Civil Procedure Code, 1908 – Section 25 – Matrimonial Case – Transfer of – Family Court at Thane, Maharashtra, to a Court of competent jurisdiction at Mangalore, Dakshin Kannada District, Karnataka – No objection by Husband – It is needless to observe that both the parties will cooperate with the competent court of jurisdiction at Mangalore for expeditious disposal of the petition.
SUPREME COURT OF INDIA SINGLE BENCH RASHMI ROHAN SHETTY — Appellant Vs. ROHAN RAGHUNATH SHETTY — Respondent ( Before : B.V. Nagarathna, J. ) Transfer Petition(s)(Civil) No. 3044 of 2019…
Pegasus Case – If you want to keep a secret, you must also hide it from yourself – While technology is a useful tool for improving the lives of the people, at the same time, it can also be used to breach that sacred private space of an individual
SUPREME COURT OF INDIA FULL BENCH MANOHAR LAL SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : N.V. Ramana, CJI, Surya Kant and Hima Kohli,…
Criminal Procedure Code, 1973 (CrPC) – – If allegations in the FIR do not constitute a cognizable offence but only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate under Section 155(2) of the Code.
SUPREME COURT OF INDIA DIVISION BENCH MITESH KUMAR J. SHA — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari,…
Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Sections 405, 419 and 420 – Quashing of proceedings – Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction – Proceedings quashed – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH MITESH KUMAR J. SHA — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari,…
Compensation – Claim petition filed by mother in law ‘dependent’ – Maintainability – Mother in law was living with the deceased and his family members – In order to maintain a claim petition, it is sufficient for the claimant to establish his loss of dependency – Section 166 of the MV Act makes it clear that every legal representative who suffers on account of the death of a person in a motor vehicle accident should have a remedy for realization of compensation – Mother in law of deceased is legal representative under Section 166 of MV Act and entitled to maintain the claim petition.
SUPREME COURT OF INDIA DIVISION BENCH N. JAYASREE AND OTHERS — Appellant Vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED — Respondent ( Before : S. Abdul Nazeer and Krishna Murari,…
Rejected the constitutional challenge to the validity of Sections 52 (1)(a), Section 55(b)(1) and Section 56 of the UP Water Supply and Sewerage Act. Appeals allowed HC judgement set aside. Writ petition dismissed. The appellants entitled to recover balance of dues to be recovered per notice of demand, interest at 9 per cent p a.
SUPREME COURT OF INDIA FULL BENCH JALKAL VIBHAG NAGAR NIGAM AND OTHERS — Appellant Vs. PRADESHIYA INDUSTRIAL AND INVESTMENT CORPORATION AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y.…
Appeal under Section 61 IBC – Limitation Period – Litigant has to file its appeal within thirty days, which can be extended up to a period of fifteen days, and no more, upon showing sufficient cause and Limitation period starts from date of pronouncement of order
SUPREME COURT OF INDIA FULL BENCH V NAGARAJAN — Appellant Vs. SKS ISPAT AND POWER LTD AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and…
Murder – Organized crime – High Court quashed charge sheet against accused for KCOCA offences – Appeal against – High Court has completely glossed over the crucial fact that the writ petition was filed only after the sanction was accorded by the competent authority under Section 24(2) and more so cognizance was also taken by the competent Court of the offence of organized crime committed by the members of organized crime syndicate including the writ petitioner
SUPREME COURT OF INDIA FULL BENCH KAVITHA LANKESH — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Dinesh Maheshwari and C.T. Ravikumar, JJ. )…
Procedure adopted by the High Court disposing writ petition by permitting / allowing the original writ applicant to modify its offer and that too in exercise of powers under Article 226 of the Constitution is unsustainable and unknown to law -HELD Once the writ of mandamus was issued, instead of disposing of the writ petition, the High Court ought to have allowed the writ petition – Impugned order passed by the High Court is unsustainable in as such no reasons whatsoever have been assigned by the High Court on merits.
SUPREME COURT OF INDIA DIVISION BENCH VAIBHAVI ENTERPRISE — Appellant Vs. NOBEL CERA COAT AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil Appeal…
Criminal Procedure Code, 1973 (CrPC) – Section 438 – Anticipatory bail – If anyone is declared as an absconder/proclaimed offender in terms of section 82 of Cr.PC, he is not entitled to relief of anticipatory bail.
SUPREME COURT OF INDIA DIVISION BENCH PREM SHANKAR PRASAD — Appellant Vs. THE STATE OF BIHAR AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…