Arbitration—Appointment of Arbitrator—Arbitration clause would cease to exist in a contract or a sub contract which is contained in an unstamped agreement
2019(2) Law Herald (SC) 1173 : 2019 LawHerald.Org 832 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice R.F. Nariman Honble Mr. Justice Vineet Saran Civil Appeal No. 3631…
Dying Declaration—Need for Corroboration—Where the victim was administered sedative as pain killers before making the statement, the victim being in state of delusion cannot be ruled out—In such circumstance there is need for corroborative evidence for relying upon dying declaration.
2019(2) Law Herald (SC) 1157 : 2019 LawHerald.Org 830 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S. A. Bobde Honble Mr. Justice Deepak Gupta Criminal Appeal Nos.…
Benami Transactions—Financial Assistance—Merely because some financial assistance has been given by the father to the sons to purchase the properties, the transactions cannot be said to benami in nature. Benami Transactions—Intention of the person who contributed the purchase money is determinative of the nature of transaction–Source of money had never been the sole consideration—It is merely one of the relevant considerations but not determinative in character
2019(2) Law Herald (SC) 1163 : 2019 LawHerald.Org 831 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M. R. Shah Civil Appeal…
Summoning of additional accused—Standard of Proof—Court has to look for just more than prime facie case and not as if an infallible case was required to be shown by the prosecution in order to proceed against the proposed accused persons
2019(2) Law Herald (SC) 1047 : 2019 LawHerald.Org 819 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…
Dishonour of Cheque—Friendly Loan—Failure of complainant to prove the source of funds for advancing loan to accused cannot be a ground rebutting the presumption u/s 139 N.I. and because of that burden of proof on accused to prove probable defence does not get shifted on complainant. Dishonour of Cheque—Rebuttable Presumption—By mere denial or mere creation of doubt the presumption u/s 139 N.I. act cannot be held to have been rebutted by the accused
2019(2) Law Herald (SC) 1029 : 2019 LawHerald.Org 784 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…
Un necessary Amendment—Amendment was sought belatedly when suit was fixed for final arguments—Further, suit could still be decided even without there being any necessity to seek any amendment in the plaint—Application for amendment of plaint held to be rightly dismissed by Trial Court.
2019(2) Law Herald (SC) 1027 : 2019 LawHerald.Org 838 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…
Agreement to Sell—Specific Performance—Plaintiff has to aver and prove his readiness and willingness—Merely because defendant has not taken any objection in their written statement in this regard is of no consequence Agreement to Sell—Specific Performance—Pleadings of plaintiff were essentially directed towards the existence and validity of the alleged agreement and the surrounding dealings of the parties; but is lacking in those material assertions on readiness and willingness on his part–Decree of sped fie performance declined. Second Appeal—Substantial Question of law—It cannot be laid down as a matter of rule that irrespective of the question/s formulated, hearing of the second appeal is open for any other substantial question of law, even if not formulated earlier
2019(2) Law Herald (SC) 1017 : 2019 LawHerald.Org 783 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…
Motor Vehicles Act, 1988, S.166~Accident—Reduction in Compensation- Disability of 95%–Case of excessive injuries and disablement
2019(2) Law Herald (SC) 1012 : 2019 LawHerald.Org 782 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…
Provident Funds—Special Allowance—A part of the basic wage camouflaged as part of an special allowance so as to avoid deduction and contribution would be included in basic wages of an employee
2019(2) Law Herald (SC) 1003 : 2019 LawHerald.Org 781 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice Navin Sinha Civil Appeal No(s). 6221…
Specific Relief Act, 1963, S.34-Suit for declaration-Public Temple or Private Temple-Mahant of temple/Dera–The onus of proving that the appellant-Shri Ram Mandir falls within the description of private temple is on the appellant who is asserting that the temple is a private temple and that he is the Mahant of the temple
2019(2) Law Herald (SC) 994 : 2019 LawHerald.Org 780 IN THE SUPREME COURT OF INDIA Before Hontile Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Civil Appeal No.…