Judgments - Supreme Court of India
Raveesh Chand Jain Raveesh versus Raj Rani Jain
- The bare perusal of the aforesaid provision makes it clear that it confers wide discretion on the court to pass a judgment at any stage of the suit on the basis of admission of facts made in the pleading or otherwise without waiting for the determination of any other question arose between the parties. Since the Rule permits the passing of judgment at any stage without waiting for determination Full Judgment
SAI KRIPA MANGAL KARYALAYA & ORS. VERSUS NAGPUR MUNICIPAL CORPORATION & ORS.
In absence of the sanctioned plan, we are of the view that the High Court was not justified in deciding the disputed question of fact as to whether the building was constructed in accordance with Town Planning Scheme. the High Court was not justified in entertaining the so called Public Interest Litigation filed by persons who had personal dispute with respondent no.4. we Full Judgment
BHIM SINGH & ANR. Versus STATE OF UTTARAKHAND
-The demand for dowry can be made at any time and not necessarily before marriage.- -Unlike as in Section 304- B where the court "shall presume" dowry death, when the prosecution has established the ingredients, under Section 113A of the Evidence Act, discretion has been conferred upon the Court wherein it has been provided that the Court may Full Judgment
DASIN BAI @ SHANTI BAI Vs. STATE OF CHHATTISGARH
-This Court has observed in a number of cases, that there is no reason to doubt the veracity of the dying declaration especially, since there is consistency between them. In the case of Ravi & Anr. v State of T.N. (2004 (10) SCC 776), it has been held by this Court that if the truthfulness or otherwise of the dying declaration cannot be doubted, the same Full Judgment
Sonu Gupta Versus Deepak Gupta & Ors.
-At the stage of cognizance and summoning the Magistrate is required to apply his judicial mind only with a view to take cognizance of the offence, or, in other words, to find out whether prima facie case has been made out for summoning the accused persons. At this stage, the learned Magistrate is not required to consider the defence version or materials or Full Judgment
KRISHNA HARE GAUR Vs. VINOD KUMAR TYAGI AND ORS
-When the appointment is made de hors the rules, the same is a nullity. In such an eventuality, the statutory bar like doctrine of res judicata is not attracted. -"From the above, it is evident that even in judicial proceedings, once a fraud is proved, all advantages gained by playing fraud can be taken away. In such an eventuality the questions of non-executing of the Full Judgment
MADHUKAR SADBHA SHIVARKAR (D) BY LRS. Vs. STATE OF MAHARASHTRA & ORS.
In our considered view, the orders impugned in the writ petitions which are affirmed by the High Court, are perfectly legal and valid and therefore, the same do not warrant interference by this Court in exercise of power of this Court under Article 136 of the Constitution, but on the other hand, the aforesaid orders of the State Government can also be traceable to executive power of Full Judgment
PUNJAB STATE POWER CORPORATION LIMITED VERSUS PUNJAB STATE ELECTRICITY REGULATORY COMMISSION & ORS.
An appeal under Section 125 of the Electricity Act, 2003 is maintainable before this Court only on the grounds specified in Section 100 of the Code of Civil Procedure. Section 100 CPC in turn permits filing of an appeal only if the case involves a substantial question of law- The appeal is, therefore, dismissed Full Judgment
M/S BENNET COLEMAN & CO.LTD. Vs. STATE OF BIHAR & ORS.
KHURSHEED AHMAD KHAN VERSUS STATE OF U.P. & ORS.
In absence thereof the second marriage is a misconduct under the Conduct Rules- Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25.- Even if bigamy be regarded as an integral part of Hindu religion, Rule 27 of the U.P. Government Servants' Conduct Rules requiring permission of the Government before contracting such marriage must be held to come under the protection of Article 25(2)(b) of the Constitution- What is permitted or not prohibited by a religion does not become Full Judgment
RAMESH CHANDRA Vs. UNIVERSITY OF DELHI & ORS.
In view of the law laid down by this Court, we are of the view that if any person who is or was a legal practitioner, including a retired Hon'ble Judge is appointed as Inquiry Officer in an inquiry initiated against an employee, the denial of assistance of legal practitioner to the charged employee would be unfair. Full Judgment
M/S ANVIL CABLES PVT LTD Vs. COMMNR.OF CENTRAL TAXES & SERVICE TAX
-Looking at the peculiar facts of the case, in the interests of justice, we direct that upon payment of Rs. 25,000/- by way of costs to the sole respondent within two months from today, the impugned Judgment shall be set aside and Tax Appeal No. 3 of 2013 shall be restored to its original number and shall be heard on merits by the High Court. Full Judgment
L.LAXMIKANTA Vs. STATE TR.SUPDT.OF POLICE LOKAYUKTA
It is a settled principle in law laid down by this Court in a number of decisions that once the demand and voluntary acceptance of illegal gratification knowing it to be the bribe are proved by evidence then conviction must follow under Section 7 ibid against the accused. Indeed, these twin requirements are sine qua non for proving the Full Judgment
KANAKLATA Vs. STATE OF NCT OF DELHI & ORS.
Held: The question is whether the apprehension of the complainant is reasonable for us to direct a transfer. Justice must not only be done but must seem to have been done. A lurking suspicion in the mind of the complainant will leave him with a brooding sense of having suffered injustice not because he had no case, but because the Presiding Officer had a preconceived notion about it. Full Judgment
BHAVANBHAI BHAYABHAI PANELLA Vs. THE STATE OF GUJARAT
The only question which survives for consideration is the sentence to be awarded- Having regard to the totality of circumstances, we are of the view that ends of justice will be met if the sentence awarded to the appellant is reduced to RI for ten years. However, sentence of fine and compensation as also default sentence and direction for recovery of the amount payable as compensation are Full Judgment
VIVEK RAI & ANR. Vs. HIGH COURT OF JHARKHAND THR.REG.GEN & OR
This writ petition has been filed under Article 32 of the Constitution of India seeking to declare Rule 159 of the High Court of Jharkhand Rules, 2001 as violative of Articles 14 and 21 of the Constitution and provisions of Sections 397 and 401 of the Code of Criminal Procedure, 1973 ("Cr.P.C.").- It Full Judgment
DR.VINOD BHANDARI Vs. STATE OF M. P.
It is well settled that at pre-conviction stage, there is presumption of innocence. The object of keeping a person in custody is to ensure his availability to face the trial and to receive the sentence that may be passed. The detention is not supposed to be punitive or preventive. Seriousness of the allegation or the availability of material in support thereof Full Judgment
M/S CONSTRUCTION & DESIGN SERVICES Vs. DELHI DEVT.AUTH
Once it is held that even in absence of specific evidence, the respondent could be held to have suffered loss on account of breach of contract, and it is entitled to compensation to the extent of loss suffered, it is for the appellant to show that stipulated damages are by way of penalty - The Full Judgment
KANDIVALI CO-OP. INDUSTRIAL ESTATE & ANR Vs. MUNICIPAL CORP. OF GREATER MUMBAI & ORS.
-Elaborating the distinction between the tax and a fee, this Court in number of decisions held that the element of compulsion or coercion is present in all impositions, though in different degrees and that it is not totally absent in fees. The compulsion lies in the fact that payment is enforceable by law against a man in spite of his unwillingness or want of consent Full Judgment