- The injured person or any relative of the deceased, though not entitled to notice from the Magistrate, has locus to appear before the Magistrate at the time of consideration of the report, if he otherwise comes to know that the report is going to be considered by the Magistrate and if he wants to make his submissions in regard to the report, the Magistrate is bound to hear him.
  • Bhagwati Prasad Versus Chandramaul- 19/10/1965 - If a party asks for a relief on a clear and specific ground, and in the issues or at the trial, no other ground is covered either directly or by necessary implication, it would not be open to the said party to attempt to sustain the same claim on a ground which is entirely new.
  • Bhajan lal Versus State of Punjab and Others – 28/09/1970 - Section 18 of the Punjab Security of Land Tenures Act, 1953
  • BHAWNA BAI VS GHANSHYAM AND OTHERS- 03/12/2019 - For framing the charges under Section 228 Crl.P.C., the judge is not required to record detailed reasons. As pointed out earlier, at the stage of framing the charge, the court is not required to hold an elaborate enquiry; only prima facie case is to be seen.
  • Binod Kumar  Versus State of Jharkhand and Others – 29/03/2011 - Prevention of Money Laundering Act, 2002—Sections 4, 45(1A), 43 and 44-The investigation under the PML Act is solely and exclusively within the jurisdiction and domain of the Enforcement Directorate, which is of course subject to the exercise of powers by the Central Government under Section 45(1A) of the said Act.
  • Birendra Prasad Sah Vs. State of Bihar & ANR – 08/05/19 - Section 138 of the NI Act, 1881-Issuance of successive notices is permissible under the provisions of Section 138-Condonation of Delay-The CJM condoned the delay on the cause which was shown by the appellant and it is evident that the appellant had indicated sufficient cause for seeking condonation of the delay in the institution of the complaint. 
  • Biswanath Agarwalla Vs Sabitri Bera and Ors Respondent – 04/08/2009 - court fees Act, 1870—Section 7(v)—Payment of court-fee—For obtaining a decree for recovery of possession, court-fees is required to be paid in terms of Section 7(v), according to value of subject-matter of suit.
  • Bombay High Court refused to quash FIR against Gautam Navlakha in Koregaon-Bhima violence - Bombay High Court dismissed the petition filed by Navlakha seeking to quash the FIR lodged against him by the Pune police in January 2018 after the Elgar Parishad held on December 31, […]
  • Bramchari Sidheswar Shai and others Versus State of WEST BENGAL – 02/07/1995 - Can the citizens of India residing in the State of West Bengal who are professing, practising or propagating the religious doctrines and teachings of Ramakrishna and have become his followers, claim to […]
  • BSES Yamuna Power Ltd. Vs Sh. Ghanshyam Chand Sharma & Anr-05/12/2019 - Pension Denied: Even if the first respondent had served twenty years, under Rule 26 of the CCS Pension Rules his past service stands forfeited upon resignation. The first respondent is therefore not […]
  • C.R. NEELAKANDAN AND ANOTHER Vs. UNION OF INDIA (UOI) AND OTHERS-07/05/2014 - Tamil Nadu is entitled to the reliefs as prayed in para 40 (i) and (ii) of the suit. Consequently, it is declared that the Kerala Irrigation and Water Conservation (Amendment) Act, 2006 passed by the Kerala legislature is unconstitutional in its application to and effect on the Mullaperiyar dam.
  • Center for PIL and Others Versus Union of India and Others-11/04/2011 - In larger public interest, this Court, in exercise of its power under Article 136 of the Constitution has been monitoring the investigation in a most comprehensive manner.
  • Central Bureau of Investigation & ANR. Vs. Mohd. Parvez Abdul Kayuum Etc-05/07/19 - PUBLIC INTEREST LITIGATION-the provisions of Article 32 do not specifically indicate who can move the court. In the absence of such a provision in that respect, it is plain that the petitioner may be anyone in whom the law has conferred power to maintain an action of such nature. It is open to anybody who is interested in the petition under Article 32 of the Constitution for relief.
