Agreement to Sell—Subsequent Purchaser cannot be impleaded as defendant in the suit for specific performance of contract between buyer (original Plaintiff) and seller (original defendant) to which the subsequent purchaser was not a party and that to against the wish of the buyer (original Plaintiff)
2019(3) Law Herald (SC) 1966 : 2019 LawHerald.Org 1244 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. D.Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Civil Appeal Nos. 5522-5523…
Arbitration—Termination of Mandate—Merely because Tribunal has not fixed its fee as per settled law their mandate is not liable to be dismissed.
2019(3) Law Herald (SC) 1961 : 2019 LawHerald.Org 1243 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mr. Justice Surya Kant Civil Appeal No.…
Exparte Decree-Specific Performance—After execution of sale deed in suit for specific performance exparte decree set aside—Cause of justice does require that as far as possible, adjudication be done on merits
2019(3) Law Herald (SC) 1958 : 2019 LawHerald.Org 1242 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No.4507 of…
Second Appeal—In second appeal, in absence of cross-appeal or cross objections, High Court cannot go beyond the decree passed by Trial Court. Typographical Error—A “Note for speaking to Minutes” is required to be entertained only for the limited purpose of correcting a typographical error or an error through oversight, which may have crept in while transcribing the original order.
2019(1) Law Herald (P&H) 308 (SC) : 2018 LawHerald.Org 2061 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice…
Execution of Decree—It is not within the jurisdiction of the executing court to decide whether the decree was passed in the absence of territorial jurisdiction by the Civil Court—Executing Court cannot go beyond decree.
2019(1) Law Herald (P&H) 324 (SC) : 2019 LawHerald.Org 508 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil…
Accident—Income—Certificate by employer as to salary of injured claimant is a valid proof of income
2019(3) Law Herald (SC) 1952 : 2019 LawHerald.Org 1241 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice Indu Malhotra Hon’ble Mr. Justice M.R. Shah Civil Appeal No.…
Agreement to Sell—Readiness and Willingness on part of buyer can be inferred from letters sent by him to buyer after due date asking him to execute the sale deed
2019(3) Law Herald (SC) 1948 : 2019 LawHerald.Org 1240 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mr. Justice Surya Kant Civil Appeal No.…
Bail—Grant of—Reasons are to be assigned while granting or declining the relief of bail Bail—Cancellation of wrongly granted bail not to declined merely because it has been not misused after being granted
2019(3) Law Herald (SC) 1945 : 2019 LawHerald.Org 1239 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.…
Juvenile—Plea of Juvenility—Where date of birth as mentioned in matriculation certificate is found to be fabricated or manipulated then such certificate is to be discarded
2019(3) Law Herald (SC) 1933 : 2019 LawHerald.Org 1238 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Honble Mrs. Justice Indira Banerjee Criminal Appeal…
Considering the nature of the injuries sustained by deceased, it cannot be said that the appellant A-2 and other accused have taken undue advantage of deceased in attacking him–Conviction modified from S.302 IPC to S.304 Part-II IPC.
2019(3) Law Herald (SC) 1930 : 2019 LawHerald.Org 1237 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Criminal Appeal No(s). 1014…