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 :34.231.247.88
Latest Cases

(81) M/S. KELKAR AND KELKAR Vs. M/S. HOTEL PRIDE EXECUTIVE PRIVATE LIMITED [SUPREME COURT OF INDIA] 04-05-2022
Constitution of India, 1950 - Articles 226 and 227 - When the statute provides a further remedy by way of appeal against the award and even against the order passed by the learned trial Court making the award a decree of the court, the High Court ought not to have entertained the writ petition and ought not to have set aside the award, in a writ petition under Articles 226 and 227 of the Constitution of India.

(82) RAVINDER SINGH @ KAKU Vs. STATE OF PUNJAB [SUPREME COURT OF INDIA] 04-05-2022
Penal Code, 1860 (IPC) - Sections 302 and 364 - Kidnapping and Murder of two children - Circumstantial evidence - When a conviction is based solely on circumstantial evidence, such evidence and the chain of circumstances must be conclusive enough to sustain a conviction - Last seen theory, the arrest of the accused, the recovery of material objects and the call details produced, do not conclusively complete the chain of evidence and do not establish the fact accused committed the murder of the c

(83) UNION OF INDIA AND OTHERS Vs. ASHISH AGARWAL [SUPREME COURT OF INDIA] 04-05-2022
Income Tax Act, 1961 - Section 148 - Reassessment Notices - Instead of quashing and setting aside the reassessment notices issued under the unamended provision of IT Act, the High Courts ought to have passed an order construing the notices issued under unamended Act/unamended provision of the IT Act as those deemed to have been issued under section 148A of the IT Act as per the new provision section 148A and the Revenue ought to have been permitted to proceed further with the reassessment procee

(84) THE SECRETARY TO GOVT. OF KERALA, IRRIGATION DEPARTMENT AND OTHERS Vs. JAMES VARGHESE AND OTHERS [SUPREME COURT OF INDIA] 04-05-2022
Constitution of India, 1950 - Article 254(2) - Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (State Act), which has the effect of annulling the awards which have become "Rules of Court", is a transgression on the judicial functions of the State and therefore, violative of doctrine of "separation of powers" - State Act interferes with the judicial functions - State Act had an effect of annulling the awards of the arbitrators and the judgments and decrees passed by the

(85) AMAR VIVEK AGGARWAL AND OTHERS Vs. HIGH COURT OF PUNJAB AND HARYANA AND OTHERS [SUPREME COURT OF INDIA] 04-05-2022
Constitution of India, 1950 - Article 226 - Writ Petition - Designation of Senior Advocates - One mark each should be allotted for every year of practice between ten (10) to twenty (20) years - Clarify the situation and direct that instead of ten marks to be allocated to a counsel who has put in between ten to twenty years of practice, the marks be allocated commensurate with the standing of the person at the Bar, that is to say, one mark each shall be allocated for every year of practice betwee

(86) INDRA DEO TIWARI Vs. STATE OF U.P. AND OTHERS [SUPREME COURT OF INDIA] 04-05-2022
The acquittal recorded by the Trial Court was challenged by the complainant - present review petitioner before the High Court. After considering the entire material on record the acquittal was affirmed by the High Court. The Special Leave Petition arising therefrom, at the instance of the Review Petitioner, was dismissed after hearing both sides.

(87) VISHAL VIJAY KALANTRI Vs. SHAILEN SHAH (RESOLUTION PROFESSIONAL OF DIGHI PORT LIMITED) AND OTHERS [SUPREME COURT OF INDIA] 04-05-2022
The statutory appeal preferred under Section 62 of the Insolvency and Bankruptcy Code, 2016 was dismissed by this Court after being satisfied that the facts and circumstances on record, especially paragraphs 9, 10 and 17 of the judgment under appeal, did not call for any interference.

(88) JAYASWAL NECO INDUSTRIES LIMITED AND ANOTHER Vs. RESERVE BANK OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 04-05-2022
These Special Leave Petitions arise out of the final judgment and order dated 05.03.2018 passed by the High Court of Judicature at Bombay in Writ Petition (Lodging) No. 56 of 2018 and Notice of Motion (Lodging) No. 21 of 2018 in Writ Petition (Lodging) No. 56 or 2018. The writ petition had challenged three circulars issued by the Reserve Bank of India ('the RBI', for short) on 29.09.2017, 30.11.2017 and 07.12.2017.

(89) THOMAS DANIEL Vs. STATE OF KERALA AND OTHERS [SUPREME COURT OF INDIA] 02-05-2022
Service Law - Recovery of increments after passage of ten years of retirement on the ground that the said increments were granted on account of an error - If the excess amount was not paid on account of any misrepresentation or fraud of the employee or if such excess payment was made by the employer by applying a wrong principle for calculating the pay/allowance or on the basis of a particular interpretation of rule/order which is subsequently found to be erroneous, such excess payment of emolum

(90) JACOB PULIYEL Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 02-05-2022
Constitution of India, 1950 - Article 21 - Protection of life and personal liberty - Persons who are keen to not be vaccinated on account of personal beliefs or preferences, can avoid vaccination, without anyone physically compelling them to be vaccinated. However, if there is a likelihood of such individuals spreading the infection to other people or contributing to mutation of the virus or burdening of the public health infrastructure, thereby affecting communitarian health at large, protectio

