Supreme Court of India Judgements

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Month: July 2018

I P C

Indian Penal Code, 1860, S.304 Part II–Culpable Homicide—As per post mortem report injuries were not sufficient in ordinary cause to cause death and deceased had survived 14 days from the date of incident—Order of High Court in acquitting three accused and conviction of other two accused persons u/s 304-Part II, IPC upheld

Jul 4, 2018 sclaw

(2018) 102 ACrC 309 : (2018) 181 AIC 159 : (2018) 1 AICLR 260 : (2017) AIR(SCW) 5048 : (2017) AIR(SC) 5048 : (2017) AllSCR(Crl) 1989 : (2017) 4 BomCR(Cri)…

C P C

THREE GOLDEN PRINCIPLE FOR INJUNCTION GRANT : (plaintiff) was able to make out all the three neces­sary ingredients for grant of permanent injunction with the aid of evidence, namely, the prima facie case, the balance of convenience and the irreparable loss and injury, if the injunction is not granted to him. Since the respondent held a Patta of the suit land, there was a prima facie case in his favour. Secondly, he was also held to be in possession of the suit land and hence the other two ingredients, namely, the balance of convenience and irreparable loss and injury, were also in his favour.

Jul 4, 2018 sclaw

(2017) 179 AIC 116 : (2017) AIR(SCW) 5094 : (2017) AIR(SC) 5094 : (2017) 125 ALR 468 : (2018) 1 ALT 51 : (2017) 6 AndhLD 59 : (2017) 3…

Cr P C

Normally, retrial has to be ordered by appellate court under S.386 Cr.P.C—However, in exceptional circumstance, such a power can be exercised by the High Court under Art. 226 or by Supreme Court under Art. 32 (ii) Such a power can be exercised even before the pronouncement of the judgment by the Trial Court.

Jul 3, 2018 sclaw

  (2018) 1 AICLR 240 : (2017) AIR(SCW) 5690 : (2017) AIR(SC) 5690 : (2017) 3 AllCrlRulings 3409 : (2017) AllSCR(Crl) 1928 : (2017) 4 BomCR(Cri) 661 : (2018) CriLJ…

Rent

Landlord & Tenant–Eviction–Parting with Possession-Appellant took shop for running ration shop in 1964-He entered into partnership in 1977 and parted with possession without consent of landlord-­ Eviction upheld on ground of parting with possession without the consent of landlord without adjudicating about the genuineness of the partnership agreement. 

Jul 3, 2018 sclaw

  (2017) 179 AIC 245 : (2017) AIR(SCW) 3353 : (2017) AIR(SC) 3353 : (2017) AllSCR 1621 : (2017) 125 ALR 186 : (2017) 3 ARC 15 : (2017) 3…

Civil Cases

Specific Relief Act, 1963, S.20–Specific Performance-Agreement to Sell—Once the Trial Court, first and second Appellant Court formed an opinion and decided to grant the specific performance of the agreement to the plaintiff in exercise of their respective discretionary powers, Supreme Court being the last court in hierarchy cannot disturb such concurrent findings while exercising power under Article 136 of the Constitution of India—Such concurrent findings are binding on Supreme Court.

Jul 3, 2018 sclaw

  (2018) 181 AIC 255 : (2017) AIR(SCW) 3601 : (2017) 4 AIRJharR 415 : (2017) AIR(SC) 3601 : (2017) AllSCR 1855 : (2017) 5 ALT 29 : (2017) 5…

You missed

I P C

Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.

May 5, 2024 sclaw
Limitation

Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.

May 5, 2024 sclaw
Property Matters

Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.

May 5, 2024 sclaw
Constitution Municipal Laws

West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.

May 5, 2024 sclaw