  • Central Bureau of Investigation etc. Vs. Mrs. Pramila Virendra Kumar Agarwal & ANR. etc 25/09/2019 - PREVENTION OF CORRUPTION-The absence of sanction no doubt can be agitated at the threshold but the invalidity of the sanction is to be raised during the trial. In the instant facts, admittedly there is a sanction though the accused seek to pick holes in the manner the sanction has been granted and to claim that the same is defective which is a matter to be considered in the trial.
  • Chaitu Lal Vs. State of Uttarakhand-20/11/2019 - RAPE-The attempt to commit an offence begins when the accused commences to do an act with the necessary intention. In the present case, the accused appellant pounced upon the complainant victim, sat upon her and lifted her petticoat while the complainant victim protested against his advancements and wept.
  • Chandavarkar Sita Ratna Rao Versus Ashalata S. Guram-25/09/1986 - Statutory tenant is in the same position as a contractual tenant until the decree for eviction was passed against him and the rights of a contractual tenant included the right to create licence even if he was the transferor of an interest which was not in fact the transfer of interest.
  • CHANDRA PRAKASH Vs. STATE OF RAJASTHAN – 09/05/2014 - The basic ingredients of the offence of criminal conspiracy are: (i) an agreement between two or more persons; (ii) the agreement must relate to doing or causing to be done either (a) […]
  • Chanmuniya Vs Chanmuniya Virendra Kumar Singh Kushwaha and Another – 07/10/2010 - Keywords:- Live in a relationship:- wife-  Women in live-in relationships are also entitled to all the reliefs given in the said Act. [ref: to the larger bench] (SUPREME COURT OF INDIA) (Before […]
  • Charanjit Lal Chowdhury  Vs  The Union of India and others – 04/12/1950. - Constitution of India, 1950—Articles 14, 19, 31, 32—Deprivation of property
  • Chief Justice of India is a public authority under the Right to Information Act: SC - SUPREME COURT OF INDIA VS SUBHASH CHANDRA AGARWAL 13/11/2019-Chief Justice of India is a public authority under the Right to Information Act: SC
  • Commissioner of Central Excise, Haldia Vs. M/s. Krishna Wax Pvt. Ltd-14/11/2019 - Writ in Excise Matter-It has been laid down by this Court that the excise law is a complete code in itself and it would normally not be appropriate for a Writ Court to entertain a petition under Article 226 of the Constitution and that the concerned person must first raise all the objections before the authority who had issued a show cause notice and the redressal in terms of the existing provisions of the law could be taken resort to if an adverse order was passed against such person.
  • Commissioner of Income Tax vs. Laxman Das Khandelwal – 13/08/2019 - Income Tax Act - According to Section 292BB of the Act, if the assessee had participated in the proceedings, by way of legal fiction, notice would be deemed to be valid even if there be infractions as detailed in said Section.
  • COMMON CAUSE, A REGISTERED SOCIETY Vs. UNION OF INDIA AND OTHERS- 03/08/1999 - Review literally and even judicially means re-examination or reconstruction. Basic philosophy inherent in it is the universal acceptance of human fallibility Yet in the realm of law the Courts and even the statutes lean strongly in favour of finality ot decision legally and properly made Exceptions both statutorily and judicially have been carved out to correct accidental mistakes or miscarriage ot justice Even when there was no statutory provision and no rules were framed by the highest Court indicating the circumstances in which it could rectify its order the Courts culled out such power to avoid abuse of process or miscarriage of justice,
  • D. Sasi Kumar Vs. Soundararajan-23/09/2019 - If as on the date of filing the petition the requirement subsists and it is proved, the same would be sufficient irrespective of the time-lapse in the judicial process coming to an end.
