Undue Influence—Merely because the parties are related to each other or merely because the executant was old or of weak character, no presumption of undue influence can arise Redemption of Mortgage—High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of CPC—Impugned order set aside– Muslim Law—Oral Gift—Conditions for making valid oral gift under the Mohammedan law are:- (i) there should be wish or intention on the part of the donor to gift; (ii) acceptance by the donee; and (iii) taking possession of the subject matter of the gift by the donee.
2019(1) Law Herald (SC) 147 : 2018 LawHerald.Org 2053 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 1007…
Right to Dignity—Death Row Prisoner is entitled to have interview with his family and friends; to have discussions with his lawyer and meeting mental health professionals.
2019(1) Law Herald (SC) 142 : 2018 LawHerald.Org 2052 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr.…
Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.
2019(1) Law Herald (SC) 134 : 2018 LawHerald.Org 2049 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. Ill…
Contempt—Willful Disobedience—Contempt jurisdiction cannot be invoked on the basis of impressions, in absence of specific directions or orders.
2019(1) Law Herald (SC) 126 : 2019 LawHerald.Org 504 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Hemant Gupta Contempt Petition (C) No.…
Framing of Charge—Complainant sustained injuries on the nose and fracture of the nasal bone was found—Held; that the case may fall within the grievous hurt, hut it cannot be said that even, prima facie, a case is made out for the offence under Section 307 of the IPC
2019(1) Law Herald (SC) 124 : 2019 LawHerald.Org 502 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice D. Y. Chandrachud Hon’ble Mr. Justice M. R. Shah Criminal Appeal…
Attempt to Murder—Compromise between Parties—Despite any settlement between the complainant and the accused, the criminal proceedings under Section 307 IPC cannot be quashed, as the offence is a non-compoundable offence
2019(1) Law Herald (SC) 105 : 2019 LawHerald.Org 503 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice D. Y. Chandrachud Hon’ble Mr. Justice M. R. Shah Criminal Appeal…
Service Law—Re-employment—Regularization of any employee already in service does not give any right to retrenched employee for claiming re-employment in the services
2019(1) Law Herald (SC) 102 : 2019 LawHerald.Org 501 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…
Ownership—Documents like several permissions of the municipality and tax receipts might imply possession but they cannot be relied to confer title of immovable property upon the holder of such documents
2019(1) Law Herald (SC) 89 : 2018 LawHerald.Org 1962 IN THE SUPREME COURT OF INDIA Before Hon ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil…
Dishonour of Cheque—Death of Complainant—Legal heir of a person aggrieved is competent to continue a criminal complaint
2018(4) Law Herald (P&H) 2793 (SC) : 2018 LawHerald.Org 1599 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice RanjanGogoi Hon’ble Mr. Justice NavinSinha Hon’ble Mr. Justice K.M. Joseph…
Accident—Personal Expenses—Where the family of the bachelor is large and dependent on the income of the deceased, his personal and living expenses maybe restricted to one-third, as contribution to the family will be taken as two-third. Accident—Just Compensation—More than claimed—Court is duty bound and entitled to award “just compensation”, irrespective of whether any plea in that behalf was raised by the claimant or not. Accident—Filial Consortium—It is the right of the parents to compensation in the case of an accidental death of a child—An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. Accident—Interest on Compensation—Deceased was aged 24 years and his income assessed as that of unskilled worker—Compensation awarded with 12% interest p.a. from date of filing claim petition.
2018(4) Law Herald (P&H) 2786 (SC) : 2018 LawHerald.Org 1582 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mrs. Justice InduMalhotra C/V/7 AppeaJ No.…