June 2017 - Supreme Court of India Judgements

February 22, 2025 9:52 pm

Guardian & Wards Act, 1890-Custody of Child-Girl Child aged 15 years-Custody given to father on her specific and categoric stand at different stages to remain with father.

Jun 30, 2017 sclaw

2017(1) Law Herald (SC) 503 : 2017 LawHerald.Org 669 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice R.K. Agrawal Criminal Appeal…

Cr P C

Quashing—Loan from bank on forged documents—Continuance of the criminal proceedings, after a compromise has been arrived at between the complainant and the accused, would amount to abuse of process of Court and an exercise in futility.

Jun 30, 2017 sclaw

2017(1) Law Herald (SC) 499 : 2017 LawHerald.Org 666 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’bie Mr. Justice Amitava Roy Criminal…

Rent

Landlord & Tenant–Eviction–Personal Necessity-Merely because the landlord has not examined the member of the family who intends to do business in the premises, he cannot be non-suited in case he has otherwise established a genuine need-

Jun 29, 2017 sclaw

2017(1) Law Herald (SC) 492 : 2017 LawHerald.Org 618 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal…

Acquittal

Indian Penal Code, 1860, S.302–Murder–Self Defence–Acquittal–As per evidence on record deceased was beaten outside the house; there was cross case by deceased against accused and complainant party were aggressor

Jun 29, 2017 sclaw

2017(1} Law Herald (SC) 490 : 2017 LawHerald.Org 628 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. A. Bobde The Hon’ble Mr. Justice L, Nageswara Rao…

Corporate

Advocates—Professional Misconduct—Mere negligence or error of judgment on the part of an advocate would not amount to professional misconduct. Advocates—An advocate’s attitude towards and dealings with his client have to be scrupulously honest and fair.

Jun 29, 2017 sclaw

2017(1) Law Herald (SC) 484 : 2017 LawHerald.Org 610 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mrs. Justice R. Banumathi Civil…

Cr P C

Criminal Procedure Code, 1973, S.482–Criminal breach of Trust-Fraudulent Documents–Quashing– If on the basis of false and fraudulent documents a claim is made which leads to award of compensation in land acquisition matter, the interest of the State is certainly compromised or adversely affected-

Jun 29, 2017 sclaw

2017(1) Law Herald (SC) 461 : 2017 LawHerald.Org 606 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Uday Umesh Lalit Criminal…

Service

Service Law—Seniority—Reservation-Exercise for determining ‘inadequacy of representation’, ‘backwardness’ and ‘overall efficiency’, is a must for exercise of power under Article 16(4A)—Mere fact that there is no proportionate representation in promotional posts for the population of SCs and STs is not by itself enough to grant consequential seniority to promotees

Jun 29, 2017 sclaw

2017(1) Law Herald (SC) 471 : 2017 LawHerald.Org 605 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Adarsh Kumar Goel The Hon’ble Mr. Justice Uday Umesh Laiit…

C P C

Specific Relief Act, 1963, S.34–Suit for Declaration-Suit for a mere declaration without relief of recovery of possession is not maintainable-The plaintiff, who was not in possession, had in the suit claimed only declaratory relief along with mandatory injunction-Plaintiff being out of possession, the relief of recovery of possession was a further relief which ought to have been claimed by the plaintiff.

Jun 28, 2017 sclaw

2017(1) Law Herald (SC) 464 : 2017 LawHerald.Org 604 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ranjan Gogoi The Hon’ble Mr. Justice Ashok Bhushan Civil Appeal…

Service

Service Law–Seniority–Classification on the basis those who cleared test in time and those who cleared late though with permission—Held; when the Rules did not provide for creation of two classes between the employees working on one cadre; such a classification is not justified.

Jun 28, 2017 sclaw

2017(1) Law Herald (SC) 458 : 2017 LawHerald.Org 607 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar The Hon’ble Mr. Justice Abhay Manohar Sapre Civil…

Murder

Indian Penal Code, 1860, S.302–Murder–Disclosure Statement-Joint Statement- -No evidence to show as to which particular article was recovered at whose instance pursuant to the joint statement made by the accused—However, appellant held guilty on the basis of other circumstantial evidence

Jun 28, 2017 sclaw

2017(1) Law Herald (SC) 455 : 2017 LawHerald.Org 602 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. A. Bobde The Hon’ble Mr. Justice L. Nageswara Rao…

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C P C

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Feb 16, 2025 sclaw

Stamp Act State Laws

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Feb 16, 2025 sclaw

Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw

Child Custody

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Feb 9, 2025 sclaw

Month: June 2017

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