ive
India Law Library (Website) is free for India Law Library Offline customers only, Please Don't Pay for this website.

User not Logged..
IP Address :44.192.52.167
Latest Cases

(161) M/S HERO MOTOCORP LIMITED Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 17-10-2022
Promissory Estoppel - Doctrine of estoppel will not be applied against the State in its governmental, public or sovereign capacity - Only exception with regard to applicability of the doctrine of estoppel is where it is necessary to prevent fraud or manifest injustice.
India Law Library Docid # 1602273

(162) SUNITA BURMAN Vs. THE COMMISSIONER, M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND OTHERS [SUPREME COURT OF INDIA] 14-10-2022
Service Law - Family pension - Deceased-husband of appellant being a member of the work charged establishment, was not entitled to pension as he could not be treated at par with the regular employees.
India Law Library Docid # 1602245

(163) M/S DELHI AIRTECH SERVICES PVT. LTD AND ANOTHER Vs. STATE OF U.P AND ANOTHER [SUPREME COURT OF INDIA] 14-10-2022
Land Acquisition Act, 1894 - Sections 11A and 17(3A) - Period within which an award shall be made - Provision contained in Section 11A of Act, 1894 shall be applicable to cases in which the acquiring authority has not complied with the requirement of subsection (3A) to Section 17 of Act, 1894 by tendering and paying eighty per centum of the estimated compensation before taking possession since possession in such cases cannot be considered to be taken in accordance with law and the vesting is not
India Law Library Docid # 1602246

(164) MENON EKKA @ SMT. MENON UJJANA EKKA Vs. UNION OF INDIA [SUPREME COURT OF INDIA] 14-10-2022
Penal Code, 1860 (IPC) - Section 109 - Prevention of Corruption Act, 1988 - Section 13(1)(e) and 13(2) - Possession of disproportionate assets - Bail during pendency and final disposal of appeal before High Court - Appellant is a lady accused, who has already undergone 2 years and 9 months sentence - It appropriate to release the appellant on bail during the pendency of the appeal on the conditions that may be imposed by the learned Trial Court.
India Law Library Docid # 1602247

(165) KERALA LAND REFORMS & DEVELOPMENT CO-OPERATIVE SOCIETY LIMITED Vs. THE DISTRICT REGISTRAR (GENERAL) AND ANOTHER [SUPREME COURT OF INDIA] 14-10-2022
Kerala Co-operative Societies Act, 1969 - Section 40(1)(a) - Exemption from certain taxes, fees and duties - Section 40 of the Kerala Act, 1969 further provides that only in cases where, but for such remission the society, officer or member, as the case may be, would be liable to pay such stamp duty. As per Section 40 (1)(a), the stamp duty chargeable under the Kerala Act, 1959 in respect of any instrument executed by or on behalf of a society or by an officer or member thereof and relating to t
India Law Library Docid # 1602248

(166) THE STATE OF MADHYA PRADESH AND ANOTHER Vs. M/S COMMERCIAL ENGINEERS AND BODY BUILDING COMPANY LIMITED [SUPREME COURT OF INDIA] 14-10-2022
Constitution of India, 1950 - Article 226 - Madhya Pradesh Value Added Tax Act, 2002 - Sections 14 and 46(1) - Rebate of Input tax - When a statutory remedy of appeal is available, the High Court ought not to have entertained the writ petition under Article 226 of the Constitution of India against the Assessment Order by-passing the statutory remedy of appeal - High Court ought not to have entertained the writ petition under Article 226 of the Constitution of India challenging the Assessment Ord
India Law Library Docid # 1602249

(167) STATE THROUGH THE INSPECTOR OF POLICE Vs. LALY @ MANIKANDAN & ANOTHER ETC. [SUPREME COURT OF INDIA] 14-10-2022
Penal Code, 1860 (IPC) - Sections 302 r/w 34 - Murder - Appeal against acquittal - Recovery of the weapon used is not established or proved also cannot be a ground to acquit the accused when there is a direct evidence of the eye witness - Recovery of the weapon used in the commission of the offence is not a sine qua non to convict the accused - If there is a direct evidence in the form of eye witness, even in the absence of recovery of weapon, the accused can be convicted
India Law Library Docid # 1602250

