Supreme Court of India Judgements

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Category: Civil Cases

Civil Cases

Shree Jagannatha Temple – Development works – Construction is being carried out for the purpose of providing basic and essential amenities like toilets for men and women, cloak rooms, electricity rooms etc. – These are the basic facilities which are necessary for the convenience of the devotees at large

Jun 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ARDHENDU KUMAR DAS — Appellant Vs. THE STATE OF ODISHA AND OTHERS — Respondent ( Before : B.R. Gavai and Hima Kohli, JJ. )…

Civil Cases

Repayment of Borrowed Amount – A party who admits receipt of certain amount of money on a particular date and pleads discharge by way of a full and final settlement at a latter date, is the one on whom the onus lies -In a suit for recovery of money, a defendant admitting the receipt of money but pleading that the same was a gratuitous payment, is obliged to prove that it was a gratuitous payment – Respondents miserably failed to discharge the onus of proof so cast upon them. Hence, the plaintiff-appellant is entitled to a decree

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ANITA RANI V. ASHOK KUMAR AND OTHERS — Appellant Vs. ANITA RANI — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. )…

Civil Cases

Respondents have taken up wholly untenable ground that the documents were signed under duress – Large number of documents such as invoices, debit notes and ST-1 Form spread over 3 months is unbelievable to be an exercise of duress – Stand of the respondents is wholly untenable and unjustifiable in law and is only to defeat the legitimate claim raised by the appellant – Appeal allowed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S STAR PAPER MILLS LIMITED — Appellant Vs. M/S BEHARILAL MADANLAL JAIPURIA LIMITED AND OTHERS — Respondent ( Before : Hemant Gupta and V.…

Civil Cases

HELD – Section 17(2)(vi) of the Registration Act, 1908. – Principle is based on the fact that family settlement only declares the rights which are already possessed by the parties – A compromise decree in respect of land which is not the subject-matter of suit but is part of the settlement between the family members does not requires compulsory registration in terms of

Jul 18, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RIPUDAMAN SINGH — Appellant Vs. TIKKA MAHESHWAR CHAND — Respondent ( Before : Sanjay Kishan Kaul and Hemant Gupta, JJ. ) Civil Appeal No.…

Civil Cases

“….no compulsion for the plaintiff to, at the stage of filing the suit, prove or establish the claim that the suit lands were revenue paying and the details of such revenue paid. Once it is conceded that the value of the land [per explanation to Section 7 (iv-A)] is to be determined according to either sub clauses (v), (va) or (vb) of the Act, this meant that the concept of “market value” – a wider concept in other contexts, was deemed to be referrable to one or other modes of determining the value under sub clauses (v), (va) or (vb) of Section 7 (iv-A)…”

Feb 20, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH AGRA DIOCESAN TRUST ASSOCIATION — Appellant Vs. ANIL DAVID AND OTHER — Respondent ( Before : Arun Mishra, M. R. Shah and S. Ravindra…

Civil Cases

Society Matters – we are of the view that the only way to bring to an end all the litigations between the parties before various fora is to set aside the impugned order and the elections held pursuant thereto and to appoint an Advocate Commissioner to convene the General Body as well as the Executive Committee for the election of office bearers.

Oct 4, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  VIRUDHUNAGAR HINDU NADARGAL DHARMA PARIBALANA SABAI AND OTHERS — Appellant Vs. TUTICORIN EDUCATIONAL SOCIETY AND OTHERS — Respondent ( Before : Rohinton Fali Nariman…

Civil Cases

Benami Transactions—Financial Assistance—Merely because some financial assistance has been given by the father to the sons to purchase the properties, the transactions cannot be said to benami in nature. Benami Transactions—Intention of the person who contributed the purchase money is determinative of the nature of transaction–Source of money had never been the sole consideration—It is merely one of the relevant considerations but not determinative in character

May 12, 2019 sclaw

2019(2) Law Herald (SC) 1163 : 2019 LawHerald.Org 831 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M. R. Shah Civil Appeal…

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Arbitration Constitution

Arbitration and Conciliation Act 1996 – Sections 34 and 37 – Curative petition – The Court found that the arbitral tribunal’s decision was not perverse or irrational and that the CMRS certificate did not conclusively prove that defects were cured within the cure period – The Court emphasized the tribunal’s domain to interpret the contract and the limited scope of judicial interference in arbitral awards – The Supreme Court concluded that the curative petition was maintainable and that there was no miscarriage of justice in restoring the arbitral award.

Apr 14, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) – Section 302, read with 34 – Murder – The Supreme Court found that the High Court did not properly address whether the Trial Court’s acquittal was a plausible conclusion from the evidence – The Supreme Court emphasized that the burden of proof lies with the prosecution and that the accused do not have to prove their innocence unless there is a statutory reverse onus – The Supreme Court concluded that the evidence did not warrant overturning the acquittal, as the Trial Court’s view was possible and not perverse.

Apr 14, 2024 sclaw
I P C

Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

Apr 14, 2024 sclaw
Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw