Criminal Procedure Code, 1973, S.439–Bail–Cancellation of–Cheating–FIR against builders for not fulfilling their obligations under agreement to sell entered by them with various prospective buyers–Trial Court cancelling bail order of Respondent No.2 who was a proclaimed offender-High Court set aside the order and restored interim bail granted by Trial Court without assigning any reasons and even without issuing notice to complainants—Impugned order of High Court set aside—Respondent No.2 directed to surrender before Session Judge.
2019(1) Law Herald (SC) 790 : 2019 LawHerald.Org 620 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Crl A. No.…
Eviction—Personal Necessity—If the tenancy is for composite purpose, then the landlord will have a right to seek the tenant’s eviction from the tenanted premises for his residential need or commercial need, as the case may be
2019(1) Law Herald (SC) 785 : 2019 LawHerald.Org 716 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari CIVIL APPEAL Nos.…
Arbitration—Pendent lite interest on award—If the agreement between the parties specifically prohibits grant of interest, the arbitrator cannot award pendente lite interest in such cases
2019(1) Law Herald (SC) 772 : 2019 LawHerald.Org 715 (2019) 2 SCALE 718 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul…
Service Law—Annual Confidential Report—No authority can claim a privilege not to comply with directions of Supreme Court on basis of it being an autonomous body
2019(1) Law Herald (SC) 767 : 2019 LawHerald.Org 712 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…
Civil Procedure Code, 1908, S. US-Revision—Interlocutory orders—Revision petitions filed under Section 115 CPC are not maintainable against interlocutory orders-Revisional jurisdiction under Section 115 CPC is to be exercised to correct jurisdictional errors only.
2019(1) Law Herald (SC) 763 : 2019 LawHerald.Org 711 IN THE SUPREME COURT OF INDIA Before HonTile Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Vineet Saran Civil Appeal No.…
Injunction—Restraining from dispossession—An injunction restraining the defendant from disturbing possession may not be granted in favour of the plaintiff unless he proves that he was in actual and lawful possession of the suit property on the date of filling of the suit
2019(1) Law Herald (SC) 757 : 2019 LawHerald.Org 710 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Civil Appeal No.…
Dishonour of Cheque—Rebuttable Presumption—Standard of proof to be adopted is preponderance of probabilities. Dishonour of Cheque—Advancement of Loan—Complainant failed to establish the source of funds which is alleged to have utilized for the disbursal of loan to the appellant—Accused acquitted.
2019(1) Law Herald (SC) 751 : 2019 LawHerald.Org 709 (2019) 2 SCALE 548 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice…
Indian Penal Code, 1860, S.193–False Evidence—Magistrate cannot take cognizance of an offence punishable under S.193 IPC, on the basis of a private complaint—Criminal Procedure Code, 1973,S.195.
2019(1) Law Herald (SC) 743 : 2019 LawHerald.Org 708 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice 8. Abdul Nazeer Criminal Appeal No.…
Leave to Appeal against Acquittal—Where the finding on basis of which leave to appeal against acquittal is contrary to the evidence on record then prima facie case is made out to grant leave to appeal.
2019(1) Law Herald (SC) 740 : 2019 LawHerald.Org 707 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Criminal Appeal No.…
Accident—Claim Petition—Standard of proof to be followed is preponderance of probability and not the strict standard of proof beyond all reasonable doubts Accident—Claim Petition—Testimony of eyewitness cannot be held as unreliable merely because his name was not mentioned in list of witnesses in the criminal proceedings.
2019(1) Law Herald (SC) 693 : (2019) 3 SCALE 393 2019 LawHerald.Org 702 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Ajay Rastogi…