  • D. Velusamy Vs D. Patchaiammal- 21/10/2010 - Key Words:– Maintenance-Delay-a relationship in the nature of marriage-Polimony-common law marriage⇒ It is not for Supreme Court to legislate or amend law—Parliament has used the expression “relationship in nature of marriage” and […]
  • D.S. NAKARA AND OTHERS Vs. UNION OF INDIA (UOI) – 17/12/1982 - Do pensioners entitled to receive superannuation or retiring pension under Central Civil Services (Pension) Rules, 1972 (‘1972 Rules’ for short) form a class as a whole? Is the date of retirement a […]
  • Dalbir Singh Vs. Union of India & Ors-02/07/19 - Summary General Court Martial-In service matters the past conduct, both positive and negative will be relevant not only while referring to the misconduct but also in deciding the proportionality of the punishment, the Court should be cautious while considering the case of an officer/soldier/employee of a disciplined force and the same yardstick or sympathetic consideration as in other cases cannot be applied. The resources of the country are spent on training a soldier to retaliate and fight when the integrity of the nation is threatened and there is aggression. In such grave situation if a soldier turns his back to the challenge, it will certainly amount to cowardice.
  • Delhi Transport Corporation Vs D. T. C. Mazdoor Congress and others – 4/09/1990 - whether the employer, Statutory Corporation or instrumentality or other authority under Art. 12 of the Constitution has unbridled power to terminate the services of a permanent employee by issue of notice or pay in lieu thereof without inquiry or opportunity, in exercise of the power in terms of contract which include statutory Rules or Regulations or instructions having force of law.
  • Deoki Nandan Versus Murlidhar and others – 04/10/1956 - Under the Hindu law, an idol is a juristic person capable of holding property and the properties endowed for the institution vest in it.
  • DEOKINANDAN PRASAD Vs. THE STATE OF BIHAR AND OTHERS - SUPREME COURT OF INDIA FULL BENCH ( Before : S. M. Sikri, C.J; P. Jaganmohan Reddy, J; I. D. Dua, J; G. K. Mitter, J; C. A. Vaidyialingam, J ) DEOKINANDAN PRASAD […]
  • Devendra and OTHERS Vs State of U.P. and ANOTHER – 06/05/2009 - When the allegations made in the First Information Report or the evidences collected during investigation do not satisfy the ingredients of an offence, the superior courts would not encourage harassment of a person in a criminal court for nothing.
  • Dr. Ashwani Kumar Vs. Union of India and Another – 5/09/2019 - The right to life with dignity under Article 21, this Hon'ble Court may be pleased to direct the Central Government to enact a suitable stand-alone, comprehensive legislation against custodial torture as it has directed in the case of mob violence/lynching vide its judgment 17th July 2018.
  • Dr. S. Kumar & Ors. Vs. S. Ramalingam-16/07/19 - Section 41 of the Indian Easements Act, 1882-Easement of necessity-The argument that right of easement stands extinguished once the easement of necessity comes to an end is not applicable if the rights of the parties arise out of a sale deed and the rights of the parties have to be adjudicated upon as they exist on the date of filing of the suit. The subsequent events of inheritance vesting the property in the same person will not take away the easement right. The appellants have been granted right to use passage in the sale deed.
  • Federation of Bank of India Staff Unions & ANR. Vs. Union of India & ANR- 1/3/2019 - Indeed, the qualifications and disqualifications are bound to vary from category to category and would depend on the post, experience and the stream from where a person is being nominated as a Director.
  • Firdous Omer (D) by LRs and OTHERS Versus Bankim Chandra Daw (D) by LRs and OTHERS-28/07/2006 - Dismissal of a suit-whether an application for restoration of the suit dismissed under Rule 35 of Chapter X of the Original Side Rules of the Calcutta High Court is maintainable and if it is maintainable whether an application could be entertained only if it is filed before the order dismissing the suit is drawn up, completed and filed.
