Dishonour of cheque – Transfer of case from one state to another state – Power of SCOI Court to transfer pending criminal proceedings under Section 406 Cr.P.C. does not stand abrogated thereby in respect of offences under Section 138 of the Act of 1881 – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH YOGESH UPADHYAY AND ANOTHER — Appellant Vs. ATLANTA LIMITED — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. ) Transfer Petition (Criminal)…
Civil Law – Execution of decree – A Court executing a decree cannot go behind the decree: it must take the decree as it stands, for the decree is binding and conclusive between the parties to the suit.
SUPREME COURT OF INDIA DIVISION BENCH SANWARLAL AGRAWAL AND OTHERS — Appellant Vs. ASHOK KUMAR KOTHARI AND OTHERS — Respondent ( Before : Krishna Murari and S. Ravindra Bhat, JJ.…
Constitution of India, 1950 – Article 30 – management of any registered minority Secondary School receiving Grant-in-Aid from the State-Government, then such school would not be entitled to receive any grant in respect of the expenditure incurred for continuing such employee or teacher beyond the age of 58 or 60 years
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF GUJARAT AND OTHERS — Appellant Vs. H.B. KAPADIA EDUCATION TRUST AND ANOTHER — Respondent ( Before : Dinesh Maheshwari and Bela…
(CrPC) – S 319 – Power of summoning – HELD ordinarily the summoning of a person at the very threshold of the trial may be discouraged and the trial court must evaluate the evidence against the persons sought to be summoned and then adjudge whether such material is
SUPREME COURT OF INDIA DIVISION BENCH JUHRU AND OTHERS — Appellant Vs. KARIM AND ANOTHER — Respondent ( Before : Surya Kant and J.K. Maheshwari, JJ. ) Criminal Appeal No.…
Chhattisgarh Land Revenue Code, 1959 – Section 257 – Jurisdiction of civil court – Bar of jurisdiction – Question whether the purchase by a tribal was a sham and nominal transaction for the benefit of a non-tribal, may not fall exclusively within the jurisdiction of the Revenue Authorities.
SUPREME COURT OF INDIA DIVISION BENCH KHORA (DEAD) THROUGH LEGAL HEIRS AND OTHERS — Appellant Vs. MOHAR SAI AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal,…
Power of Attorney – General power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation.
SUPREME COURT OF INDIA DIVISION BENCH MITA INDIA PRIVATE LIMITED — Appellant Vs. MAHENDRA JAIN — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Criminal Appeal No.…
A DNA test of a minor child is not to be ordered routinely, in matrimonial disputes – Proof by way of DNA profiling is to be directed in matrimonial disputes involving allegations of infidelity, only in matters where there is no other mode of proving such assertions.
SUPREME COURT OF INDIA DIVISION BENCH APARNA AJINKYA FIRODIA — Appellant Vs. AJINKYA ARUN FIRODIA — Respondent ( Before : B.V. Nagarathna and V. Ramasubramanian, JJ. ) Civil Appeal No.…
Compassionate appointment – Appeal is accordingly disposed of with a request to the High Court to dispose of the writ appeal on its own merits as expeditiously as possible.
SUPREME COURT OF INDIA DIVISION BENCH SOUTH EASTERN COALFIELD LIMITED AND OTHERS — Appellant Vs. AVINASH SOLOMAN — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. )…
Last seen theory – may be a weak kind of evidence by itself to base conviction – But if If the accused offers no explanation or furnishes a wrong explanation, absconds, motive is established and some other corroborative evidence in the form of recovery of weapon etc. forming a chain of circumstances is established, the conviction could be based on such evidence
SUPREME COURT OF INDIA DIVISION BENCH RAM GOPAL S/O MANSHARAM — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. )…
Land acquisition – in case possession has been taken, compensation has not been paid then there is no lapse – Similarly, if compensation has been paid, possession has not been taken then there is no lapse
SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF NCT OF DELHI AND OTHERS — Appellant Vs. KRISHAN KUMAR AND OTHERS — Respondent ( Before : M.R. Shah, C.T. Ravikumar and…