(91) PAWAN KUMAR Vs. UNION OF INDIA AND ANOTHER [SUPREME COURT OF INDIA] 02-05-2022
Railway Protection Force Rules, 1987 - Rule 52 - Service Law - Discharge - Mere suppression of material/false information regardless of the fact whether there is a conviction or acquittal has been recorded, the employee/recruit is not to be discharged/terminated axiomatically from service just by a stroke of pen - Criminal case indeed was of trivial nature and the nature of post and nature of duties to be discharged by the recruit has never been looked into by the competent authority while exami

(92) UNITED INDIA INSURANCE CO. LIMITED Vs. LEVIS STRAUSS (INDIA) PRIVATE LIMITED [SUPREME COURT OF INDIA] 02-05-2022
Consumer Protection Act, 1986 - Sections 21 and 22 - General Insurance Business (Nationalization) Act, 1972 - Section 25 - Mere prohibition in Section 25 of the Nationalization Act clearly did not apply to Levi's parent company, which conducts business overseas (and not only in India) and obtain a marine cover which catered to all risks, (including marine risks as well as risks to the goods in transit and when they were warehoused) - Therefore, the prohibition in Section 25 per se does not apply

(93) NARSINGH ISPAT LIMITED Vs. ORIENTAL INSURANCE COMPANY LIMITED AND ANOTHER [SUPREME COURT OF INDIA] 02-05-2022
Consumer Protection Act, 1986 - Section 23 - Insurance claims cannot be rejected on the basis of definition of terrorism in penal laws - When the policy itself defines the acts of terrorism in the Exclusion Clause, the terms of the policy being a concluded contract will govern the rights and liabilities of the parties - Therefore, the parties cannot rely upon the definitions of 'terrorism' in various penal statutes since the Exclusion Clause contains an exhaustive definition of acts of terrorism

(94) UNION OF INDIA AND ANOTHER Vs. MILLENIUM DELHI BROADCAST LLP ETC. [SUPREME COURT OF INDIA] 02-05-2022
Telecom Regulatory Authority of India Act, 1997 - Section 14A(1) - Tenders for licensing of private F.M. broadcasting services at 40 centres across India - Clause 9 of the tender document enables the appellant to encash the bank guarantee, in case of failure on the part of the licensee either to deposit license fee within 7 days of the beginning of each year or if the licensee stops the service without giving one year’s notice - Bank guarantee can also be invoked if the licencee is declared or a

(95) BALWANT SINGH Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 02-05-2022
Penal Code, 1860 (IPC) - Sections 302/307/120-B - Explosive Substances Act, 1908 - Sections 3 and 4 - Mercy petition - Death sentence - Appellant convicted for the assassination of former Chief Minister of Punjab - Without getting into the issue whether the petitioner himself had preferred the mercy petition, considering the communications on record as well as the fact that the appellant has preferred the instant writ petition - There would be no embargo in considering the matter in the light of

(96) NEPPALI SAI VIKASH AND OTHERS Vs. UNION OF INDIA AND OTHERS [SUPREME COURT OF INDIA] 02-05-2022
Post-Graduate Medical Education Regulations, 2000 - Regulation 9(3) - Central Government has the power to lower the minimum marks for admission to PG courses in consultation with the National Medical Commission when a sufficient number of candidates fail to secure minimum marks.

(97) ARAVINTH R.A. Vs. THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE AND OTHERS [SUPREME COURT OF INDIA] 02-05-2022
The appellant completed his Higher Secondary education in the year 2021 under the C.B.S.E. Scheme. According to him, he appeared for NEET 2021 and obtained 55.443417 percentile score. His All India NEET Rank was 68772. Therefore, he could not get admission to a medical college of his choice in India.

(98) THE NATIONAL MEDICAL COMMISSION Vs. POOJA THANDU NARESH AND OTHERS [SUPREME COURT OF INDIA] 29-04-2022
Medical Council Act, 1956 - Section 13 - Provisional registration - National resource cannot be permitted to be wasted which will affect the life of young students, who had taken admission in the foreign Institutes as part of their career prospects - Services of the students should be used to augment health infrastructure in the country - Thus, it would be necessary that the students undergo actual clinical training of such duration and at such institutes which are identified by the appellant an

(99) WAQF BOARD, RAJASTHAN Vs. JINDAL SAW LIMITED AND OTHERS [SUPREME COURT OF INDIA] 29-04-2022
Waqf Act, 1995 - Sections 3(r) and 83 - Removal of structure - There is no evidence at any given point of time that the structure was being used as a mosque - There is no allegation or proof of either of dedication or user or grant which can be termed as a waqf within the meaning of Section 3 (r) of the Waqf Act, 1995 - In the absence of any proof of dedication or user, a dilapidated wall or a platform cannot be conferred a status of a religious place for the purpose of offering prayers/Namaaz -

(100) ATBIR Vs. STATE OF NCT OF DELHI [SUPREME COURT OF INDIA] 29-04-2022
Penal Code, 1860 - Section 302 - Delhi Prison Act, 2000 - Section 2(h) - Delhi Prison Rules, 2018 - Rule 1223 - Furlough - Multiple Murders - Death sentence reduced to life imprisonment by the Hon'ble President of India - If the person is not to get any remission and has to remain in prison for whole of the reminder of his natural life, that does not, as a corollary, means that his right to seek furlough is foreclosed - Thus, looking to the concept of furlough and the reasons for extending this

IP Address :34.231.247.88