  • Fiza Developers and Inter-Trade P. Ltd. Versus AMCI (I) Ltd. AND ANOTHER-27/07/2009 - In an adversarial process, each party to a dispute presents its case to the natural adjudicator seeking to demonstrate the correctness of his own case and the wrongness of the other.  While […]
  • Fr. Issac Mattammel Cor-Episcopa Vs. St. Mary’s Orthodox Syrian Church & Ors.- 6/09/2019 - Malankara Church is episcopal in character to the extent it is so declared in the 1934 Constitution. The 1934 Constitution fully governs the affairs of the parish churches and shall prevail.
  • Full text of the Supreme Court Judgment on Ram Janmabhumi Title appeal - M Siddiq (D) Thr Lrs  Vs Mahant Suresh Das & Ors Date: SATURDAY, NOVEMBER 9TH, 2019 Unanimous Judgment passed by  CJI. RANJAN GOGOI J. S A BOBDE J. DR DHANANJAYA Y CHANDRACHUD J. ASHOK BHUSHAN J. […]
  • Ganpati Babji Alamwar (D) by LRS. Ramlu and Others Vs. Digambarrao Venkatrao Bhadke and Others- 12/09/2019 - Mortgage by conditional sale-There must exist a debtor and creditor relationship. The valuation of the property, and the transaction value, along with the duration of time for reconveyance, are important considerations to decide the nature of the agreement.
  • Gautam Sarup Versus Leela Jetly and OTHERS- 07/03/2008 - An admission made in a pleading is not to be treated in the same manner as an admission in a document.
  • Gayatri Devi Pansari Versus State of Orissa and others – 11/04/2000 - The Policy of the State Government, indisputably being to provide 30% of the 24 hours Medical Stores within a District in favour of ladies by virtue of specific orders passed, therefore, that would itself provide sufficient and valid as well as legal basis for extending preference in favour of a lady applicant as long as the ceiling limit is not violated.
  • Gopal Jha Vs. The Hon’ble Supreme Court of India – 25/10/2018 - In accordance with these rules, the Hon’ble Chief Justice of India (CJI) has also constituted the Judges’ Allotment Committee. It comprises of Hon’ble Judges of this Court, nominated by CJI. There is […]
  • Goswami Shri Mahalaxmi Vahuji Vs Shah Ranchhoddas Kalidas (Dead) and others-09/09/1969 - Though most of the present day Hindu public temples have been founded as public temples, there are instances of private temples becoming public temples in course of time.
  • Govindbhai Chhotabhai Patel & Ors. Vs. Patel Ramanbhai Mathurbhai-23/09/2019 - In the absence of any evidence of any forgery or fabrication and in the absence of specific denial of the execution of the gift deed, the Donee was under no obligation to examine one of the attesting witnesses of the gift deed.
  • Guman Singh Vs. State of Rajasthan – 24/5/2019 - A witness can be graded as reliable, unreliable, neither wholly reliable nor wholly unreliable and consequences shall be followed accordingly
  • Gurbaksh Singh Sibbia Versus The State of Punjab-9/04/1980 - Criminal Procedure Code, 1973—Sections 437 and 438—Anticipatory bail—Considerations for—Anticipation of foul play—The provision for grant of bail can be invoked to meet such contingency in addition to other grounds.
  • Guriya @ Tabassum Tauquir and Ors Vs State of Bihar and Anr- 28/09/2007 - On a careful reading of Sec. 319 of the Code as well as the aforesaid two decisions, it becomes clear that the trial court has undoubted jurisdiction to add any person not […]
  • Guru @ Gurubaran & Ors. Vs. State represented by Inspector of Police 27/09/2019 - Section 302, Indian Penal Code -the accused can only be held guilty of having committed the offence under Section 324 IPC. He has already undergone imprisonment for around 11 years and, therefore, his conviction under Section 302 IPC is altered to Section 324 IPC and the sentence is reduced to the period of incarceration already undergone.
