Code of Civil Procedure, 1908 – Order 9 Rule 13 – Provincial Small Cause Courts Act, 1887 – Section 17 – Prayer to set aside ex parte decree could not have been denied for want of further deposit in terms of the decree in question – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH SHYAM KUMAR GUPTA AND OTHERS — Appellant Vs. SHUBHAM JAIN — Respondent ( Before : Dinesh Maheshwari and Bela M. Trivedi, JJ. ) Civil…
HELD Permitting a candidate to contest from more than one seat in a Parliamentary election or at an election to the State Legislative Assembly is a matter of legislative policy – It is a matter pertaining to legislative policy since, ultimately, Parliament determines whether political democracy in the country is furthered by granting a choice
SUPREME COURT OF INDIA FULL BENCH ASHWINI KUMAR UPADHYAY — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI., Pamidighantam Sri Narasimha…
Committee headed by Justice Debi Prasad Dey, retired Judge, Calcutta High Court – go into all relevant factors and verify the claims of the petitioners which would then be considered and acted upon by the same.
SUPREME COURT OF INDIA DIVISION BENCH SNEHASIS GIRI AND OTHERS — Appellant Vs. SUBHASIS MITRA — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. ) Contempt Petition…
HELD Storage Facility For Edible Oil Not Allowed Outside Port Area – As regards the pipelines which have been drawn, the appellants may approach the relevant District Coastal Zonal Management Authority within a period of one month from today. The District Coastal Zonal Management Authority will consider any application made in regard to the continued use of the pipeline and take a decision in accordance with law within a further period of six weeks from the date of the receipt of the application.
SUPREME COURT OF INDIA FULL BENCH K.T.V. HEALTH FOOD PRIVATE LIMITED — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : K.M. Joseph, B.V. Nagarathna and J.B.…
Writ Petition – Alternative remedy – mere availability of an alternative remedy of appeal or revision, which the party invoking the jurisdiction of the high court under Article 226 has not pursued, would not oust the jurisdiction of the high court and render a writ petition “not maintainable”.
SUPREME COURT OF INDIA DIVISION BENCH M/S GODREJ SARA LEE LIMITED — Appellant Vs. THE EXCISE AND TAXATION OFFICER-CUM-ASSESSING AUTHORITY AND OTHERS — Respondent ( Before : S. Ravindra Bhat…
Dishonour of cheque – Compromise between parties – Respondent No.2 was duty bound to file a compromise petition before the High Court, and by not doing the same has led to an unwarranted confirmation of the Appellants’ conviction. Set aside conviction appeal allowed
SUPREME COURT OF INDIA DIVISION BENCH B V SESHAIAH — Appellant Vs. THE STATE OF TELANGANA AND ANOTHER — Respondent ( Before : Krishna Murari and V. Ramasubramanian, JJ. )…
(CPC) – Order 21 – Execution of decree and order – HELD in cases where amounts are deposited with the office / registry of the court / tribunal, that such amounts should mandatorily be deposited in a bank or some financial institution, to ensure that no loss is caused in the future
SUPREME COURT OF INDIA DIVISION BENCH K.L. SUNEJA AND ANOTHER — Appellant Vs. DR. (MRS.) MANJEET KAUR MONGA (D) THROUGH HER LR AND ANOTHER — Respondent ( Before : M.R.…
Himachal Pradesh Tenancy and Land Reforms Act, 1972 – Section 118 – Transfer of land to non-agriculturists – By merely assigning rights to an agriculturist, who will be using the land for a purpose other than agriculture, would defeat the purpose of this Act.
SUPREME COURT OF INDIA DIVISION BENCH AJAY DABRA — Appellant Vs. PYARE RAM AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and Sudhanshu Dhulia, JJ. ) Civil Appeal…
Income Tax Act, 1961 – Sections 2(15) and 11 – Exemption for income derived from property held under trust – the matter requires to be re-examined, and the question as to whether the amounts received by the assessee qualify for exemption, under Section 2 (15) or Section 11 needs to be gone into afresh.
SUPREME COURT OF INDIA DIVISION BENCH PR. COMMISSIONER OF INCOME TAX (EXEMPTIONS) DELHI — Appellant Vs. SERVANTS OF PEOPLE SOCIETY — Respondent ( Before : S. Ravindra Bhat and Dipankar…
Penal Code, 1860 (IPC) – Section 376 – Rape – False promise to marry – Acquittal – It would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 – There is a difference between giving a false promise and committing breach of promise by the accused
SUPREME COURT OF INDIA DIVISION BENCH NAIM AHAMED — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Criminal Appeal…