July 2022 - Page 5 of 8 - Supreme Court of India Judgements

February 23, 2025 5:05 pm

Expression “falsely charges” in Section 221 IPC cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trial – An investigation may be transferred to the CBI only in “rare and exceptional cases”

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH HIMANSHU KUMAR AND OTHERS — Appellant Vs. STATE OF CHHATTISGARH AND OTHERS — Respondent ( Before : A.M. Khanwilkar and J.B. Pardiwala, JJ. )…

Child Custody

Parens patriae – Habeas Corpus proceeding brought by one parent against the other for the custody of their child, the court has before it the question of the rights of the parties as between themselves, and also has before it

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH RAJESWARI CHANDRASEKAR GANESH — Appellant Vs. THE STATE OF TAMIL NADU AND OTHERS — Respondent ( Before : A.M. Khanwilkar and J.B. Pardiwala, JJ.…

Dying Declaration

Dying declaration – An oral dying declaration – Whole idea of accepting a statement in the name of dying declaration comes from a maxim “Nemo moriturus praesumitur mentire” which means that a man will not meet his maker with a lie in his mouth –

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KAMAL KHUDAL — Appellant Vs. STATE OF ASSAM — Respondent ( Before : Surya Kant and J.B. Pardiwala, JJ. ) Criminal Appeal No. 470…

I B C

IBC – when admission is opposed on the ground of existence of an award or a decree in favour of the Corporate Debtor, and the Awarded/decretal amount exceeds the amount of the debt, the Adjudicating Authority would have to exercise its discretion under Section 7(5)(a) of the IBC to keep the admission of the application of the Financial Creditor in abeyance

Jul 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH VIDARBHA INDUSTRIES POWER LIMITED — Appellant Vs. AXIS BANK LIMITED — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal…

I P C

HELD all the three appellants are in jail and have undergone several years of incarceration. We accordingly award the sentence for the period already undergone by all the three appellants.

Jul 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AJMAL — Appellant Vs. THE STATE OF KERALA — Respondent ( Before : Ajay Rastogi and Vikram Nath, JJ. ) Criminal Appeal No. 1838…

C P C

Matter remanded back – High Court fell in error in not taking into consideration the relevant material and instead relying upon inadmissible evidence or evidence which had no bearing to the findings. Even the burden had been wrongly placed on the defendant-appellant.

Jul 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH FAROOQI BEGUM (D) BY LRS. — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : S. Abdul Nazeer and Vikram Nath,…

C P C

HELD in a suit challenging revocation of the respective licenses, the plaintiffs cannot be permitted to challenge the respective mortgages / charges created on the entire premises as void ab-initio. the amendment of plaint and addition of parties by original plaintiffs disallowed.

Jul 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ASIAN HOTELS (NORTH) LIMITED — Appellant Vs. ALOK KUMAR LODHA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. )…

State Laws

Uttar Pradesh Consolidation of Holdings Act, 1953 – Section 9A(2) – Partition – Preliminary decree for partition granted in the suit of the year 1929 was never given effect to – There was no evidence to show who among the two namely, ‘S’ and ‘R’ died first, the Deputy Director of Consolidation righty found it equitable to distribute ‘S’ 1/3rd share equally between the branches of ‘R’ and ‘J’.

Jul 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SARJU MISHRA (D) THR. LRS. AND OTHERS — Appellant Vs. JANGI (D) THR. LRS. AND OTHERS — Respondent ( Before : Hemant Gupta and…

Consumer

Insurance Claim – Deficiency in service – Delay in processing the claim and delay in repudiation could be one of the several factors for holding an insurer guilty of deficiency in service – But it cannot be the only factor – There was no categorical evidence of any deficiency in service on the part of the Insurance Company.

Jul 14, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M/S THE NEW INDIA ASSURANCE CO. LTD. AND ANOTHER — Appellant Vs. SHASHIKALA J. AYACHI — Respondent ( Before : Hemant Gupta and V.…

Rent

HELD we direct that in terms of the admitted fact by extended Lease Agreement and the increase in the percentage of rent, the Trial Court shall first decide the issue of payment of monthly rent applying the said increase on year to year basis and pass appropriate orders – Remanded

Jul 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KARAN KAPOOR — Appellant Vs. MADHURI KUMAR — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal No. 4545 of…

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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: July 2022

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