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 (P&H) 855 (SC) : 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…
Indigent Person—Dismissal of application made under 0.33 R. l 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 0.44 R.l CPC before the Appellate Court.
2019(1) Law Herald (P&H) 850 (SC) : 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…
Protection of Women from Domestic Violence Act, 2005, S.12–Right to Residence-Wife is entitled to claim residence in the shared household only if she establishes domestic violence-In present case, wife failed to establish domestic violence–Not entitled to right to residence.
2019(1) Law Herald (P&H) 849 (SC) : 2019 LawHerald.Org 555 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Petition(s) for…
Dowry Death—Causing disappearance of Evidence—Acquittal—Appellants were acquitted u/ s 304-B IPC but were convicted u/s 201 IPC-Conviction u/s 201IPC could not be made merely on an assumption that the cremation of the body of deceased was not possible without the active connivance of the Appellants—Appellants held entitled to benefit of doubt- Appellants acquitted under 201 IPC also.
2019(2) Law Herald (SC) 1742 : 2019 LawHerald.Org 1021 IN THE SUPREME COURT OF INDIA Before Hon*ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Criminal Appeal No.…
V IMP::: Criminal Intimidation—Mere fact that the accused had abused the complainant does not satisfy the ingredients of S.506 IPC
2019(2) Law Herald (SC) 1731 : 2019 LawHerald.Org 1033 (2019) 2 RCR(Criminal) 961 : (2019) 6 SCALE 794 IN THE SUPREME COURT OF INDIA Before Hon ble Mr. Justice Ashok…
V IMP::: Condonation of Delay in filing appeal—Sufficient Cause– Time spent in the proceedings to set aside the exparte decree constitute “sufficient cause”so as to condone the delay in preferring an appeal against the exparte decree on merits
2019(2) Law Herald (SC) 1724 : 2019 LawHerald.Org 1031 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Civil Appeal No.…
Examination of Witness—Video Conferencing—In a criminal trial, where the witness was found residing/situate outside India and whose evidence was essential for the case set up by the prosecution then evidence of witness can be recorded through video conferencing Examination of Witness—Mere long pendency of trial by itself cannot be a ground for declining an application for examination of material witness
2019(2) Law Herald (SC) 1716 : 2019 LawHerald.Org 1030 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Honble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…
Electronic Evidence—Failure to produce a certificate under Section 65B(4) of the Evidence Act at the stage when the charge-sheet was filed is not a fatal to the prosecution
2019(2) Law Herald (SC) 1706 : 2019 LawHerald.Org 1027 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Criminal Appeal…
Murder—Doubtful presence of Eye witnesses—Injured witness did not depose as to presence of eye witnesses at place of occurrence-Accused acquitted
2019(2) Law Herald (SC) 1702 : 2019 LawHerald.Org 1026 IN THE SUPREME COURT OF INDIA Before Hon’ble Ms. Justice Indira Banerjee Hon’ble Mr. Justice Sanjiv Khanna Criminal Appeal No. 1475…
Dishonour of Cheque—Second Notice—Cause of action for filing complaint commences with first notice
2019(2) Law Herald (SC) 1698 : 2019 LawHerald.Org 1025 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Honble Mr. Justice Hemant Gupta Criminal Appeal…