Non Payment Of Debt After Issuance Of Recovery Certificate Not A ‘Continuing Wrong’ : SC
Non Payment Of Debt After Issuance Of Recovery Certificate Not A ‘Continuing Wrong’ : SC REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11020 OF…
Limitation Act is applicable to applications filed under Sections 7 and 9 of the (IBC) Code from the inception of the Code, Article 137 of the Limitation Act gets attracted. “The right to sue”, therefore, accrues when a default occurs.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.23988 OF 2017 B.K. EDUCATIONAL SERVICES PRIVATE LIMITED …APPELLANT VERSUS PARAG GUPTA AND ASSOCIATES …RESPONDENTS WITH CIVIL APPEAL…
Appointment of arbitrator – Appellant’s own default in sleeping over his right for 14 years will not constitute a case of ‘undue hardship’ justifying extension of time under Section 43(3) of the 1996 Act or show ‘sufficient cause’ for condonation of delay under Section 5 of the Limitation Act . Held High Court’s observation that the entire dispute seems concocted so as to pursue a monetary claim against the respondents approved.
SUPREME COURT OF INDIA FULL BENCH M/S GEO MILLER & CO. PVT. LTD. — Appellant Vs. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD. — Respondent ( Before : N.V. Ramana, Mohan…
In the instant case, none of the circumstances relied upon by the prosecution have been proved beyond reasonable doubt, and there is no question of a complete chain of circumstances being formed that would point towards the guilt of the accused. In Court’s considered opinion, the benefit of doubt should therefore be granted in their favour – The Courts below erred in convicting Accused Nos. 1 and 2 for the offences of the abduction and murder of the deceased – Appeal allowed.
SUPREME COURT OF INDIA FULL BENCH UMESH TUKARAM PADWAL AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay…
Unlawful assembly and rioting with deadly weapons – Common object – The important ingredients of an unlawful assembly are the number of persons forming it i.e., five; and their common object. Common object of the persons composing that assembly could be formed on the spur of the moment and does not require prior deliberations – Course of conduct adopted by the members of such assembly; their behaviour before, during, and after the incident; and the arms carried by them are a few basic and relevant factors to determine the common object.
SUPREME COURT OF INDIA DIVISION BENCH MANJIT SINGH — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari, JJ. ) Criminal Appeal No.…
The version, as projected in the declaration, is clinchingly proved by this circumstance that kerosene was indeed the fuel used which caused the burn injuries and its position in the inner room is entire compatible with the dying declaration – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH JAGBIR SINGH — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Criminal Appeal…
High Court has erred in quashing and setting aside the acquisition proceedings on the ground that the same have lapsed as the award was not declared within a period of two years from the date of declaration under Section 6 of the Act – High Court has committed a grave error in not excluding the period of interim stay granted by it in writ petition – Even grant of interim stay of possession would also save lapsing of the acquisition – Appeal allowed.
SUPREME COURT OF INDIA FULL BENCH THE STATE OF MAHARASHTRA AND OTHERS — Appellant Vs. M/S MOTI RATAN ESTATE AND ANOTHER — Respondent ( Before : Arun Mishra, M.R. Shah…
Weights and Measures Act, 1976 – Sections 12 and 30 – Short delivery of petrol and diesel – Section 153 of the Indian Penal Code has been made inapplicable under the Act as power of search and seizure is vested with the designated authorities under the Act. Therefore, the entire Code is inapplicable in respect of the prosecution under the Act that the police cannot enter any place for the purpose.
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH — Appellant Vs. AMAN MITTAL AND ANOTHER — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…
Accident—Registered Owner—Merely because the vehicle was transferred does not mean that such registered owner stands absolved of his liability to a third person.
2019(1) Law Herald (P&H) 304 (SC) : 2018 LawHerald.Org 2059 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud…
Eviction—Bonafide Requirement—Merely because son of the landlord was involved in business during pendency of eviction petition, bonafide need for the son cannot be doubted
2019(1) Law Herald (P&H) 298 (SC) : 2018 LawHerald.Org 2057 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No.…