(168) KAPIL KUMAR Vs. RAJ KUMAR [SUPREME COURT OF INDIA] 14-10-2022
Civil Procedure Code, 1908 (CPC) - Section 100 - Second appeal - Recovery suit - Execution of pro­note - Whether in second appeal, High Court was justified in interfered with the concurrent findings recorded by both the courts below on execution of the pro-note by the defendant in favour of the plaintiff, solely on the ground that attesting witness to the pro-note has not been examined - Held, Signature of the defendant on the pro-note has been established and proved by the plaintiff by examinin
India Law Library Docid # 1602251

(169) KESAR BAI Vs. GENDA LAL AND ANOTHER [SUPREME COURT OF INDIA] 14-10-2022
Title Suit - Adverse possession - Once the plaintiffs are not found to be the owner, they cannot claim their title by way of adverse possession - Their possession over the land in question can only be in the nature of an encroacher - First Appellate Court as well as the High Court have seriously erred in granting the permanent injunction in favour of the plaintiffs and against the defendants.
India Law Library Docid # 1602252

(170) ROOPWATI AND OTHERS Vs. RAM KISHAN AND OTHERS [SUPREME COURT OF INDIA] 14-10-2022
Motor Vehicles Act, 1988 - Section 168 - Motor Accident Death - Rash and negligent driving - Enhancement of compensation - High Court increased the compensation awarded to Rs. 6,55,000/- with the amount to be given at the 7.5 % interest - Change of multiplier was granted by the High Court as the age of the deceased was wrongly recorded as 60 and was found to be 50 years, based on scientific evidence - High Court has also increased the rate of interest from 7% to 7.5% - High Court has correctly a
India Law Library Docid # 1602253

(171) CENTRAL WAREHOUSING CORPORATION Vs. ADANI PORTS SPECIAL ECONOMIC ZONE LIMITED (APSEZL) AND OTHERS [SUPREME COURT OF INDIA] 13-10-2022
Company Law - When an issue involved the balancing of interests of a statutory Corporation and a private company, the approach of the High Court ought to have been a balanced one - High Court ought to have taken into consideration that, unless all the three conditions were complied with, the interest of the appellant-CWC, which is a statutory Corporation, could not have been safeguarded - If a settlement was to be arrived at, unless the same was found to be in the interest of both the parties, i
India Law Library Docid # 1602238

(172) AISHAT SHIFA Vs. THE STATE OF KARNATAKA AND OTHERS [SUPREME COURT OF INDIA] 13-10-2022
Hijab Ban Case - Divergent views expressed by the Bench - Matter be placed before Hon'ble The Chief Justice of India for constitution of an appropriate Bench. As Per : Mr. Sudhanshu Dhulia, J. :- Constitution of India, 1950 - Article 19(1)(a), 21 and 25(1) - Hijab Ban Case - Constitutional scheme - Wearing a hijab should be simply a matter of Choice
India Law Library Docid # 1602239

(173) RAJRATAN BABULAL AGARWAL Vs. SOLARTEX INDIA PRIVATE LIMITED AND OTHERS [SUPREME COURT OF INDIA] 13-10-2022
Insolvency Law - Pre-Existing Dispute - Standard with reference to which a case of a pre-existing dispute under the IBC must be employed cannot be equated with even the principle of preponderance of probability which guides a civil court at the stage of finally decreeing a suit - Once this subtle distinction is not overlooked - NCLAT has clearly erred in finding that there was no dispute within the meaning of the IBC.
India Law Library Docid # 1602240

(174) SECURITIES AND EXCHANGE BOARD OF INDIA Vs. NATIONAL STOCK EXCHANGE MEMBERS ASSOCIATION AND ANOTHER [SUPREME COURT OF INDIA] 13-10-2022
Securities and Exchange Board of India Act, 1992 - Section 12(1) - Registration of stock-brokers, sub-brokers, share transfer agents, etc. - Conjoint reading of the expression "a certificate" as referred to in Section 12(1) of the Act read with the scheme of Rules, 1992 and Regulations 1992, leads to an inevitable conclusion that the stock broker not only has to obtain a certificate of registration from SEBI for each of the stock exchange where he operates, at the same time, has to pay ad valore
India Law Library Docid # 1602241

