Accident—Injured aged 10 years suffered disability @70%–Lumpsum compensation amount ofRs. 10 lakhs awarded Accident—Appeal—High Court has to appreciate the evidence and assign reasons for dismissal of the appeal
2019(3) Law Herald (SC) 2006 : 2019 LawHerald.Org 1248 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…
Writ Jurisdiction—A private agreement cannot oust the jurisdiction of a High Court Writ Jurisdiction—Mere existence of alternative remedy does not bar High Court from exercising its Writ Jurisdiction Contract—Conferring Jurisdiction—Parties to contract cannot exclude the jurisdiction of all Courts
2019(3) Law Herald (SC) 1996 : 2019 LawHerald.Org 1247 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Honble Mrs. Justice Indira Banerjee Civil Appeal…
Service Law—Misconduct—Merely because air tickets for govt. employee were booked through Travel Agent by private company for attending its seminar it cannot be said that employee has availed the hospitality of one of tenderers or it is equivalent to borrowing money by the appellant/govt. employee from a private company.
2019(3) Law Herald (SC) 1985 : 2019 LawHerald.Org 1246 IN THE SUPREME COURT OF INDIA Before Hon*ble Mr. Justice Ashok Bhushan Hon ble Mr. Justice Navin Sinha Civil Appeal No.5633…
Civil Procedure Code, 1908, O.21 R. 101-Execution of Decree-Possession was with person other than judgment debtor who was dispossessed—Claim for possession before executing court-Held;Execution of Decree—In an application under O.21 R.89,100 and 101 CPC executing Court has to decide all the issues including the question relating to right, title or interest in property objections for which were raised by third party
2019(3) Law Herald (SC) 1973 : 2019 LawHerald.Org 1245 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice Navin Sinha Civil Appeal No. 5632…
Agreement to Sell—Subsequent Purchaser cannot be impleaded as defendant in the suit for specific performance of contract between buyer (original Plaintiff) and seller (original defendant) to which the subsequent purchaser was not a party and that to against the wish of the buyer (original Plaintiff)
2019(3) Law Herald (SC) 1966 : 2019 LawHerald.Org 1244 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. D.Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Civil Appeal Nos. 5522-5523…
Arbitration—Termination of Mandate—Merely because Tribunal has not fixed its fee as per settled law their mandate is not liable to be dismissed.
2019(3) Law Herald (SC) 1961 : 2019 LawHerald.Org 1243 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mr. Justice Surya Kant Civil Appeal No.…
Exparte Decree-Specific Performance—After execution of sale deed in suit for specific performance exparte decree set aside—Cause of justice does require that as far as possible, adjudication be done on merits
2019(3) Law Herald (SC) 1958 : 2019 LawHerald.Org 1242 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No.4507 of…
Second Appeal—In second appeal, in absence of cross-appeal or cross objections, High Court cannot go beyond the decree passed by Trial Court. Typographical Error—A “Note for speaking to Minutes” is required to be entertained only for the limited purpose of correcting a typographical error or an error through oversight, which may have crept in while transcribing the original order.
2019(1) Law Herald (P&H) 308 (SC) : 2018 LawHerald.Org 2061 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice…
Execution of Decree—It is not within the jurisdiction of the executing court to decide whether the decree was passed in the absence of territorial jurisdiction by the Civil Court—Executing Court cannot go beyond decree.
2019(1) Law Herald (P&H) 324 (SC) : 2019 LawHerald.Org 508 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil…
Accident—Income—Certificate by employer as to salary of injured claimant is a valid proof of income
2019(3) Law Herald (SC) 1952 : 2019 LawHerald.Org 1241 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice Indu Malhotra Hon’ble Mr. Justice M.R. Shah Civil Appeal No.…