There was no detailed discussion either by the Reference Court or the Appellate Court by taking into account the relevant factors for making a deduction of 60% from the market value of a sale deed which was taken as exemplar—Matter remanded
2019(1) Law Herald (SC) 827 : 2019 LawHerald.Org 717 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr. Justice M.R. Shah Civil Appeal No.1572…
Indian Penal Code, 1860, S.302 and S.120-B-Murder–Circumstantial Evidence—Acquittal—Missing Link evidence–circumstances which emerged and taken note of gives a suspicion in completing the claim of commission of crime beyond doubt—Petitioner held entitled to benefit of doubt-Petitioner acquitted.
2019(1) Law Herald (SC) 821 : 2019 LawHerald.Org 610 IN THE SUPREME COURT OF INDIA Before HonTjel Mr. Justice Ajay Rastogi Hon’bel Mr. Justice K.M. Jospeh Criminal Appeal NO(s). 148…
Insolvency—Withdrawal of Proceedings—Settlement can be entered into any stage and proceedings before NCLT can be withdrawn at any time.
2019(1) Law Herald (SC) 820 : 2018 LawHerald.Org 2133 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon ble Mr. Justice Navin Sinha Petition(s) for…
Territorial .Jurisdiction—Place of Suing—Interpretation of word “portion of the property” in S.17 CPC cannot only be understood in a limited and restrictive sense of being portion of one property situated in jurisdiction of two courts but would include more than one property or properties located at different locations.
2019(1) Law Herald (SC) 804 : 2019 LawHerald.Org 714 IN THE SUPREME COURT OF INDIA Before Honlrie Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1052…
Civil Procedure Code, 1908, S.144–Restitution–Restoration of Possession—There was no decree or order of the Trial court by virtue of which the appellant was given possession of the property, nor did any decree or order mandate that the respondent hand over possession to the appellants—In these circumstances, the provisions of Section 144, CPC were not attracted
2019(1) Law Herald (SC) 801 : 2019 LawHerald.Org 713 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil…
Service Law—Compassionate Appointment—Child from second marriage cannot be excluded from consideration-Circular of Railway Board under which compassionate appointment cannot be granted to the children born out a second marriage of deceased employee held to be unconstitutional.
2019(1) Law Herald (SC) 792 : 2018 LawHerald.Org 2141 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y Chandrachud Hon’ble Mr. Justice M.R. Shah Civil Appeal…
Criminal Procedure Code, 1973, S.439–Bail–Cancellation of–Cheating–FIR against builders for not fulfilling their obligations under agreement to sell entered by them with various prospective buyers–Trial Court cancelling bail order of Respondent No.2 who was a proclaimed offender-High Court set aside the order and restored interim bail granted by Trial Court without assigning any reasons and even without issuing notice to complainants—Impugned order of High Court set aside—Respondent No.2 directed to surrender before Session Judge.
2019(1) Law Herald (SC) 790 : 2019 LawHerald.Org 620 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Crl A. No.…
Eviction—Personal Necessity—If the tenancy is for composite purpose, then the landlord will have a right to seek the tenant’s eviction from the tenanted premises for his residential need or commercial need, as the case may be
2019(1) Law Herald (SC) 785 : 2019 LawHerald.Org 716 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari CIVIL APPEAL Nos.…
Arbitration—Pendent lite interest on award—If the agreement between the parties specifically prohibits grant of interest, the arbitrator cannot award pendente lite interest in such cases
2019(1) Law Herald (SC) 772 : 2019 LawHerald.Org 715 (2019) 2 SCALE 718 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul…
Service Law—Annual Confidential Report—No authority can claim a privilege not to comply with directions of Supreme Court on basis of it being an autonomous body
2019(1) Law Herald (SC) 767 : 2019 LawHerald.Org 712 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…