RAFALE CASE — Official Secrets Act, 1923 – Sections 3, 5 and 5(1) – Right to Information Act 2005 – Section 8(1)(a) and 8(2) – Evidence Act, 1872 – Section 123 – Rafale case – Publication of documents – There is no provision in the Official Secrets Act and no such provision in any other statute has been brought to our notice by which Parliament has vested any power in the executive arm of the government either to restrain publication of documents marked as secret or from placing such documents before a Court of Law which may have been called upon to adjudicate a legal issue concerning the parties
SUPREME COURT OF INDIA DIVISION BENCH YASHWANT SINHA AND OTHERS — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIECTOR AND ANOTHER — Respondent ( Before : Ranjan Gogoi and…
Benami Transactions (Prohibition of Right to Recover Property) Ordinance, 1988 – Section 2 – Financial assistance to buy a property cannot be the sole determinative factor/circumstance to hold the transaction as benami in nature.
SUPREME COURT OF INDIA DIVISION BENCH SMT. P. LEELAVATHI (D) BY LRS — Appellant Vs. V. SHANKARNARAYANA RAO (D) BY LRS — Respondent ( Before : L. Nageswara Rao and…
The question is whether in case the deceased is a bachelor, a different principle for calculation of the multiplier should be applied by shifting the focus to the age of the claimants? This Court view that the answer to this question should be in the negative. This Court convinced that there is no need to once again take up this issue settled by the aforesaid judgments of three Judge Bench and also relying upon the Constitution Bench that it is the age of the deceased which has to be taken into account and not the age of the dependents.
SUPREME COURT OF INDIA FULL BENCH M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD — Appellant Vs. MANDALA YADAGARI GOUD AND OTHER — Respondent ( Before : S.A. Bobde, Sanjay Kishan…
Negotiable Instruments Act, 1881 (NI) – Section 138–Court cannot insist on a person to lead negative evidence. The observation of the High Court that trial court’s finding that the complainant failed to prove his financial capacity of lending money is perverse cannot be supported.–We are, thus, satisfied that accused has raised a probable defence and the findings of the trial court that complainant failed to prove his financial capacity are based on evidence led by the defence. Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH BASALINGAPPA — Appellant Vs. MUDIBASAPPA — Respondent ( Before : Ashok Bhushan and K.M. Joseph, JJ. ) Criminal Appeal No. 636 of 2019 (Arising…
Auction Sale—Lease hold property or Free hold property—While interpreting the Sale Deed, the auction notice has to be looked into to find out the nature of transaction—Sale Deed cannot be read divorced to the auction notice or contrary to auction notice Unearned Increase—When the auction was made on the market value of the property, then there was no question of claiming of unearned increase by the development authority
2019(1) Law Herald (SC) 845 : 2019 LawHerald.Org 722 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1533…
“……that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498A of the Indian Penal Code.”
SUPREME COURT OF INDIA FULL BENCH RUPALI DEVI — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Ranjan Gogoi, CJI, L. Nageswara Rao and Sanjay…
Appeal—Dismissal in Default—Against an order of refusal readmitting the appeal which was dismissed in default appeal lies under O.43 R.l(t) of CPC—Writ petition under Art.227 is not maintainable against such orders
2019(1) Law Herald (SC) 860 : 2019 LawHerald.Org 721 IN THE SUPREME COURT OF INDIA Before Hon ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal…
Condonation of Delay—Inordinate delay in filing of appeal by government department having well established legal cell cannot be condoned on ground that their lawyer did not took timely steps
2019(1) Law Herald (SC) 832 : 2019 LawHerald.Org 719 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal Nos.…
Industrial Disputes Act, 1947, S. 17-B-Termination of Service–Non recovery of excess amount paid to employee–If the Court/Tribunal, eventually upholds the termination order as being legal against the workman, yet the employer will have no right to recover the amount already paid by him to the delinquent workman pursuant to order passed under Section 17-B of the ID Act during pendency of these proceedings
2019(1) Law Herald (SC) 829 : 2019 LawHerald.Org 718 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal Nos.…
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…