Supreme Court of India Judgements

46448 Judgements hosted as on 05/05/2024 - Search (FREE), Subscribe, Read & Download

Month: September 2020

Education

Decision of National Law School of India University (NLSIU) hold a separate admission test by way of the National Legal Aptitude Test (NLAT) – Quashing of – Home based online examination as proposed by the respondent No.1 University for NLAT-2020-21 could not be held to be a test which was able to maintain transparency and integrity of the examination

Sep 25, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH RAKESH KUMAR AGARWALLA AND ANOTHER — Appellant Vs. NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU AND OTHERS — Respondent ( Before : Ashok…

C P C

C P C – Or 2, R 2 – Suit to include the whole claim – Plea of Bar – The plea of bar under Or 2, R 2 is a technical plea which has to be pleaded and satisfactorily established. If the plea of bar is not taken, the Court should not suo moto decide the plea. It cannot be raised before Supreme Court if not raised in the High Court.

Sep 19, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH B. SANTOSHAMMA AND ANOTHER — Appellant Vs. D. SARALA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Indira Banerjee, JJ.…

Limitation

Vigilantibus Non Dormientibus Jura Subveniunt – The law will assist only those who are vigilant about their rights and not those who sleep over them. Appellate Tribunal was empowered to condone the delay upto a period of period of 45 days – Therefore, the appellants cannot claim the benefit of the order passed by this Court on 23.03.2020, for enlarging, even the period up to which delay can be condoned.

Sep 19, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH SAGUFA AHMED AND OTHERS — Appellant Vs. UPPER ASSAM PLYWOOD PRODUCTS PVT. LIMITED AND OTHERS — Respondent ( Before : S. A. Bobde,…

Accident

Appellant was working as a typist/data entry operator in court premises in Delhi – High Court clearly erred in holding that compensation for loss of future prospects could not be awarded – High Court halved it to 45% on an entirely wrong application of some ‘proportionate’ principle (following the Pranay Sethi, (2017) 16 SCC 860 principle), which was illogical and is unsupportable in law

Sep 19, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH PAPPU DEO YADAV — Appellant Vs. NARESH KUMAR AND OTHERS — Respondent ( Before : L. Nageswara Rao, Krishna Murari and S. Ravindra…

Property Matters

Gift Deed Property – Deficiency in stamp duty on deed – Imposition of extreme penalty HELD Collector is not required by law to impose the maximum rate of penalty as a matter of course whenever an impounded document is sent to him. He has to take into account various aspects including the financial position of the person concerned – It is only in the very extreme situation that penalty needs to be imposed to the extent of ten times

Sep 19, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH TRUSTEES OF H.C. DHANDA TRUST — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash…

Property Matters

Gift Deed Property – Deficiency in stamp duty on deed – Penalty – Facility to deposit the penalty by post dated cheques cannot be approved and the appellant being subsequent purchaser was liable to deposit the amount of penalty which was outstanding against the property and which was subject matter of the gift deed.

Sep 19, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH M/S. MSD REAL ESTATE LLP — Appellant Vs. THE COLLECTOR OF STAMPS AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash…

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