Specific Performance—Contract to Build—Suit by builder against the owner of premises for specific performance of a development agreement is maintainable
2018(4) Law Herald (SC) 2642 : 2018 LawHerald.Org 1621 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A M Khanwilkar Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Civil…
Pleadings—A litigant can take different stands at different times but cannot take contradictory stands in the same case
2018(4) Law Herald (SC) 2637 : 2018 LawHerald.Org 1620 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Hon’ble Mr. Justice…
Corruption—Criminal Conspiracy—Accused and Co-accused were acquitted under S.120-B IPC—Co-accused was also acquitted under Corruption Act—Accused also entitled for his clean acquittal under Corruption Act.
2018(4) Law Herald (SC) 2629 : 2018 LawHerald.Org 1617 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Honble Mr. Justice Indu Malhotra Criminal Appeal No.…
Lynching—Mob Violence—The person/persons who has/have initiated, promoted, instigated or any way caused to occur any act of violence against cultural programmes or which results in loss of life or damage to public or private property either directly or indirectly, shall be made liable to compensate the victims of such violence
2018(4) Law Herald (SC) 2593 : 2018 LawHerald.Org 1616 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.…
Arbitration–Award–Court not to upheld or set aside the unreasoned award by giving its own reasons–Matter should be remitted back to arbitral tribunal to pass a reasoned award.
2010(1) LAW HERALD (SC) 331 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.M. Lodha Civil Appeal No. 3089 of 2006…
Re-determination of compensation–If a person has applied under Section 18 and pursued the matter further, he is not entitled to maintain application under Section 28-A for determination of compensation.
2010(1) LAW HERALD (SC) 326 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Dr. Justice B.S. Chauhan Civil Appeal No. 1271 of 2002…
Right to private defence–It is available only to one who is suddenly confronted with the necessity of averting an impending danger not of self creation–A mere reasonable apprehension is enough to put the right of self defence into operation
2010(1) LAW HERALD (SC) 314 IN THE SUPREME COURT OF INDIA (Vacation Bench) Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Ashok Kumar Ganguly Criminal Appeal No.…
Right to Information–Judicial Order–Under the RTI Act an applicant cannot ask for any information as to why opinions, advices, circulars, orders, etc. have been passed, especially in matters pertaining to judicial decisions–A judge is not bound to explain later on for what reasons he had come to such a conclusion.
2010(1) LAW HERALD (SC) 311 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice Dr. B.S. Chauhan Special Leave Petition (Civil)…
Limitation Act, 1963, Art. 58–Limitation–Cause of action–Mere existence of a wrong entry in the revenue records does not, in law, give rise to a cause of action within the meaning of Article 58 of the Act. — Cause of action for the purposes of Article 58 of the Act accrues only when the right asserted in the suit is infringed or there is atleast a clear and unequivocal threat to infringe that right–Therefore, the mere existence of an adverse entry into the revenue record cannot give rise to cause of action.
2010(1) LAW HERALD (SC) 307 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Aftab Alam Civil Appeal No.5339 of 2002 Daya…
Constitution of India, 1950, Article 32–Sexual intimidation-Denial of service dues–Contention of the petitioner that she was sexually intimidated by her senior colleagues in office and that they had misused their positions and amassed huge fortunes–She also emphasized that it was on account of her attempts to highlight the misconduct of these officers that she had been harassed & hounded time and again and had even been denied her service dues–Allegations made by the petitioner enquired into by several independent bodies but no merit found
2010(1) LAW HERALD (SC) 305 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M. Panchal Writ Petition (Criminal) No. 60…