Specific Relief Act, 1963 – Section 41(f) – Injunction – Section 41(f) of the 1963 Act clearly mandates that an injunction cannot be granted to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance.
SUPREME COURT OF INDIA DIVISION BENCH RATNAGIRI NAGAR PARISHAD — Appellant Vs. GANGARAM NARAYAN AMBEKAR AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. )…
Specific Relief Act, 1963 – Section 34 – Civil Procedure Code, 1908 (CPC) – Order 23 Rule 3A – Transfer of Property Act, 1882 – Section 52 – Bar to suit – Compromise decree – Merely because the appellant was not party to the compromise decree in the facts of the present case, will be of no avail to the appellant, much less give him a cause of action to question the validity of the compromise decree passed by the High Court by way of a substantive suit before the civil Court to declare it as fraudulent, illegal and not binding on him
SUPREME COURT OF INDIA DIVISION BENCH TRILOKI NATH SINGH — Appellant Vs. ANIRUDH SINGH(D) THR. LRS AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Ajay Rastogi, JJ. )…
Contempt of Courts Act, 1971 – Sections 12 and 14 – Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975 – Rule 3 – Suit for permanent injunction, possession and for recovery of rent and damages/mesne profits till the recovery of possession – This Court find force in the explanation offered by the respondent that as per its bona fide understanding, there was no outstanding dues payable to the petitioner – Moreover, as observed by the High Court, these aspects could be answered by the executing Court if the parties pursue their claim(s) before it in that regard
SUPREME COURT OF INDIA DIVISION BENCH HUKUM CHAND DESWAL — Appellant Vs. SATISH RAJ DESWAL — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Contempt Petition…
Andhra Pradesh Value Added Tax Act, 2005 – Section 31 – Constitution of India, 1950 – Article 226 – Assessment order – It is well settled that rejection of delay application by the appellate forum does not entail in merger of the assessment order with that order – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH ASSISTANT COMMISSIONER (CT) LTU, KAKINADA AND OTHERS — Appellant Vs. M/S. GLAXO SMITH KLINE CONSUMER HEALTH CARE LIMITED — Respondent ( Before :…
Electricity Act, 2003 – Section 125 – Electricity Supply Act, 1948 – Section 43(A) – Determination of tariff for sale of electricity by the generating company to the Electricity Boards – Agreement between the parties was that interest on the sum of Rs. 53.90 crores was payable for the specified period 01.07.2003 to 31.12.2009 -Therefore, CLP’s claim that any amount was payable, for any period prior to 01.07.2003, was not tenable
SUPREME COURT OF INDIA FULL BENCH CLP INDIA PRIVATE LIMITED — Appellant Vs. GUJARAT URJA VIKAS NIGAM LTD AND ANOTHER — Respondent ( Before : Arun Mishra, Vineet Saran and…
Penal Code, 1860 (IPC) – Sections 147, 148, 149, 300, 304, 304 Part I, 323, 307, 326 and 302 – Criminal Procedure Code, 1973 (CrPC) – Section 377(3) – Murder – Restoration of conviction – As the death of deceased was caused by the act of accused No. 5 giving one fatal blow on the head, which was with the intention of causing his death or causing such bodily injury as is likely to cause death, the case would be covered by Section 304 Part I, IPC. This Court disapprove that approach of the High Court – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. MEHRAM AND OTHERS — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Criminal Appeal…
Constitution of India, 1950 – Articles 142 and 226 – Service Law – Recruitment – BSSC is directed to evaluate and publish the results afresh, in the light of the recommendations and report of the experts (constituted by this court) subject to care being taken by the BSSC and the Govt. of Bihar, not to disturb appointments made previously pursuant to the directions of the single judge
SUPREME COURT OF INDIA DIVISION BENCH BIHAR STAFF SELECTION COMMISSION AND OTHERS — Appellant Vs. ARUN KUMAR AND OTHERS — Respondent ( Before : Rohinton Fali Nariman and S.…
Accused Can Challenge Conviction In Appeal Filed By The State Even If He Did Not Prefer A Formal Appeal: SC HELD The accused No. 5 (Mehram S/o Chhagna Ram) is justified in contending that it is open to the said accused to challenge the finding and order of conviction under Section 326/148, IPC recorded against him in the appeal filed by the State, assailing the impugned judgment of the High Court.
Accused Can Challenge Conviction In Appeal Filed By The State Even If He Did Not Prefer A Formal Appeal: SC [Read Judgment] LIVELAW NEWS NETWORK 7 May 2020 11:09 AM…
Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC HELD Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC HELD Rule 3A of Order 23 CPC put a specific bar that no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful. D/ MAY 06, 2020
Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC [Read Judgment] Ashok Kini 6 May 2020 5:54 PM The Supreme Court…
SC Extends Limitation Under Arbitration Act & Sec 138 Of Negotiable Instruments Act With Effect From March 15
SC Extends Limitation Under Arbitration Act & Sec 138 Of Negotiable Instruments Act With Effect From March 15 [Read Order] Sanya Talwar 6 May 2020 3:29 PM The Supreme Court…