Supreme Court of India Judgements - Page 614 of 703 - 467699 Judgements hosted as on 10/04/2025 - Search (FREE), Subscribe, Read & Download

April 12, 2025 12:10 am

Top Tags

Latest Post

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view” Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind. The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence. Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified). Absence of the mandatory Rule 9 (CMVR) hazardous goods endorsement on a driver’s licence constitutes a fundamental policy breach, permitting insurer pay-and-recover, especially when negligent driving causes the accident.

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Apr 10, 2025 sclaw

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Apr 10, 2025 sclaw

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Apr 10, 2025 sclaw

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Apr 10, 2025 sclaw

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

Apr 10, 2025 sclaw

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Apr 10, 2025 sclaw

Absence of the mandatory Rule 9 (CMVR) hazardous goods endorsement on a driver’s licence constitutes a fundamental policy breach, permitting insurer pay-and-recover, especially when negligent driving causes the accident.

Apr 10, 2025 sclaw

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Criminal Procedure Code, 1973 (CrPC) – Section 125 – Maintenance – Entitlement – Necessary requirements – Claimant-wife has to show that means of her husband are sufficient and she is unable to maintain herself – Refusal or neglect to maintain by husband also need to be proved

Jun 19, 2017 sclaw

AIR 2008 SC 530 : (2008) 105 CLT 729 : (2008) CriLJ 727 : (2008) 1 DMC 22 : (2008) 1 JT 78 : (2008) 149 PLR 263 :…

Penal Code, 1860 (IPC) – Sections 302/34 – Murder – Circumstantial evidence – Prosecution is to prove all links in the chain by leading evidence – Prosecution case that another person involved in the case, whose name never figured during investigation, was not arrested – Evidence of “last seen” with deceased not trustworthy for the reason that a businessman would not ordinarily go to a small shop to take tea with a rickshaw puller

Jun 18, 2017 sclaw

AIR 2006 SC 2242 : (2006) CriLJ 2920 : (2006) 11 JT 298 : (2006) 5 SCALE 467 : (2006) 10 SCC 182 : (2006) 2 SCR 881 Supp…

Penal Code, 1860 (IPC) – Sections 147, 148, 341, 447, 302 read with 109, 149 – Murder – Deceased a coparcener had a dispute over ownership of land with appellant – Witnesses accompanying appellants made categorical statement that they had gone to scene of offence with a view to prevent appellants from causing obstructions to ploughing of land by deceased

Jun 18, 2017 sclaw

AIR 2006 SC 2419 : (2006) CriLJ 2931 : (2006) 5 JT 419 : (2006) 5 SCALE 331 : (2006) 10 SCC 157 : (2006) 1 SCR 947 Supp…

U.P. (Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 – Section 21(1)(a) – Rent and Eviction – Bona fide requirement – Application for release of shop on the ground of bona fide requirement to do the business of electrical goods, T.V., V.C.R., music system, cooking range etc.

Jun 18, 2017 sclaw

AIR 2008 SC 773 : (2007) 13 JT 287 : (2007) 3 SCALE 502 : (2008) 2 SCC 144 : (2007) 1 SCR 615 SUPREME COURT OF INDIA YADVENDRA…

Penal Code, 1860 (IPC) – Section 302 – Murder – Acquittal by High Court – Appeal by informant – Neither I.O. nor doctor examined – No reason indicated therefor

Jun 17, 2017 sclaw

AIR 2009 SC 93 : (2009) CriLJ 367 : (2008) 11 JT 464 : (2008) 13 SCALE 389 SUPREME COURT OF INDIA KAPIL DEO SINHA — Appellant Vs. KIRANDEO…

Penal Code, 1860 (IPC) – Sections 302 and 307 – Murder and attempt to murder – Love affair – Victims opposing proposal of marriage given by accused – There was pre-meditation over exchange of words – One injury leading to death inflicted

Jun 17, 2017 sclaw

AIR 2009 SC 912 : (2008) 11 JT 309 : (2008) 13 SCALE 458 SUPREME COURT OF INDIA MAHINDRA MULJI KERAI PATEL — Appellant Vs. STATE OF GUJARAT —…

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 306 – Quashing of proceedings – Offence of abetment of suicide – Suicidal note clearly referring to acts of accused and role played by them – It clearly refers to background in which victim took extreme step of taking away his life by committing suicide – High Court rightly refused to quash proceedings.

Jun 17, 2017 sclaw

AIR 2008 SC 527 : (2008) 106 CLT 313 : (2008) CriLJ 724 : (2007) 13 JT 166 : (2007) 3 SCALE 535 : (2008) 2 SCC 403 :…

Penal Code, 1860 (IPC) – Section 376(2)(e) – Rape with married woman – ‘Possibility’ or ‘certainty’ – It must be established by evidence that accused had knowledge that victim was pregnant – In the absence of any material brought on record to show that accused knew the victim to be pregnant, Section 376(2)(e) IPC cannot be pressed into service – To that extent judgments of Courts below unsustainable – Minimum sentence prescribed under Section 376(1) IPC is applicable.

Jun 17, 2017 sclaw

AIR 2006 SC 2214 : (2006) CriLJ 2913 : (2006) 5 JT 460 : (2006) 5 SCALE 614 : (2006) 9 SCC 787 : (2006) 2 SCR 318 Supp…

Criminal Procedure Code, 1973 (CrPC)-Section 439-Constitution of India, 1950-Article 21-Delay in completion of trial – Effect of – Delay in completion of trial, if found to be attributable to accused and not prosecution – Cannot be a ground to release accused on bail.

Jun 17, 2017 sclaw

AIR 2008 SC 942 : (2008) CLT 316 : (2008) CriLJ 1033 : (2007) 13 JT 528 : (2007) 3 SCALE 541 : (2007) 12 SCR 717 SUPREME COURT OF…

Rent and eviction – East Punjab Urban Rent Restriction Act, 1949 – Sections 11, 13 and 19 – Eviction – Scope of Sections 11 and 13 are quite different – Section 19 gives an additional right to authorities to impose penalty if a person has contravened provisions of Section 11 – Section 13 gives only a right to landlord to bring action against a tenant who has used demised premises for a purpose other than for which it was leased out,

Jun 17, 2017 sclaw

AIR 2009 SC 2406 : (2009) 9 JT 421 : (2009) 156 PLR 746 : (2009) 16 SCC 634 : (2009) 10 SCR 1201 : (2009) AIRSCW 4775 SUPREME…

Categories

Archives

You missed

For an offence under Section 3(1)(r) (intentional insult/intimidation) or Section 3(1)(s) (abuse by caste name) of the SC/ST Act, the act must occur “within public view”

Apr 10, 2025 sclaw

Preliminary enquiry is not mandatory for registering a disproportionate assets FIR under the PC Act if the Superintendent of Police’s order under S.17 relies on sufficient material (like a source report) demonstrating application of mind.

Apr 10, 2025 sclaw

The interpretation of a written agreement to determine if it grants a ‘leave and license’ (potentially attracting deemed tenancy under S.15A Bombay Rent Act) or merely permits ‘conducting a business’ depends primarily on its written terms construed under Ss. 91/92 Evidence Act, excluding contradictory oral evidence.

Apr 10, 2025 sclaw

Eligibility for dynamic reservation categories (OBC-NCL/EWS etc.) requires possessing a category certificate valid under applicable rules (including period/affidavits) as of the recruitment’s cut-off date (last application date if unspecified).

Apr 10, 2025 sclaw