High Court dismissed the revision by observing that even though Session Court and High Court have concurrent revisionary jurisdiction but there was no special circumstance to bypass the forum of Session Judge—Appeal against this order—Held; keeping in view the matter is already pending for 16 years impugned order of High Court set aside-High Court to hear the revision on merits-Question of law left open
2019(1) Law Herald (SC) 637 : 2019 LawHerald.Org 614 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice N.V. Ramana Criminal Appeal No.…
Insurance—Where due to deficiency in service, the complainant has suffered loss of benefits of an escalation in his investment value than mere direction for refund of payment along with interest will not provide sufficient redressal of his grievance—Heavy Compensation amount over and above such amount should be awarded
2019(1) Law Herald (SC) 633 : 2019 LawHerald.Org 6O9 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hetnant Gupta Civil Appeal…
Agreement to Sell—Concurrent findings of fact—The issue of readiness and willingness is the most important issue for considering the grant of specific performance of the contract and the same having been held (in favour or against the plaintiff) by the Courts below on appreciation of evidence; is binding even on Supreme Court
2019(1) Law Herald (SC) 630 : 2019 LawHerald.Org 608 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…
Second Appeal—Casual approach of the High Court in disposing of the second appeal which does not decide or deals with any issue(s) arising in the case, cannot be countenanced—Case remanded back to be decided afresh
2019(1) Law Herald (SC) 627 : 2019 LawHerald.Org 607 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abahy Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…
Indigent Person—Dismissal of application made under O.33 R.I CPC by the Trial Court in the earlier round of litigation is not a bar against the plaintiff to file an application/appeal as an indigent person under O.44 R.I CPC before the Appellate Court.
2019(1) Law Herald (SC) 621 : 2019 LawHerald.Org 606 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.ll7of2019…
Service Law—Appointment—Once there was sanction for the subject in a school, the department cannot deny the sanction of a post of teacher
2019(1) Law Herald (SC) 620 : 2018 LawHerald.Org 2140 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Hemant Gupta Civil Appeal No(S). 11331…
Indian Penal Code, 1860, S.354 and S.448–Outraging modesty of woman-Reduction in Sentence—Compounding of Offence—House Trespass-Incident is about 10 years old-Submission by complainant that with passage of time, the grudges amongst each other have vanished away and have taken a shape of friendship-Sentence reduced to period already undergone which was more than minimum prescribed sentence-Criminal Procedure Code, 1973, S.320
2019(1) Law Herald (SC) 618 : 2018 LawHerald.Org 2138 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No(s). 1415…
Death by Negligence—Collapse of building due to high magnitude of earthquake—Loss of many lives—No offence u/s 304-A IPC is made out.
2019(1) Law Herald (SC) 609 : 2018 LawHerald.Org 2137 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K Sikri Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal No(s).1389 of…
Service Law–Disability–Judicial Officer-Prescription of disability to the extent of 40% -50% for recruitment for the post of Civil Judge (Junior Division) is valid and it does not contravene any of the provisions of the Act, 1995 or any other statutory provision—Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
2019(1) Law Herald (SC) 351 : 2019 LawHerald.Org 547 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No, 83…
Arbitration—Objections—Condonation of Delay—Delay beyond prescribed period of three months and further period of 30 days on satisfaction of court from date of passing award cannot be condoned. Arbitration—Objections—Limitation—Section 14 of Limitation Act is applicable to an application under S.34 of 1996 Act.
2019(1) Law Herald (SC) 17 : 2018 LawHerald.Org 1955 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mr. Justice Vineet Saran Civil Appeal No.…