![[Bombay Public Trust Act, 1950, S. 80] | [Civil court jurisdiction barred for disputes concerning public trusts unless specific conditions are met.]](https://i0.wp.com/sclaw.in/wp-content/uploads/2017/04/Code-of-Civil-Procedure.jpg?resize=150%2C150&ssl=1)
Partition Suit – In case any property in possession of any of the co-sharers comes to his share it can very well be protected – Demolition of the already constructed buildings may not be in the interest of any of the parties as the same can be considered at the time of passing of final decree, with reference to the construction, authorised by the local authority.
SUPREME COURT OF INDIA DIVISION BENCH M/S MULTICON BUILDERS — Appellant Vs. SUMANDEVI AND OTHERS — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Civil Appeal No.…
In terms of the Town Planning Scheme, notified on 01.08.1994 and subsequent circulars, the claim of any occupant of the property is required to be considered for rehabilitation or for payment of compensation – Appellants are still in possession of the property, which is stated to be coming in the alignment of 60 feet T.D. Road – Appeal can be disposed of with a direction to the Corporation to consider the claim of the appellants in terms of the Town Planning Scheme either for rehabilitation or payment of compensation.
SUPREME COURT OF INDIA DIVISION BENCH JAFFAR ALI NAWAB ALI CHAUDHARI AND OTHERS — Appellant Vs. THE MUNICIPAL CORPORATION OF GREATER MUMBAI — Respondent ( Before : Vikram Nath and…
A combined reading of Section 15(1)(a) and Section 16 of the Act would make it manifest that the property of a female Hindu dying intestate shall devolve, firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. Therefore, the plaintiff being the widow of the pre-deceased son does not have the first right or entitlement to receive any share in the share of her mother-inlaw.
SUPREME COURT OF INDIA FULL BENCH SACHIDHANANDAM SINCE DEAD THROUGH HIS LRS. — Appellant Vs. E. VANAJA AND OTHERS — Respondent ( Before : B.R. Gavai, Hima Kohli and Prashant…
Criminal Procedure Code, 1973 (CrPC) – Section 311 – Evidence Act, 1972 – Section 65B – Re-summon of material witness and permission to produce the report and certificate under Section 65B of the Act – 2008 Bangalore Bomb Blasts Case – Delay of six years in producing the certificate – Certificate under 65-B of the Act can be produced at any stage if the trial is not over
SUPREME COURT OF INDIA DIVISION BENCH STATE OF KARNATAKA — Appellant Vs. T. NASEER @ NASIR @ THANDIANTAVIDA NASEER @ UMARHAZI @ HAZI AND OTHERS — Respondent ( Before :…
Penal Code, 1860 (IPC) – Sections 141, 142 and 302, 304-II and 149 – Murder – Common object of unlawful assembly – Injury caused in free fight – Alteration of sentence form Section 302 to 304-II –
SUPREME COURT OF INDIA FULL BENCH PARSHURAM — Appellant Vs. STATE OF M.P. — Respondent ( Before : B.R. Gavai, B.V. Nagarathna and Prashant Kumar Mishra, JJ. ) Criminal Appeal…
HELD clearly of the view that the manner in which the applicants have been denied empanelment for the post of Colonel on a selection basis is arbitrary. Besides being violative of the fundamental principles of fairness embodied in Article 14 of the Constitution, the whole approach has been contrary to both the judgment of this Court in Nitisha as well as the applicable policy framework laid down by the Army authorities.
SUPREME COURT OF INDIA FULL BENCH NITISHA AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., J.B. Pardiwala and…
All factors taken together create a serious doubt about the correctness of the dying declaration. Therefore, the dying declaration will have to be kept out of consideration. In any case, the dying declaration is not of that sterling quality on which the conviction can be based in absence of any other evidence. Therefore, the prosecution has failed to prove the guilt of the appellant beyond a reasonable doubt. The appeal succeeds and the impugned orders are quashed and set aside. The appellant is acquitted.
SUPREME COURT OF INDIA DIVISION BENCH SHAMBHUBHAI KALABHAI RAVAL — Appellant Vs. STATE OF GUJARAT — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…
Murder of wife – First Information Report and the dying declarations on record clearly contain the statement of the deceased that when she had poured kerosene upon herself to deter the appellant from fighting and assaulting, he lighted a matchstick and with the intention to kill her, threw it upon her by saying “You Die” – Conviction and Sentence upheld.
SUPREME COURT OF INDIA DIVISION BENCH ANIL KUMAR — Appellant Vs. THE STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…
Transfer of Property Act, 1882 – Section 106 – Declaration of title – Permanent injunction – Quit notice – Validity of – Tamil Nadu City Tenants Protection Act, 1921 – After purchase of second schedule property from original owner, defendant rightly issued quit notice under Section 106 of Act 1882 to plaintiff
SUPREME COURT OF INDIA DIVISION BENCH MOHIDEEN ABDUL KHADAR (DEAD)THROUGH LRS. — Appellant Vs. RAHMATH BEEVI (D) THR. HER LRS. AND OTHER — Respondent ( Before : Aniruddha Bose and…
Civil Procedure Code, 1908 (CPC) – Section 114 read with Order 47 – Review of judgment – Any passing reference of the impugned judgment made by the Bench of the equal strength could not be a ground for review
SUPREME COURT OF INDIA DIVISION BENCH SANJAY KUMAR AGARWAL AND OTHERS — Appellant Vs. STATE TAX OFFICER (1) AND ANOTHER — Respondent ( Before : A.S. Bopanna and Bela M.…