An appeal is a continuation of the original proceedings – Appellate courts jurisdiction involves a rehearing of appeal on questions of law and fact – First appeal is a valuable right, and, at that stage, all questions of fact and law decided by the Trial Court are open for re-consideration
SUPREME COURT OF INDIA DIVISON BENCH SOMAKKA (DEAD) BY LRS. — Appellant Vs. K.P. BASAVARAJ(DEAD) BY LRS. — Respondent ( Before : S. Abdul Nazeer and Vikram Nath, JJ. )…
Recovery Certificate – would be a “financial debt” – the holder of such certificate would be entitled to initiate Corporate Insolvency Resolution Process (CIRP), if initiated within a period of three years from the date of issuance of the Recovery Certificate.
SUPREME COURT OF INDIA FULL BENCH KOTAK MAHINDRA BANK LIMITED — Appellant Vs. A. BALAKRISHNAN AND ANOTHER — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and A.S. Bopanna,…
Constitution of India, 1950 – Article 161 – It is well-settled that the advice of the State Cabinet is binding on the Governor in matters relating to commutation / remission of sentences under Article 161.
SUPREME COURT OF INDIA FULL BENCH A.G. PERARIVALAN — Appellant Vs. STATE, THROUGH SUPERINTENDENT OF POLICE CBI/SIT/MMDA, CHENNAI, TAMIL NADU AND ANOTHER — Respondent ( Before : L. Nageswara Rao,…
Bank could not have continued the proceedings under the SARFAESI Act once the Corporate Insolvency Resolution (CIRP) was initiated and the moratorium was ordered.
SUPREME COURT OF INDIA DIVISON BENCH INDIAN OVERSEAS BANK — Appellant Vs. M/S RCM INFRASTRUCTURE LTD. AND ANOTHER — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…
HELD The findings of the MCI on the conduct of Respondent 1 forms basis for the court to hold a case of medical negligence leading to deficiency in his services. Judgment of the N C D R C, set aside.
SUPREME COURT OF INDIA FULL BENCH HARNEK SINGH AND OTHERS — Appellant Vs. GURMIT SINGH AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam…
NOIDA is not a financial creditor, it would constitute an operational creditor. Appeal dismissed
SUPREME COURT OF INDIA DIVISON BENCH NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY — Appellant Vs. ANAND SONBHADRA — Respondent ( Before : K.M. Joseph And Hrishikesh Roy, JJ. ) Civil Appeal…
Karnataka Land Revenue Rules, 1966 – Rule 119(2) – Restoration of the forfeited property -The appellant taking benefit of the said amendment filed the applications on 30.09.2000 and 05.10.2000 seeking for restoration, which were well within the time prescribed.
SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF KARNATAKA AND OTHERS — Appellant Vs. G. RAMANARAYANA JOSHI — Respondent ( Before : L. Nageswara Rao and A.S. Bopanna, JJ.…
Compromise decree – No appeal would lie – to avoid the terms of a consent decree party has to establish, before the Court that passed the same, that the agreement, is invalid or illegal. HELD terms of a compromise cannot be avoided, unless the allegation of fraud has been proved
SUPREME COURT OF INDIA DIVISON BENCH K. SRINIVASAPPA AND OTHERS — Appellant Vs. M. MALLAMMA AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil…
Benefit of Doubt – For bringing home the guilt of the accused, prosecution has to firstly prove negligence and then establish direct nexus between negligence of the accused and the death of the victim – Appeal Allowed.
SUPREME COURT OF INDIA FULL BENCH NANJUNDAPPA AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : N.V. Ramana, CJI, Krishna Murari and Hima Kohli, JJ.…
When an exparte decree is set aside – the defendants cannot be relegated to the position prior to the date of hearing of the suit when he was placed exparte – cannot file written statement but can cross examine witnesses & argue the matter.
SUPREME COURT OF INDIA DIVISON BENCH SUDHIR RANJAN PATRA (DEAD) THR. LRS. AND ANOTHER — Appellant Vs. HIMANSU SEKHAR SRICHANDAN AND OTHERS — Respondent ( Before : M. R. Shah…