![[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)
Statement by an injured person recorded as FIR can be treated as a dying declaration and such a statement is admissible under Section 32 of the Indian Evidence Act – A dying declaration can be the sole basis for conviction – Accused convicted under Sections 302 and 307 IPC
SUPREME COURT OF INDIA FULL BENCH HARENDRA RAI — Appellant Vs. THE STATE OF BIHAR & ORS. — Respondent ( Before : Sanjay Kishan Kaul, Abhay S. Oka and Vikram…
Percentage of deduction or the extent of area required to be set apart has to be assessed by the courts having regard to the size, shape, situation, user etc. of the lands acquired – It is essentially a kind of guess work the courts are expected to undertake – A cut of one third was required to be imposed on the amount of compensation awarded by it – Assessment of market value so determined does not warrant any interference – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH MALA ETC. ETC. AND OTHERS — Appellant Vs. STATE OF PUNJAB AND OTHERS — Respondent ( Before : Bela M. Trivedi and Dipankar Datta,…
Right to Information Act, 2005 – Section 4 – – the public authorities owe a duty to disseminate the information widely suo motu to the public so as to make it easily accessible to the public. In regard to information enumerated or required to be enumerated under Sections 4(1)(b) and (c) of the RTI Act, necessarily and naturally, the competent authorities under the RTI Act will have to act in a proactive manner so as to ensure accountability and ensure that the fight against corruption goes on relentlessly
SUPREME COURT OF INDIA FULL BENCH KISHAN CHAND JAIN — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Pamidighantam Sri Narasimha…
A plea of non est factum can be taken by an executor or signatory of the deed to plead that the said document is invalid as its executor/signatory was mistaken about its character at the time of executing/signing it. It is a latin maxim which literally means “it is not the deed.” A plea of non est factum is a defence available in Contract Law allowing a person to escape the effect of a document which she/he may have executed/signed.
SUPREME COURT OF INDIA DIVISION BENCH RAMATHAL AND OTHERS — Appellant Vs. K. RAJAMANI (DEAD) THROUGH LRS AND ANOTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…
Arbitration and Conciliation Act 1996 – Ss 34 & 37 – The scope of jurisdiction under Section 34 and Section 37 of the Act is not akin to normal appellate jurisdiction.[3] It is well-settled that courts ought not to interfere with the arbitral award in a casual and cavalier manner. The mere possibility of an alternative view on facts or interpretation of the contract does not entitle courts to reverse the findings of the Arbitral Tribunal
SUPREME COURT OF INDIA FULL BENCH KONKAN RAILWAY CORPORATION LIMITED — Appellant Vs. CHENAB BRIDGE PROJECT UNDERTAKING — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., Pamidighantam Sri Narasimha…
A writ of certiorari, being a high prerogative writ, should not be issued on mere asking – Supreme Court explained that a court which has jurisdiction over a subject matter has jurisdiction to decide wrong as well as right, and when the Legislature does not choose to confer a right of appeal against that decision, it would be defeating its purpose and policy if a superior court were to rehear the case on the evidence and substitute its own finding in certiorari
SUPREME COURT OF INDIA DIVISION BENCH CENTRAL COUNCIL FOR RESEARCH IN AYURVEDIC SCIENCES & ANOTHER — Appellant Vs. BIKARTAN DAS AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…
Considering the principles laid down in sub-section (4)(b) of Section 55 of the Transfer of Property Act Act, the seller will have a charge over the property subject matter of the sale for unpaid consideration and he can enforce the charge by filing a suit.
SUPREME COURT OF INDIA Before: Abhay S. Oka & Rajesh Bindal, JJ. Civil Appeal No.10412 of 2013 Decided on: 31.07.2023 Yogendra Prasad Singh (Dead) through LRs – Appellants Versus Ram…
To give threat to a person to withdraw a complaint or FIR or settle the dispute would not attract Section 195A of the IPC — Nowhere the first informant has stated that out of fear, she paid Rs. 10 Lakh to the accused persons – No offence under Section 386 of the IPC can be said to have been made out — FIR quashed.
SUPREME COURT OF INDIA Before: B.R. Gavai & J.B. Pardiwala, JJ. Criminal Appeal No. 2344 of 2023 (Arising out of S.L.P. (Criminal) No. 3152 of 2023) Decided on: 08.08.2023 Salib…
Income Tax Act, 1961 – Section 2(24) – Interest income earned on fixed deposits made in the banks by the Clubs has to be treated like any other income from other sources within the meaning of Section 2(24) of Income Tax Act, 1961
SUPREME COURT OF INDIA DIVISION BENCH SECUNDRABAD CLUB ETC. — Appellant Vs. C.I.T.-V ETC. — Respondent ( Before : B.V. Nagarathna and Prashant Kumar Mishra, JJ. ) Civil Appeal No(S).…
Land Acquisition – Percentage of deduction or the extent of area required to be set apart has to be assessed by the courts having regard to the size, shape, situation, user etc. of the lands acquired – It is essentially a kind of guess work the courts are expected to undertake – A cut of one third was required to be imposed on the amount of compensation awarded by it
SUPREME COURT OF INDIA DIVISION BENCH MALA ETC. ETC. AND OTHERS — Appellant Vs. STATE OF PUNJAB AND OTHERS — Respondent ( Before : Bela M. Trivedi and Dipankar Datta,…