  • H.V.P.N.L. Vs Mahavir-21/07/2000 - The Appellate Forum is bound to refer to the pleadings of the case, the submissions of the counsel, necessary points for consideration, discuss the evidence and dispose of the matter by giving valid reasons.
  • Harendra Nath Bhattacharya and others Vs Kaliram Das (dead) by his legal representatives and others -22/11/1971 - Civil Procedure Code, 1908—Section 92—Leave to sue—Necessity of—No allegation of breach of trust or necessity of scheme of administration—Provision has no application.
  • Hari Sankaran Vs. Union of India & Others – 04/06/19 - Section 130(1) & (2) read with sections 211/212 and Sections 241/242 of the Companies Act, 2013- Report of the RBI Report can be taken note of, while upholding the order passed by the learned Tribunal under Section 130 of the Companies Act. As a larger public interest has been involved and reopening of the books of accounts and recasting of financial statements of the aforesaid companies is required to be carried out in the larger public interest, to find out the real truth, and the conditions precedent while invoking power under Section 130 of the Companies Act are satisfied/complied with, therefore order passed by the learned Tribunal passed under Section 130 of the Companies Act, confirmed by the learned Appellate Tribunal, is not required to be interfered with.
  • Harinarayan G. Bajaj Versus State of Maharashtra and Others-06/01/2010 - Under Section 244, Cr. P.C. the accused has a right to cross-examine the witnesses and in the matter of Section 319, Cr.P.C. when a new accused is summoned, he would have similar right to cross-examine the witness examined during the inquiry afresh.
  • Hemareddi (D) through LRS. Vs. Ramachandra Yallappa Hosmani and Ors – 07/05/19 - ABATEMENT OF SUIT- Death of a party during the currency of a litigation -The impact of death of the late brother of the appellant qua the proceeding is one arising out of the incompatibility of a decree which has become final with the decree which the appellant invites the appellate court to pass.
  • HIRAL P. HARSORA AND ORS. VERSUS KUSUM NAROTTAMDAS HARSORA AND ORS – 6/10/2016 - The words “adult male” in Section 2(q) of the 2005 Act will stand deleted since these words do not square with Article 14 of the Constitution DATE : 06-10-2016 IN THE SUPREME […]
  • I. R. Coelho (dead) by L.Rs Vs State of Tamil Nadu -11/01/2007 - The power to amend cannot be equated with the power to frame the Constitution. This power has no limitations or constraints, it is primary power, a real plenary power.
  • In re: Arundhati Roy – 06/03/2002 - As the respondent has not shown any repentance or regret or remorse, no leinent view should be taken in the matter. However, showing the magnanimity of law by keeping in mind that the respondent is a woman, and hoping that better sense and wisdom shall dawn upon the respondent in the future to serve the cause of art and literature by her creative skill and imagination, we feel that the ends of justice would be met if she is sentenced to symbolic imprisonment besides paying a fine of ` 2000/-.
  • IN RE: THE DELHI LAWS ACT, 1912, THE AJMER-MERWARA (EXTENSION OF LAWS) ACT, 1947 AND THE PART C STATES (LAWS) ACT, 1950 - (1951) 2 SCR 747 SUPREME COURT OF INDIA FULL BENCH ( Before : Harilal Jekisundas Kania, C.J; Vivian Bose, J; Sir Syed Fazl Ali, J; S. K. Das, J; Mehr Chand Mahajan, […]
  • In West Bengal Panjabi speaking Sikhs are linguistic minority against Bengali: SC - Chandana Das (Malakar) Vs. State of West Bengal & Ors-25/09/2019- In the State of West Bengal, Sikhs are a linguistic minority vis-à-vis their language, namely, Punjabi, as against the majority language of the State, which is Bengali.
  • Inder Mohan Goswami and Anr Vs State of Uttaranchal and Ors -09/10/2007 - In complaint cases, at the first instance, the court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the courts proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to. Personal liberty is paramount, therefore, we caution courts at the first and second instance to refrain from issuing non-bailable warrants.