(175) DEPUTY COMMISSIONER OF GIFT TAX, CENTRAL CIRCLE-II Vs. M/S BPL LIMITED [SUPREME COURT OF INDIA] 13-10-2022
Wealth Tax Act, 1957 - Rule 21 of Part H of Schedule III - Valuation of shares for the purpose of gift tax - Rule 21 of Part H of Schedule III of the W.T. Act permits valuation and ascertainment of the market value as per the provisions of Schedule III of the W.T. Act, but does not state that the valuation will be done by disregarding the restrictions, or by enhancing the rights which have been transferred, or by revaluation of the asset when provisions of Schedule III are invoked for the purpos
India Law Library Docid # 1602257

(176) MD. ANOWAR HUSSAIN Vs. STATE OF ASSAM [SUPREME COURT OF INDIA] 13-10-2022
Penal Code, 1860 - Section 302 - Murder of wife - Chain of circumstances - Victim-wife had died because of asphyxia, which was a result of throttling - When the entire chain of circumstances, established by way of undeniable facts and the proven facts are juxtaposed with these factors; and all the relevant factors are joined together, the present one turns out to be a case where the burden envisaged by Section 106 of the Evidence Act operates heavily against the appellant - When the appellant's
India Law Library Docid # 1602258

(177) THE BENGAL SECRETARIAT COOPERATIVE LAND MORTGAGE BANK AND HOUSING SOCIETY LTD. Vs. SRI ALOKE KUMAR AND ANOTHER [SUPREME COURT OF INDIA] 13-10-2022
Bye-laws of Co-operative Society - - Once a person becomes a member of the Co-operative Society, he loses his individuality with the Society and he has no independent rights except those given to him by the statute and bye-laws - Member has to speak through the Society or rather the Society alone can act and speaks for him qua the rights and duties of the Society as a body - Basic principles of co-operation are that the members join as human beings and not as capitalists - Co-operative Society i
India Law Library Docid # 1602259

(178) M/S THERMAX LTD. THROUGH ITS DIRECTOR Vs. COMMISSIONER OF CENTRAL EXCISE, PUNE-1 [SUPREME COURT OF INDIA] 13-10-2022
Central Excise Act, 1944 - Section 35L - Whether the product manufactured by the appellant is classifiable as heat pump under the heading 84.18 of the Schedule to the Central Excise Tariff Act, 1985 - Held, Uncharacteristic capability of the cooling machine to also produce hot water, should not however deflect us and it would be appropriate to observe in this case that a chiller machine is attempting to masquerade as a heat pump, to gain concessional tariff benefits
India Law Library Docid # 1602236

(179) MEENADEVI Vs. NUNU CHAND MAHTO @ NEMCHAND MAHTO AND OTHERS [SUPREME COURT OF INDIA] 13-10-2022
Motor Vehicles Act, 1988 - Sections 140, 166 read with Section 171 - Enhancement of compensation - Death of child in accident - Under the MV Act, there is no restriction that the Tribunal/Court cannot award compensation exceeding the amount so claimed - Tribunal/Court ought to award 'just' compensation which is reasonable in the facts relying upon the evidence produced on record - Therefore, less valuation, if any, made in the Claim Petition would not be impediment to award just compensation exc
India Law Library Docid # 1602237

(180) MEENA DEVI Vs. NUNU CHAND MAHTO @ NEMCHAND MAHTO AND OTHERS [SUPREME COURT OF INDIA] 13-10-2022
Motor Vehicles Act, 1988 - Sections 140, 166 read with Section 171 - Enhancement of compensation - Death of child in accident - Under the MV Act, there is no restriction that the Tribunal/Court cannot award compensation exceeding the amount so claimed - Tribunal/Court ought to award 'just' compensation which is reasonable in the facts relying upon the evidence produced on record - Therefore, less valuation, if any, made in the Claim Petition would not be impediment to award just compensation exc
India Law Library Docid # 1602272

IP Address :44.192.52.167