Marriage–Nullity of–A Christian married to a Hindu in a temple and subsequently marriage was registered under Section 8 of Hindu Marriage Act–Marriage was a nullity and its registration could not validate the same. Marriage–Conditions for–Usage of expression “may” in the opening line of Section 5 of Hindu Marriage Act does not make the provision optional.
2009(1) LAW HERALD (SC) 68 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Aftab Alam Civil Appeal No. 2446 of 2005…
Dishonour of Cheque–Breach of trust–Loan advanced by appellant to respondent–Respondent issued cheques–Loan amount not repaid and cheques presented got bounced–Complaint under Section 138 by appellant against respondent pending–Respondent does not dispute issuance of cheques–Ingredients of section 406 IPC not made out against appellant.
2009(1) LAW HERALD (SC) 64 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No.1966 Of…
Dishonor of Cheque–Complaint filed by Govt. Company being represented by public servant–Defacto complainant a public servant–No need to examine complainant under Section 200 Cr.P.C.–Section 200 Proviso (a) will apply.
2009(1) LAW HERALD (SC) 58 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 1802 of 2008…
Acquittal by High Court–Order of High Court utterly confusing and based on surmises and conjectures–Matter remitted to High Court for fresh hearing.
2009(1) LAW HERALD (SC) 52 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice Aftab…
Landlord and Tenant–Eviction–Provisional Rent-Arrears of Rent-It is mandatory to assess the provisional rent and without determination of rent no decree of eviction on the ground of arrears of rent can be passed–Rajasthan Premises (Control of Rent and Eviction) Act, 1950, S. 13.
2018(4) Law Herald (SC) 3300 : 2018 LawHerald.org 1793 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…
Civil Procedure Code, 1908, O.39 R.I & R.2 and O.41 R.23–Injunction- Temporary Injunction—Rejection of stay application—Remand of Case- Held; No adequate reason is given in the impugned order for not granting stay; and secondly, the reason given does not in itself justify the rejection having regard to the nature of controversy involved in the writ petition- Case remanded to be decided afresh.
2018(4) Law Herald (SC) 3298 : 2018 LawHerald.org 1792 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Civil…
Arbitration Agreement—Arbitration clause has to be interpreted strictly– the insurance company has completely denied their liability and repudiated the claim of respondents—Therefore, making the arbitration clause ineffective and incapable of being enforced—Reference to arbitration cannot be made—Directed accordingly.
2018(4) Law Herald (SC) 3288 : 2018 LawHerald.org 1791 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…
Agreement to Sell—Specific Performance—Where the factum of execution of the suit agreement in itself is doubted, no relief can be granted to plaintiff–The defendants have denied having signed any such agreement—No attempt was made by the appellant/plaintiff to confront the defendants and discharge the burden by examining any handwriting expert—The co-owner of the property was neither joined as party in the suit agreement, nor was his authority for execution of such agreement forthcoming—No proof was forthcoming regarding payment of earnest money
2018(4) Law Herald (SC) 3277 : 2018 LawHerald.org 1790 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…
Limitation—Bar of Limitation—In order to decide the question of limitation as to whether the suit is filed within time or not, the Court is mainly required to see the plaint allegations and how the plaintiff has pleaded the accrual of cause of action for filing the suit.
2018(4) Law Herald (SC) 3273 : 2018 LawHerald.org 1789 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal…
Civil Procedure Code, 1908, O.41 R.23—Remand of Case—Suit was based on legality of compromise entered between the parties—Matter was remanded back to be decided afresh on merits-Held; This implied that the question of consideration of compromise petition was required to be decided first- -It is for the simple reason that if the compromise was held to be legal and proper, there was no need to decide the second appeal on merits—In other words, the need to decide the second appeal on merits would have arisen only if the compromise would have been held illegal and not binding on the parties concerned—Matter remanded again to be decided afresh accordingly.
2018(4) Law Herald (SC) 3269 : 2018 LawHerald.org 1788 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal…