IMP :: Divorce—Mere allegation of extra marital affair could not constitute cruelty.
(2017) 173 AIC 203 : (2017) AIR(SCW) 1316 : (2017) AIR(SC) 1316 : (2017) AllSCR 817 : (2017) 2 AllWC 1895 : (2017) 122 ALR 531 : (2017) 2…
V IMP :::: Will–Joint and Mutual Will—Survivor after death of other testator during his life time can deal as absolute owner of the property but when he dies, he is to bequeath what is left in the manner agreed upon between both the testators originally. Will—Intention of Testator—Court is not entitled to ignore clear words or add something of its own or dilute the meaning of any clear word used in the Will.
(2017) 173 AIC 224 : (2017) AIR(SCW) 1473 : (2017) AIR(SC) 1473 : (2017) AllSCR 685 : (2017) 122 ALR 470 : (2017) 3 AndhLD 128 : (2017) 2 ApexCourtJudgments(SC)…
Arbitration—Objections—Exclusion of Part-1—The place of arbitration determines the law that will apply to the arbitration and related matters like challenges to the award etc.
(2017) 173 AIC 68 : (2017) AIR(SCW) 1372 : (2017) 3 AIRBomR 283 : (2017) AIR(SC) 1372 : (2018) 1 ALLMR 482 : (2017) 3 AndhLD 166 : (2017) 2…
“It is therefore held that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the same person. Justice must not only be done, but must appear to be done also.”
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION HEAD NOTE: The Court also noted that in a case like this with a reverse burden of proof, if the informant police official is himself carrying out…
Clarificatory amendment to S. 14 IBC retrospective, Moratorium does not extend to Personal Guarantees: SC
The Supreme Court today clarified that moratorium under Section 14 of the Insolvency and Bankruptcy Code (IBC) does not apply with respect to personal guarantees. The Court noted that a…
V IMP ::: Motor Vehicles Act, 1988, S.166–Accident–Refund of excess amount paid-During appeal before High Court 80% of award by Tribunal was disbursed-High Court had reduced amount awarded by Tribunal and granted liberty to recover excess amount—However, in appeal Supreme Court enhanced the amount to some extend but was less than award of Tribunal-Supreme Court dismissed the appeal for refund of excess amount by exercising its jurisdiction under Art. 142
(2017) 175 AIC 265 : (2017) AllSCR 841 : (2017) 124 ALR 523 : (2017) 1 AnWR 436 : (2017) 2 ApexCourtJudgments(SC) 249 : (2017) 2 BBCJ 8 : (2017)…
Civil Procedure Code, 1908, O.41 R.23 and O.26 R.9–Remand of Case-Suit for declaration—Claim for ownership and possession in booth sites allotted by society-Having regard to the rival contentions of the parties claiming to be in possession, case remanded to trial court to appoint a Commissioner to get a report as to the location of the disputed sites and their physical features and other relevant facts and decide afresh.
(2017) 174 AIC 62 : (2017) AIR(SCW) 1341 : (2017) AIR(SC) 1341 : (2017) 123 ALR 271 : (2017) 1 ARC 768 : (2017) 1 BBCJ 421 : (2017) 2…
Service Law—Part-time Employee—They cannot seek themselves at par with full time temporary employees and therefore not entitled for regularization.
(2017) AIR(SCW) 1304 : (2017) AIR(SC) 1304 : (2017) 2 ApexCourtJudgments(SC) 121 : (2017) 3 ESC 554 : (2017) 3 JT 202 : (2017) 1 LawHerald(SC) 689 : (2017) LIC 1276 : (2017) 2…
The Supreme Court has upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver (victim) in proceedings under Section 163A of the Motor Vehicle Act
Supreme Court of India Shivaji vs Divisional Manager United India … on 9 August, 2018 Author: D Y Chandrachud Bench: [ D Chandrachud], [ M Khanwilkar], [ Misra] 1 REPORTABLE…
Accident—Disability @ 90%—Amputation of Leg—Percentage of disability cannot be reduced on ground that despite the amputation of left leg, the remaining body of the appellant was healthy.
(2017) AAC 1146 : (2017) 3 ACC 347 : (2017) ACJ 1362 : (2017) 174 AIC 145 : (2017) AIR(SCW) 1753 : (2017) AIR(SC) 1753 : (2017) 123 ALR 245…