Dishonour of Cheque—Offence by Company—Quashing—Role of a Director in a company is ultimately a question of fact—High Court must exercise its power under S. 482, Cr.P.C. when it is convinced, from the material on record, that allowing the proceedings to continue would be an abuse of process of the Court
2019(2) Law Herald (SC) 939 : 2019 LawHerald.Org 731 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Ms. Justice…
Bail—Default Bail—Extension of Time—The infirmities in the form of report of Public Prosecutor would not entitle the respondents to the benefit of a default bail when in substance there has been an application of mind by public prosecutor
2019(2) Law Herald (SC) 903 : 2019 LawHerald.Org 727 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogol, CJI Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr.…
Execution of Decree—Protection of Possession—Appellants, even though they are strangers to the decree, are entitled to get their claim to remain in possession of the property independent of the decree, adjudicated in course of execution proceedings and not by a separate suit Resjudicata—Failure of the parties to raise a matter, which “might and ought” to have been made in a former suit, cannot be raised in a latter suit
2019(2) Law Herald (SC) 884 : 2019 LawHerald.Org 726 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…
Second Appeal—Scope of—While deciding the second appeal, it is not permissible for the High Court to re-appreciate the evidence on record and interfere with the findings recorded by the Courts below and/or the First Appellate Court and if the First Appellate Court has exercised its discretion in a judicial manner Second Appeal—Jurisdiction of the High Court to entertain the second appeal under Section 100 CPC is confined only to such appeals which involve a substantial question of law
2019(1) Law Herald (SC) 835 : 2019 LawHerald.Org 720 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr. Justice M.R. Shah Civil Appeal No.…
CJI :: SEXUAL HARASSMENT ALLEGATIONS – ORDER OF COURT – It is not only mischievous but a complete afterthought of her to make these false allegations at this time
SUPREME COURT OF INDIA DIVISION BENCH IN RE: MATTER OF GREAT PUBLIC IMPORTANCE TOUCHING UPON THE INDEPENDENCE OF JUDICIARY – MENTIONED BY SHRI TUSHAR MEHTA, SOLICITOR GENERAL OF INDIA (…
The S C O I has upheld the judgment of the NCDRC against Jaiprakash Associate Limited (JAL) on the issue of maintainability of consumer complaints before NCDRC. It validates the maintainability of consumer claims of homebuyers against Jaypee for refunds and damages on account of delayed possession.
1 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).11320-11329 OF 2018 JAIPRAKASH ASSOCIATE LTD. APPELLANT(S) VERSUS GAURAV GOYAL & ANR.…
Arbitration Agreement—Clause in agreement for pre-deposit of certain amount before invoking arbitration clause held to be unconstitutional
2019(2) Law Herald (SC) 873 : 2019 LawHerald.Org 725 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mr. Justice Vineet Saran Civil Appeal No. 2713…
Service Law—Dismissal from Service—Absence without leave-Unauthorized absence of 302 days by a member of the Armed Force without any effort to apply for extension of his leave-Punishment of dismissal from service cannot be held to be harsh and disproportionate merely on the ground that the respondent had put in twelve years of service.
2019(2) Law Herald (SC) 870 : 2019 LawHerald.Org 723 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…
Sentence—It is mandatory for the Magistrate to specify as to whether the sentence would run concurrently or consecutively
2019(2) Law Herald (SC) 867 : 2019 LawHerald.Org 728 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…
Theft of Electricity—Quashing—FIR can be quashed only after following procedure under S. 152 of the Act and not merely on compromise between the partiesTheft of Electricity—Quashing—FIR can be quashed only after following procedure under S. 152 of the Act and not merely on compromise between the parties
2019(2) Law Herald (SC) 865 : 2019 LawHerald.Org 724 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal Nos.469-470…