![[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)
Limitation Act, 1963 – Article 54 and Section 9 – Suit for specific performance – Limitation – Article 54 of Part II of the Schedule to the Limitation Act, 19637 stipulates the limitation period for filing a suit for specific performance as three years from the date fixed for performance, and in alternative when no date is fixed, three years from the date when the plaintiff has notice that performance has been refused – when no time is fixed for performance, the court will have to determine the date on which the plaintiff had notice of refusal on part of the defendant to perform the contract.
SUPREME COURT OF INDIA DIVISION BENCH A. VALLIAMMAI — Appellant Vs. K.P. MURALI AND OTHERS — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi, JJ. ) Civil Appeal…
Judicial service – Appointment to higher judicial service – If one of the selected candidates joins and then resigns, it gives rise to a fresh vacancy which could not have been filled up without issuing a proper advertisement and following the fresh selection process.
SUPREME COURT OF INDIA DIVISION BENCH SUDESH KUMAR GOYAL — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : Hrishikesh Roy and Pankaj Mithal, JJ. )…
Penal Code, 1860 (IPC) – Sections 341, 302 read with 34 – Murder – Common intention – Accused persons had assembled in the morning and surrounded (gheraoed) the deceased with deadly weapons is sufficient indication to infer that they had surrounded (gheraoed) in a pre-planned manner with a pre-determined mind – the nature of injuries which have been caused on the head of the deceased with the deadly weapons proves that they had assembled with the common intention and not merely to threaten her or to deter her from practicing witchcraft
SUPREME COURT OF INDIA DIVISION BENCH BHAKTU GORAIN AND ANOTHER — Appellant Vs. THE STATE OF WEST BENGAL — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ.…
Limitation Act, 1963 – Section 18 – Effect of acknowledgment in writing – Documents relating to acknowledgement claiming benefit of Section 18 were introduced at appellate stage, and such documents being balance sheets and settlement offers, the same could be accepted even at the appellate stage.
SUPREME COURT OF INDIA DIVISION BENCH AXIS BANK LIMITED — Appellant Vs. NAREN SHETH AND ANOTHER — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. ) Civil Appeal…
(NDPS) – Sections 53 and 67 – Evidence Act, 1872 – Section 25 – Confessional statement – Any confessional statement made by an accused to an officer invested with the powers under Section 53 of the NDPS Act, is barred for the reason that such officers are “police officers” within the meaning of Section 25 of the Evidence Act, a statement made by an accused and recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act.
SUPREME COURT OF INDIA FULL BENCH BALWINDER SINGH (BINDA) AND OTHER — Appellant Vs. THE NARCOTICS CONTROL BUREAU — Respondent ( Before : B.R.Gavai, Hima Kohli and Prashant Kumar Mishra,…
IBC, 2016 – S 5(24) – ‘related party’ – ‘related party’ regarding an individual includes someone who is a relative of the individual or a relative of the individual’s spouse – Additionally, if an individual is a director of a private or public company and, along with relatives, holds more than two percent of the company’s share capital or paid-up share capital, that company is considered a ‘related party.’ – The explanation also specifies that both maternal and paternal uncles fall under the definition of ‘related party.’
SUPREME COURT OF INDIA DIVISION BENCH EVA AGRO FEEDS PRIVATE LIMITED — Appellant Vs. PUNJAB NATIONAL BANK AND ANOTHER — Respondent ( Before : B. V. Nagarathna and Ujjal Bhuyan,…
Constitution of India, 1950 – Article 13(2) – Delhi Special Police Establishment Act, 1946 – Section 6A – the declaration made by the Constitution Bench in the case of Subramanian Swamy vs. Director, Central Bureau of Investigation and another, (2014) 8 SCC 682, will have retrospective operation – Section 6A of the DSPE Act is held to be not in force from the date of its insertion i.e. 11.09.2003.
SUPREME COURT OF INDIA FULL BENCH CBI — Appellant Vs. R.R. KISHORE — Respondent ( Before : Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath and J.K. Maheshwari,…
Section 15 of the IBC and Regulation 6 of the IBBI Regulations mandate a public announcement of the CIRP through newspapers – This would constitute deemed knowledge on the appellant – In any case, their plea of not being aware of newspaper pronouncements is not one which should be available to a commercial party.
SUPREME COURT OF INDIA DIVISION BENCH M/S. RPS INFRASTRUCTURE LTD. — Appellant Vs. MUKUL KUMAR AND ANOTHER — Respondent ( Before : Sanjay Kishan Kaul and Sudhanshu Dhulia, JJ. )…
Penal Code, 1860 (IPC) – Sections 409 and 120B – Quashing of criminal proceedings – DBS Bank not responsible for any criminal acts committed by former employees of Lakshmi Vilas Bank before the merger – Criminal proceedings quashed.
SUPREME COURT OF INDIA DIVISION BENCH RELIGARE FINVEST LIMITED — Appellant Vs. STATE OF NCT OF DELHI AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar,…
Levy of a service charge or fee – Section 38 of the Insurance Act, which governs assignment or transfer of policies, does not authorize the levy of any such fee – even in the contract of policy, such a provision has not been made – Fees charged unauthorized
SUPREME COURT OF INDIA DIVISION BENCH LIFE INSURANCE CORPORATION OF INDIA — Appellant Vs. DRAVYA FINANCE PVT. LTD. AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay…