July 2019 - Page 2 of 3 - Supreme Court of India Judgements

Dishonour of Cheque—Second Notice—Cause of action for filing complaint commences with first notice

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1698 : 2019 LawHerald.Org 1025 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Honble Mr. Justice Hemant Gupta Criminal Appeal…

Constitution

V IMP:::Petition—Objection by Registry of High Court—Registry cannot question the maintainability of the petition and therefore cannot refuse to number the petition and refuse to place it before Court

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1695 : 2019 LawHerald.Org 1024 (2019) 2 RCR(Criminal) 767 : (2019) 6 Scale 465 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V.…

Accident

Accident—Loss of Future Earning—Non earning victim—Legal principles laid down Accident—Speedy disposal of Claim Petitions—Directions issued for establishment of Motor Accidents Mediation Authority in every district Accident—Speedy disposal of Claim Petitions—Police to complete investigation and file FIR and provide all documents in form of evidence to MACT and Insurance Company—Insurance Company to decide within 30 days whether claim is payable otherwise MACT to decide petition within 30 days

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1658 : 2019 LawHerald.Org 940: 2019) 1 ACC 730 : (2019) 1 ILR(Kerala) 883 : (2019) 2 JBCJ 35 : (2019) 2 KerLJ 253 : (2019)…

Narcotics

Narcotics—Sentence more than minimum—Trial Court can take into consideration any other relevant factor apart from factors mentioned in S.32-B Clauses (a) to (f)—Quantity of substance with which an accused is charged is a relevant factor

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1650 : 2019 LawHerald.Org 1019 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice AshokBhushan Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No.567 of 2019…

Limitation

V IMP::::Limitation—Applicability of Act—Suits, appeals and applications referred to in the Limitation Act are those which are to be filled in a Court and not before a Statutory authority

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1592 : 2019 LawHerald.Org 1017 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 4582…

Consumer

Consumer—Revision petition against an order passed by State Commission in execution proceedings before National Commission is not maintainable Execution Petition—Execution proceedings even though they are proceedings in a suit, but cannot be considered to be a continuation of the original suit

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1584 : 2019 LawHerald.Org 1016 IN THE SUPREME COURT OF INDIA Before Honlrie Mr. Justice Uday Umesh Lalit Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Service

Advocates—An advocate cannot work merely as mouth piece of his client while making presentation before the Court—He must tell the Court the correct position of law The College being affiliated to the University was bound by the provisions of the Act with its attendant consequences for noncompliance-Order of termination, passed without approval of Vice chancellor in violation of statutory rules, set aside.

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1578 : 2019 LawHerald.Org 1015 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice Navin Sinha Civil Appeal No(s). 4794…

Acquittal

No reason as to why he could not name other assailants if he had actually identified them at the spot of occurrence-Grave doubt as to presence of present accused at place of incidence-Appellants acquitted.

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1575 : 2019 LawHerald.Org 1014 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice Sanjay Kishan Haul Hon’ble Mr. Justice…

Cr P C

Summoning of additional accused—Whether the trial court issue summons u/s 319 CrPC when the trial with respect to other co-accused has ended—Question referred to larger bench

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1565 : 2019 LawHerald.Org 1012 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…

I P C

Dowry Demand—Complainant contended that they collected and contributed towards payment of dowry but failed to prove the source of collection as contended—Demand held to be not proved

Jul 5, 2019 sclaw

2019(2) Law Herald (SC) 1572 : 2019 LawHerald.Org 1013 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Mr. Justice M.R. Shah Criminal Appeal Nos. 1013-1014…

Dishonour of Cheque—Second Notice—Cause of action for filing complaint commences with first notice

V IMP:::Petition—Objection by Registry of High Court—Registry cannot question the maintainability of the petition and therefore cannot refuse to number the petition and refuse to place it before Court

Narcotics—Sentence more than minimum—Trial Court can take into consideration any other relevant factor apart from factors mentioned in S.32-B Clauses (a) to (f)—Quantity of substance with which an accused is charged is a relevant factor

V IMP::::Limitation—Applicability of Act—Suits, appeals and applications referred to in the Limitation Act are those which are to be filled in a Court and not before a Statutory authority

Consumer—Revision petition against an order passed by State Commission in execution proceedings before National Commission is not maintainable Execution Petition—Execution proceedings even though they are proceedings in a suit, but cannot be considered to be a continuation of the original suit

No reason as to why he could not name other assailants if he had actually identified them at the spot of occurrence-Grave doubt as to presence of present accused at place of incidence-Appellants acquitted.

Summoning of additional accused—Whether the trial court issue summons u/s 319 CrPC when the trial with respect to other co-accused has ended—Question referred to larger bench

Dowry Demand—Complainant contended that they collected and contributed towards payment of dowry but failed to prove the source of collection as contended—Demand held to be not proved

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Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

A decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance under Section 125 of the Cr.P.C., and the court must assess whether the wife had sufficient reason to refuse to live with her husband despite the decree

Supreme Court of India Judgements

Month: July 2019

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