Civil Procedure Code, 1908 (CPC) – Order 8 Rule 6A – Counter claim – A counter claim can be made by the defendant, even on a separate or independent cause of action.
SUPREME COURT OF INDIA FULL BENCH SATYENDER AND OTHERS — Appellant Vs. SAROJ AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Sudhanshu Dhulia, JJ.…
(CPC) – Order 7 Rule 11 – Commercial Courts Act, 2015 – Section 12A – Rejection of Plaint – Pre-Institution Mediation and Settlement – Section 12A of the Act is mandatory – Any suit instituted violating the mandate of Section 12A must be visited with rejection of the plaint under Order VII Rule 11 – This power can be exercised even suo moto by the court – Section 12A cannot be described as a mere procedural law.
SUPREME COURT OF INDIA DIVISON BENCH M/S. PATIL AUTOMATION PRIVATE LIMITED AND OTHERS — Appellant Vs. RAKHEJA ENGINEERS PRIVATE LIMITED — Respondent ( Before : K.M. Joseph and Hrishikesh Roy,…
(CrPC) – Section 311 – Power to summon – Section 311 provides that the Court may summon any person as a witness or to examine any person in attendance, though not summoned as a witness and Recall and re-examine any person who has already been examined – This power can be exercised at any stage of any inquiry, trial or other proceeding under the CrPC
SUPREME COURT OF INDIA DIVISON BENCH VARSHA GARG — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and AS Bopanna,…
Murder – Benefit of doubt – Vital discrepancies and inconsistencies in the evidence of the prosecution witnesses – The corroboration sought by the prosecution with regard to alleged recoveries of the weapons used in the crime is also not free from doubt
SUPREME COURT OF INDIA DIVISON BENCH KHEMA @ KHEM CHANDRA ETC. — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ.…
Possession of the commercial quantity of illegal ‘Ganja’(Cannabis) – Reduction of sentence- Considering the old age of the accused appellant, who is a poor illiterate lady completely unaware of the consequences, it is appropriate to reduce the sentence.
SUPREME COURT OF INDIA DIVISON BENCH BUDHIYARIN BAI — Appellant Vs. STATE OF CHATTISGARH — Respondent ( Before : Ajay Rastogi and C.T. Ravikumar, JJ. ) Criminal Appeal No(s). 1218…
HELD constrained to point out that out of 1689 units in the country, the applicant has chosen the Project Proponent as it appears to be a motivated petition to target the Project Proponent though the Cold Steel Rolling Mills in the country were operating under the same regime. Not only the Project Proponent, but the country also has suffered immensely on account of closure of the unit which was export oriented unit
SUPREME COURT OF INDIA DIVISON BENCH GAJUBHA JADEJA JESAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Civil…
Compensation under the head on account of loss of love and affection is not permissible but compensation on account of spousal consortium for wife and for the parental consortium for children is admissible. HELD Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application under Section 166 of the Act, 1988 which is summary in nature
SUPREME COURT OF INDIA DIVISON BENCH JANABAI WD/O DINKARRAO GHORPADE AND OTHERS — Appellant Vs. M/S. I.C.I.C.I. LAMBORD INSURANCE COMPANY LIMITED — Respondent ( Before : Hemant Gupta and Vikram…
Department Promotion Committee (DPC) is constituted and the profile of the candidates coming within the zone of consideration is prepared – But in a special drive for filling up the backlog vacancies meant for reserved category candidates, such an exercise become redundant
SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. GOPAL MEENA AND OTHERS — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. )…
Land Acquisition Act, 1894 – Section 23(1-A) and 23(2) – Compensation on account of severance is not entitled to the benefit of Section 23(1-A) and Section 23(2) of the Act
SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA — Appellant Vs. RAMCHANDRA AND OTHERS — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Civil Appeal Nos.…
Murder – Conviction and sentence – An accused cannot be convicted on the ground of suspicion, no matter how strong it is. An accused is presumed to be innocent unless proved guilty beyond a reasonable doubt – Conviction and sentence set aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISON BENCH RAM NIWAS — Appellant Vs. STATE OF HARYANA — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ. ) Criminal Appeal No.…