Hindu Marriage Act, 1955 – Section 13(1)(ia) and 13(1)(ib) – Divorce on the grounds of cruelty and desertion by wife – From June 2009 wife left the matrimonial home with all her personal belongings and consistently refused to consummate the marriage, thereby causing mental agony to the husband – – From the evidence on record, an inference can be drawn that there was animus deserendi on the part of the wife
SUPREME COURT OF INDIA DIVISION BENCH DEBANANDA TAMULI — Appellant Vs. SMTI KAKUMONI KATAKY — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil Appeal No.…
Cancellation of lease – A person who misleads the Development Authority in obtaining allotment of a plot is not entitled to any relief – HELD Cancellation of lease – A person who misleads the Development Authority in obtaining allotment of a plot is not entitled to any relief -Cancellation of lease – – Filing of a false affidavit disentitles the plaintiff for any equitable relief – any irregularity in the process of cancellation stands cured with Chief Executive Officer granting permission.
RAVINDRA KUMAR SINGHVI (DEAD) THR. LRS. — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil Appeal No. 382 of 2012 Decided on : 15-02-2022 Cancellation of…
Plea of juvenility has to be raised in a bonafide and truthful manner. If the reliance is on a document to seek juvenility which is not reliable or dubious in nature, the appellant cannot be treated to be juvenile keeping in view that the Act is a beneficial legislation – Appellant cannot be given benefit of juvenility – HELD birth certificate issued by corporation or municipal authority or a panchayat is a relevant document to prove the juvenility -Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH MANOJ @ MONU @ VISHAL CHAUDHARY — Appellant Vs. STATE OF HARYANA AND ANOTHER — Respondent ( Before : Hemant Gupta and V. Ramasubramanian,…
Consumer Protection Act, 2019 – Section 67 – Onerous condition of payment of 50% of the amount awarded will not be applicable to the complaints filed prior to the commencement of the 2019 Act.
SUPREME COURT OF INDIA DIVISION BENCH ECGC LIMITED — Appellant Vs. MOKUL SHRIRAM EPC JV — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) I.A. No. 99210…
Murder – Acquittal – Circumstantial evidence – Burden of proof — Prosecution having failed to prove the basic facts as alleged against the accused, the burden could not be shifted on the accused by pressing into section 106 of the Evidence Act HELD gross error of law in convicting the accused for the alleged crime, merely on the basis of the suspicion, conjectures and surmises – Accused are acquitted.
SUPREME COURT OF INDIA DIVISION BENCH SATYE SINGH AND ANOTHER — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : Sanjiv Khanna and Belam. Trivedi, JJ. ) Criminal Appeal…
IMP – Commercial Suits – Time limit for filing written statement – in the ordinary circumstances, the mandates of Rule 1(1) of Order V, Rule 1 of Order VIII as also Rule 10 of Order VIII, as applicable to the Commercial dispute of a Specified Value, do operate in the manner that after expiry of 120th day from the date of service of summons, the defendant forfeits the right to submit his written statement and the Court cannot allow the same to be taken on record but
SUPREME COURT OF INDIA DIVISION BENCH PRAKASH CORPORATES — Appellant Vs. DEE VEE PROJECTS LIMITED — Respondent ( Before : Dinesh Maheshwari and Vikram Nath, JJ. ) Civil Appeal No(s).…
Council of Architecture may prescribe minimum standards of architectural education, either by way of regulations issued under Section 45(2) or even otherwise – It is only in cases where the Council chooses to prescribe standards in the form of regulations that the requirement of approval of the Central Government under Section 45(1) would become necessary.
SUPREME COURT OF INDIA DIVISION BENCH COUNCIL OF ARCHITECTURE — Appellant Vs. THE ACADEMIC SOCIETY OF ARCHITECTS (TASA) AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian,…
Maharashtra Regional and Town Planning Act, 1966 – Sections 19, 22, 22(b), 22(c) and 31(5) – Under the MRTP Act, in the Development Plan, the Planning Authority and/or the Appropriate Authority has to make the provisions for the public purposes mentioned in Clauses (b) and (c) of Section 22 and sub-section (5) of Section 31 of the MRTP Act – in the facts and circumstances of this case, when land is found to be unsuitable and unusable for the purposes for which it has been reserved, Corporation cannot be compelled to pay a huge compensation for such a useless and unsuitable land.
SUPREME COURT OF INDIA DIVISION BENCH THE KOLHAPUR MUNICIPAL CORPORATION AND OTHERS — Appellant Vs. VASANT MAHADEV PATIL (DEAD) THROUGH L.R.S AND OTHERS — Respondent ( Before : M.R. Shah…
When the complainant had lodged the FIR immediately after the theft of the vehicle, and when the police after the investigation had arrested the accused and also filed challan before the concerned Court, and when the claim of the insured was not found to be not genuine, the Insurance Company could not have repudiated the claim merely on the ground that there was a delay in intimating the Insurance Company about the occurrence of the theft.
SUPREME COURT OF INDIA DIVISION BENCH JAINA CONSTRUCTION COMPANY — Appellant Vs. THE ORIENTAL INSURANCE COMPANY LIMITED AND ANOTHER — Respondent ( Before : Sanjiv Khanna and Bela M. Trivedi,…
Industrial Disputes Act, 1947 – Section 11A – Dismissal form service – Misconduct – Looking into seriousness of the nature of allegations levelled against the employee, the punishment of dismissal inflicted upon him in no manner could be said to be shockingly disproportionate which would have required to be interfered with by the Tribunal in exercise of its power under Section 11A of the Act 1947
SUPREME COURT OF INDIA DIVISION BENCH UNITED BANK OF INDIA — Appellant Vs. BACHAN PRASAD LALL — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. ) Civil…