Supreme Court of India Judgements

Civil Procedure Code, 1908, S. 11–Res judicata–“When the earlier decision declares valid a transaction which is prohibited by law” it does not operate as res judicata–Res judicata will not operate as a bar for entertaining a fresh cause of action

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 787 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice A.K. Patnaik Civil Appeal No. 3038 of 2007…

State Laws

Courts below held that the petitioners had knowledge of the concession made in favour of C and negated their contention that they were not aware of the same till they signed the compromise petition before this Court in another appeal–Order, upheld–No reason to interfere with the judgment and order of the High Court impugned in these proceedings-

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 781 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Special Leave Petition (Civil) No. 6286…

Consumer

Medical Negligence–As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence.

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 763 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No.1385 of 2001…

Matrimonial

Hindu Marriage Act, 1955, S. 13–Divorce–Mental Cruelty–To establish cruelty it is not necessary that physical violence should be used-However continued ill-treatment cessation of marital intercourse, studied neglect, indifference of one spouse to the other may lead to an inference of cruelty.

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 756 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 5387 of…

C P C

Fraudulent decree–A fraud puts an end to everything–Settled position that such decree is nothing, but a nullity.

Dec 25, 2018 sclaw

2010(2) LAW HERALD (SC) 751 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 1881 of…

I P C

Murder—Single blow—One injury was caused to the deceased by farsi blow on the head which indicates that the appellant has not taken undue advantage of the deceased—Conviction u/s 302IPC modified to be u/s 304 Part-IIPC

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 3070 : 2018 LawHerald.org 1787 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No.…

Service

Service Law—Annual Confidential Report—Uncommunicated adverse ACRs cannot be relied upon for the purpose of consideration of promotion.

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 3069 : 2018 LawHerald.org 1780 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul Civil Appeal No.…

Corporate

Advocates—For holding election of a member of Bar Council of India to be elected by State Bar Council, notice and agenda for the same has to be issued by the Secretary of the State Bar Council

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 3054 : 2018 LawHerald.org 1779 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal Nos. 8172,8173…

Corporate

SARFAESI—Borrower/debtor can approach the Debts Recovery Tribunal under section 17 of the Act at the stage of the possession notice referred to in rule 8(1) and 8(2) of the 2002 Rules—Borrower need not to wait unless he loses actual (physical) possession of the secured assets.

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 3020 : 2018 LawHerald.org 1778 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mr. Justice Navin Sinha Civil Appeal No. 10873…

C P C

Revision—Scope of—An erroneous decision on a question of law reached by the subordinate court which has no relation to questions of jurisdiction of that court cannot be corrected by the High Court under Section 115 CPC.

Dec 23, 2018 sclaw

2018(4) Law Herald (SC) 3006 : 2018 LawHerald.org 1777 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal No. 10853…

Supreme Court of India Judgements

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Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Appointment secured on merit cannot be invalidated for an unintentional category error in a qualifying certificate if no undue advantage accrued therefrom.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Civil Procedure Code, 1908, S. 11–Res judicata–“When the earlier decision declares valid a transaction which is prohibited by law” it does not operate as res judicata–Res judicata will not operate as a bar for entertaining a fresh cause of action

Medical Negligence–As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence.

Hindu Marriage Act, 1955, S. 13–Divorce–Mental Cruelty–To establish cruelty it is not necessary that physical violence should be used-However continued ill-treatment cessation of marital intercourse, studied neglect, indifference of one spouse to the other may lead to an inference of cruelty.

Fraudulent decree–A fraud puts an end to everything–Settled position that such decree is nothing, but a nullity.

Murder—Single blow—One injury was caused to the deceased by farsi blow on the head which indicates that the appellant has not taken undue advantage of the deceased—Conviction u/s 302IPC modified to be u/s 304 Part-IIPC

Service Law—Annual Confidential Report—Uncommunicated adverse ACRs cannot be relied upon for the purpose of consideration of promotion.

Advocates—For holding election of a member of Bar Council of India to be elected by State Bar Council, notice and agenda for the same has to be issued by the Secretary of the State Bar Council

SARFAESI—Borrower/debtor can approach the Debts Recovery Tribunal under section 17 of the Act at the stage of the possession notice referred to in rule 8(1) and 8(2) of the 2002 Rules—Borrower need not to wait unless he loses actual (physical) possession of the secured assets.

Revision—Scope of—An erroneous decision on a question of law reached by the subordinate court which has no relation to questions of jurisdiction of that court cannot be corrected by the High Court under Section 115 CPC.

You missed

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Supreme Court of India Judgements