Auction Sale—Lease hold property or Free hold property—While interpreting the Sale Deed, the auction notice has to be looked into to find out the nature of transaction—Sale Deed cannot be read divorced to the auction notice or contrary to auction notice Unearned Increase—When the auction was made on the market value of the property, then there was no question of claiming of unearned increase by the development authority
2019(1) Law Herald (SC) 845 : 2019 LawHerald.Org 722 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1533…
“……that the courts at the place where the wife takes shelter after leaving or driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, dependent on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498A of the Indian Penal Code.”
SUPREME COURT OF INDIA FULL BENCH RUPALI DEVI — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Ranjan Gogoi, CJI, L. Nageswara Rao and Sanjay…
Appeal—Dismissal in Default—Against an order of refusal readmitting the appeal which was dismissed in default appeal lies under O.43 R.l(t) of CPC—Writ petition under Art.227 is not maintainable against such orders
2019(1) Law Herald (SC) 860 : 2019 LawHerald.Org 721 IN THE SUPREME COURT OF INDIA Before Hon ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal…
Condonation of Delay—Inordinate delay in filing of appeal by government department having well established legal cell cannot be condoned on ground that their lawyer did not took timely steps
2019(1) Law Herald (SC) 832 : 2019 LawHerald.Org 719 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal Nos.…
Industrial Disputes Act, 1947, S. 17-B-Termination of Service–Non recovery of excess amount paid to employee–If the Court/Tribunal, eventually upholds the termination order as being legal against the workman, yet the employer will have no right to recover the amount already paid by him to the delinquent workman pursuant to order passed under Section 17-B of the ID Act during pendency of these proceedings
2019(1) Law Herald (SC) 829 : 2019 LawHerald.Org 718 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal Nos.…
There was no detailed discussion either by the Reference Court or the Appellate Court by taking into account the relevant factors for making a deduction of 60% from the market value of a sale deed which was taken as exemplar—Matter remanded
2019(1) Law Herald (SC) 827 : 2019 LawHerald.Org 717 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageshwara Rao Hon’ble Mr. Justice M.R. Shah Civil Appeal No.1572…
Indian Penal Code, 1860, S.302 and S.120-B-Murder–Circumstantial Evidence—Acquittal—Missing Link evidence–circumstances which emerged and taken note of gives a suspicion in completing the claim of commission of crime beyond doubt—Petitioner held entitled to benefit of doubt-Petitioner acquitted.
2019(1) Law Herald (SC) 821 : 2019 LawHerald.Org 610 IN THE SUPREME COURT OF INDIA Before HonTjel Mr. Justice Ajay Rastogi Hon’bel Mr. Justice K.M. Jospeh Criminal Appeal NO(s). 148…
Insolvency—Withdrawal of Proceedings—Settlement can be entered into any stage and proceedings before NCLT can be withdrawn at any time.
2019(1) Law Herald (SC) 820 : 2018 LawHerald.Org 2133 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon ble Mr. Justice Navin Sinha Petition(s) for…
Territorial .Jurisdiction—Place of Suing—Interpretation of word “portion of the property” in S.17 CPC cannot only be understood in a limited and restrictive sense of being portion of one property situated in jurisdiction of two courts but would include more than one property or properties located at different locations.
2019(1) Law Herald (SC) 804 : 2019 LawHerald.Org 714 IN THE SUPREME COURT OF INDIA Before Honlrie Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No. 1052…
Civil Procedure Code, 1908, S.144–Restitution–Restoration of Possession—There was no decree or order of the Trial court by virtue of which the appellant was given possession of the property, nor did any decree or order mandate that the respondent hand over possession to the appellants—In these circumstances, the provisions of Section 144, CPC were not attracted
2019(1) Law Herald (SC) 801 : 2019 LawHerald.Org 713 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil…








