Agreement to Sell—Capacity to Pay—Once the finding is recorded that seller did not perform his part of contract before execution of sale deed then failure on the part of buyer to ‘demonstrate’ that he was having sufficient money with him to pay the balance sale consideration is not of much consequence.
2019(3) Law Herald (SC) 1883 : 2019 LawHerald.Org 1034 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Civil Appeal Nos.…
Criminal Appeal—Not to be decided on merits in absence of appellant or his counsel
2019(3) Law Herald (SC) 1881 : 2019 LawHerald.Org 1235 IN THE SUPREME COURT OF INDIA Before Honble Mrs. Justice R. Banumathi Honble Mr. Justice A.S. Bopanna Criminal Appeal No. 1106…
Service Law-Writ Jurisdiction-Private School–A teacher of a privately managed school, even though financially aided by the State Government or the Board, cannot maintain a writ petition
2019(3) Law Herald (SC) 1880 : 2019 LawHerald.Org 1232 IN THE SUPREME COURT OF INDIA Before Honble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Civil Appeal No(s). 10003…
Arbitrator—Appointment of—Jurisdiction—In domestic arbitration when parties have specifically agreed upon venue of arbitration then High Court under whose jurisdiction said venue falls would have exclusive jurisdiction to exercise the powers under S.ll of the Act
2019(3) Law Herald (SC) 1871 : 2019 LawHerald.Org 1231 IN THE SUPREME COURT OF INDIA Before Honble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Civil Appeal No. 5850…
IMP: Succession—Probate of Will—It is not necessary to seek probate or letter of administration in the NCR of Delhi
2019(3) Law Herald (SC) 1866 : 2019 LawHerald.Org 1230 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Hemant Gupta Civil Appeal No.…
Consumer—Appeal—Even if a particular part of order of the State Commission has not been challenged by the respondents, the National Commission can grant the relief otherwise available on the face of record
2019(3) Law Herald (SC) 1853 : 2019 LawHerald.Org 1228 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No…
Vakaltnama-No written vakalatnama in favour of counsel by one of he parties the represented in appeal—Not a fatal defect where other co-defendants had approved and certified the engagement of said counsel
2019(3) Law Herald (SC) 1849 : 2019 LawHerald.Org 1227 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Fall Naritnan Hon’ble Mr. Justice Sanjiv Khanna Hon’ble Mr. Justice…
Consumer—When a Board/Department of State undertakes a activity in discharge of its statutory function, it does not after its “services” and fee paid by user is not the consideration for availing of any service
2019(3) Law Herald (SC) 1843 : 2019 LawHerald.Org 1226 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. D.Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Civil Appeal No(s).…
Execution of Decree—Doctrine of Merger—Once the Appellate Court renders its judgment, it is the decree of the Appellate Court which becomes executable—Hence, the entitlement of the decree holder to execute the decree of the Appellate Court cannot be defeated
2019(3) Law Herald (SC) 1834 : 2019 LawHerald.Org 1225 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mrs. Justice Indira Banerjee Civil Appeal…
Service Law–Promotion-Annual Performance Appraised Report-All entries in the APARs are required to be communicated—Non-communication of the entries in ACRs is a matter of prejudice.
2019(3) Law Herald (SC) 1830 : 2019 LawHerald.Org 1224 IN THE SUPREME COURT OF INDIA Before Honble Dr. Justice D.Y. Chandrachud Honble Ms. Justice Indira Banerjee Civil Appeal Nos 5340-5341…