The appellant had filled in 08.12.1997 as his date of birth, while his actual date of birth is 18.12.1997 – SCOI allowed the appeal, holding that the error in the application form was a trivial error and did not justify the cancellation of the appellant’s candidature: – The Supreme Court’s reasoning is based on the following principles: a. De minimis non curat lex – The law does not concern itself with trifles. b. Candidacy cancellation for trivial errors is not justified. c. No prejudice caused to the state due to the error.
SUPREME COURT OF INDIA DIVISION BENCH VASHIST NARAYAN KUMAR — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…
Registration Act, 1908 – Section 47 – Time from which registered document operates – Sale operated from the date of execution of the original sale deed, despite the alteration made before registration without the buyer’s consent
SUPREME COURT OF INDIA DIVISION BENCH KANWAR RAJ SINGH (D) TH. LRS. — Appellant Vs. GEJO. (D) TH.LRS AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj…
Nomination Process Under Companies Act Does Not Override Succession Laws
Held that the nomination process under the Companies Act, 1956 (pari materia Companies Act, 2013) does not override succession laws. It is beyond the scope of the company’s affairs to…
Revision Petition Under S.115 CPC Not Maintainable Against Refusal To Set Aside Ex-Parte Decree Under Order IX Rule 13
“When an application or petition filed under Order IX Rule 13 CPC is dismissed, the defendant can avail a remedy by preferring an appeal in terms of Order XLIII Rule…
Documents Can Be Produced During Cross-Examination In Civil Trial To Confront Party To Suit Or Witness
The freedom to produce documents for either of the two purposes i.e. cross examination of witnesses and/or refreshing the memory would serve its purposes for parties to the suit as…
Ensure Bail Applications Are Listed At The Earliest; Personal Liberty At Stake : Supreme Court To All High Courts
“This Court held and reiterated that decisions on anticipatory bail applications / bail applications, are concerned with the liberty and therefore, shall be taken up and disposed of, expeditiously….Virtually, this…
Though Advocates Settle Pleadings & Argue On Clients’ Instructions, They Have Duty To Verify Facts From Case Records
“It cannot be gainsaid that every party approaching the court seeking justice is expected to make full and correct disclosure of material facts and that every advocate being an officer…
IBC | When Matter Heard But No Order Pronounced On The Same Day, Limitation To Commence From The Date When Order Gets Uploaded
The Bench observed that the limitation runs from the date of pronouncement of order. The issue was as to when an order is deemed to be pronounced. Rule 89(1) of…
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – Private agreements cannot be enforced in Slum Rehabilitation Schemes as against the statutory mandate of Slum Rehabilitation Authority (SRA) – Slum society or private Developer cannot dictate terms to the Slum Rehabilitation Authority (SRA) and it must act in terms of its own policies and circulars – Slum Rehabilitation Authority (SRA) has to act in terms of its own policies and circulars without allowing private or contractual interests to prevail over public policy especially a policy which is welfare based.
SUPREME COURT OF INDIA DIVISION BENCH SAYUNKTA SANGARSH SAMITI AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia,…
Prevention of Money Laundering Act, 2002 – Section 19 – Money Laundering Case – Non-furnishing of grounds of arrest – Illegal Arrest – Seeking direction to release – Since by way of safeguard a duty is cast upon the concerned officer to forward a copy of the order along with the material in his possession to the Adjudicating Authority immediately after the arrest of the person, and to take the person arrested to the concerned court within 24 hours of the arrest, the reasonably convenient or reasonably requisite time to inform the arrestee about the grounds of his arrest would be twenty-four hours of the arrest – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH RAM KISHOR ARORA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Bela M. Trivedi and Satish Chandra Sharma, JJ. ) Criminal…