  • India does not have structured sentencing guidelines : Supreme Court Observed - State of Rajasthan Vs. Mohan Lal & Another
  • Indira Nehru Gandhi vs Shri Raj Narain- 07/11/1975 - When the constituent power exercises powers the constituent power comprises legislative, executive and judicial powers. All powers flow from the constituent power through the Constitution to the various departments or heads.
  • Indra Sawnhey v. Union of India – 16/11/1992 - KEYWORDS:- RESERVATION- AIR 1993 SC 477 : (1992) 2 Suppl. SCR 454 : (1992) 3 Suppl. SCC 212 : JT 1992 (6) SC 273 : (1992) Suppl. SCALE 1 (SUPREME COURT OF […]
  • Indusind Media & Communications Ltd. Vs. Commissioner of Customs, New Delhi-27/09/2019 - CUSTOM-The basic principle of levy of customs duty, in view of the aforementioned provisions, is that the value of the imported goods has to be determined at the time and place of importation. The value to be determined for the imported goods would be the payment required to be made as a condition of sale. Assessment of customs duty must have a direct nexus with the value of goods which was payable at the time of importation.
  • JAI PRAKASH VS STATE OF UTTAR PRADESH  AND OTHERS-28/11/2019 - Murder Conviction-Sections 302 IPC and 120-B IPC-The duty of the appellate court is to consider and appreciate the evidence adduced by the prosecution and arrive at an independent conclusion. Like the trial court, the appellate court also must be satisfied of its conclusion.
  • Jignesh Shah & ANR. Vs. Union of India & ANR-25/09/2019 - A winding up proceeding is a proceeding 'in rem' and not a recovery proceeding
  • Jiten K. Ajmera & ANR. Vs. M/s. Tejas Cooperative Housing Society – 06/05/19 - Consumer Complaint - Additional evidence before State Consumer Commission - Section 107(1) (d) r.w. Rule 27 of Order XLI, CPC - Under Order XLI Rule 27, CPC a party can produce additional evidence at the appellate stage, if it establishes that notwithstanding the exercise of due diligence, such evidence was not within its knowledge, or could not even after the exercise of due diligence, be produced by it at the time when the decree appealed against was passed.
  • Jitendra Panchal Vs Intelligence Officer, NCB and Another 03/02/2009: The concept of double jeopardy - This appeal raises an interesting legal conundrum involving the laws of the United States of America, hereinafter referred to as ‘the USA’, and the domestic laws as existing in India. At the […]
  • Jose Paulo Coutinho Vs. Maria Luiza Valentina Pereira & ANR- 13/09/2019 - Portuguese Civil Code, 1867 as applicable in the State of Goa, which shall govern the rights of succession and inheritance even in respect of properties of a Goan domicile situated outside Goa, anywhere in India
  • Joseph Salvaraj A. Versus State of Gujarat and Others – 04/07/2011 - (2011) 6 SCALE 731 : (2011) 7 SCC 59 : AIR 2011 SC 2258 : JT 2011 (7) SC 53 : (2011) 3 SCC (Cri) 23 (SUPREME COURT OF INDIA) Joseph Salvaraj […]
  • Justice V.S. Dave President vs Kusumjit Sidhu 18/04/2018 - the medical reimbursement of a retired Chief Justice and/or a retired judge of a High Court should be reimbursement of all medical expenses including hospital charges which a retired Chief Justice and/or a retired Judge of a High Court may have had to incur in connection with the medical treatment of himself and/or his/her dependent family members. Except for certain inadmissible items of expenditure, on which there can be no dispute, such reimbursement should extend to all items of expenditure including hospital charges.
  • K. Arjun Das Vs. Commissioner of Endowments, Orissa & Ors-17/9/2019 - The deity cannot be divested of any title or rights of immovable property in violation of the statutory provisions and this fact cannot be ruled out that the property belonging to the deity must fetch the best possible price..
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