April 2018 - Page 2 of 4 - Supreme Court of India Judgements

Eviction—Subletting—Since the tenant had admitted the presence of alleged sub-tenant in the suit property the burden was on him to prove its nature and the capacity in which he used to sit in the suit shop Eviction—Multiple Grounds—If one ground of eviction is held made out of several pleaded against the tenant, that one ground is sufficient to evict the tenant from the suit premises

Apr 23, 2018 sclaw

(2018) 2 JT 129 : (2018) 1 LawHerald(SC) 198 : (2018) 1 RCR(Rent) 190 : (2018) 1 SCALE 472 SUPREME COURT OF INDIA DIVISION BENCH FLORA ELIAS NAHOUM — Appellant Vs. IDRISH ALI LASKAR…

C P C

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage

Apr 23, 2018 sclaw

(2018) 1 JT 500 : (2018) 1 LawHerald(SC) 189 : (2018) 1 PLR 453 : (2018) 1 Scale 479 SUPREME COURT OF INDIA DIVISION BENCH N.C. BANSAL — Appellant Vs. UTTAR PRADESH FINANCIAL CORPORATION…

Land Acquisition

Land Acquisition—Compensation—More than claimed can be awarded by court to award just and fair compensation.

Apr 22, 2018 sclaw

(2016) 161 AIC 139 : (2016) AIR(SCW) 1210 : (2016) 2 AIRJharR 144 : (2016) AIR(SC) 1210 : (2016) AllSCR 778 : (2016) 116 ALR 471 : (2016) 3 AndhLD…

Limitation

Limitation Act, 1983, Article 85-Adverse Possession-Defendant being in possession as a lessee could not claim the alternate plea of adverse possession- -Respondent has no right to claim ownership over the suit property on the ground of adverse possession by taking a plea of sham transaction

Apr 21, 2018 sclaw

(2016) 160 AIC 79 : (2016) AIR(SCW) 1433 : (2017) 1 AIRJharR 679 : (2016) AIR(SC) 1433 : (2017) AllSCR 1712 : (2016) 115 ALR 871 : (2016) 3 AndhLD…

Cr P C

Quashing—Loan availed through bank or financial institutions on basis of forged documents—Criminal complaint in such cases not to be quashed on compromise entered between the parties on receipt of amount dues and issuance of no due certificate by Bank.

Apr 21, 2018 sclaw

(2016) AllSCR(Crl) 736 : (2016) 2 ApexCourtJudgments(SC) 107 : (2016) 2 CriCC 393 : (2016) 2 LawHerald 1775 : (2016) 2 LawHerald(SC) 1120 : (2016) 2 RCR(Criminal) 357 : (2016) 2 RecentApexJudgments(RAJ) 267 SUPREME…

C P C

Civil Procedure Code, 1908, O.32 R.I–Suit by Minor-Next friend-Where the suit is filed on behalf of the minor, no permission or leave of the court is necessary for the next friend to institute the suit, whereas if the suit is filed against a minor, it is obligatory for the plaintiff to get the appropriate guardian ad litem appointed by the court for such minor

Apr 20, 2018 sclaw

(2018) AIR(SCW) 459 : (2018) AIR(SC) 459 : (2018) 1 LawHerald(SC) 177 : (2018) 1 Scale 210 SUPREME COURT OF INDIA DIVISION BENCH NAGAIAH — Appellant Vs. CHOWDAMMA (DEAD) BY LRS. — Respondent (…

C P C

Decree for Partition—Appellant having not challenged the preliminary decree, may challenge the final decree.

Apr 20, 2018 sclaw

(2018) 1 JT 186 : (2018) 1 LawHerald(SC) 171 SUPREME COURT OF INDIA DIVISION BENCH ESABELLA — Appellant Vs. C. THANKARAJAN — Respondent ( Before : Kurian Joseph and Amitava Roy, JJ. )…

Matrimonial

Divorce—By Mutual Consent—After filing of joint petition wife did not turned up or conveyed has intentions—Keeping in view the conduct of wife and irretrievable break down of marriage petition u/s 13-B allowed in absence of wife.

Apr 20, 2018 sclaw

(2018) AIR(SCW) 202 : (2018) AIR(SC) 202 : (2018) AllSCR 176 : (2018) 1 ALT 1 : (2018) 1 AndhLD 30 : (2018) 1 DMC 149 : (2017) 12 JT…

Constitution

Constitution of India, Art. 226-Public Interest Litigation-Filing of successive writ petitions on same cause of action—Contempt-Allegation against sitting Judges of Supreme Court in bribery case- Petition dismissed with costs of Rs. 25 lakhs-Contempt of Courts Act, 1971.

Apr 20, 2018 sclaw

(2017) 14 Scale 18 : (2017) 6 RecentApexJudgments(RAJ) 318 : (2018) 1 RCR(Criminal) 99 : (2018) AllSCR(Crl) 23 : (2018) 1 LawHerald(SC) 163 : (2018) 1 SCC 589 SUPREME COURT OF INDIA FULL BENCH…

Cheque Dishonour

Dishonour of Cheque—Offence by company—Director cannot get the complaint against him quashed merely on the ground that apart from the basic averment no particulars are given in the complaint about his role, because ordinarily the basic averment would be sufficient to send him to trial.

Apr 19, 2018 sclaw

(2016) ACD 474 : (2016) 94 ACrC 973 : (2016) 162 AIC 203 : (2016) 2 AICLR 896 : (2016) AIR(SCW) 1750 : (2016) AIR(SC) 1750 : (2016) ALLMR(Cri) 2238…

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage

Land Acquisition—Compensation—More than claimed can be awarded by court to award just and fair compensation.

Limitation Act, 1983, Article 85-Adverse Possession-Defendant being in possession as a lessee could not claim the alternate plea of adverse possession- -Respondent has no right to claim ownership over the suit property on the ground of adverse possession by taking a plea of sham transaction

Quashing—Loan availed through bank or financial institutions on basis of forged documents—Criminal complaint in such cases not to be quashed on compromise entered between the parties on receipt of amount dues and issuance of no due certificate by Bank.

Decree for Partition—Appellant having not challenged the preliminary decree, may challenge the final decree.

Divorce—By Mutual Consent—After filing of joint petition wife did not turned up or conveyed has intentions—Keeping in view the conduct of wife and irretrievable break down of marriage petition u/s 13-B allowed in absence of wife.

Constitution of India, Art. 226-Public Interest Litigation-Filing of successive writ petitions on same cause of action—Contempt-Allegation against sitting Judges of Supreme Court in bribery case- Petition dismissed with costs of Rs. 25 lakhs-Contempt of Courts Act, 1971.

Dishonour of Cheque—Offence by company—Director cannot get the complaint against him quashed merely on the ground that apart from the basic averment no particulars are given in the complaint about his role, because ordinarily the basic averment would be sufficient to send him to trial.

You missed

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

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.

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).

Supreme Court of India Judgements

Month: April 2018

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