Supreme Court of India Judgements

Exparte Decree—Setting aside of—Remand of Case-After setting aside of ex-parte order Trial Court was required to issue fresh notice of the suit despite their non-appearance in first round of trial in suit and in O.9 R. 13 proceedings (as per local amendment in State of Kerala)—No such fresh notice was issued—High Court rightly remanded the case to trial court for fresh trial.

Apr 30, 2018 sclaw

(2018) AIR(SCW) 718 : (2018) AIR(SC) 718 : (2018) 2 ALT 44 : (2018) 1 CTC 685 : (2018) 1 JT 484 : (2018) 1 LAR 189 : (2018) 1 LawHerald(SC) 233 : (2018)…

Property Matters

Allotment of Plot—Nominee of allotee—Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee-That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.

Apr 24, 2018 sclaw

(2016) 162 AIC 257 : (2016) AIR(SCW) 1969 : (2016) AIR(SC) 1969 : (2016) AllSCR 1279 : (2016) 2 BBCJ 124 : (2017) 3 CompLJ 44 : (2016) 2 GujLH…

Arbitration

Arbitration—Objections—Award, which decides the issue of limitation is an interim award, which being an arbitral award, can be challenged separately and independently under S.34 of the Act.

Apr 24, 2018 sclaw

(2018) 1 ArbiLR 271 : (2018) 1 JT 433 : (2018) 1 LawHerald(SC) 216 : (2018) 1 RCR(Civil) 793 : (2018) 1 SCALE 442 SUPREME COURT OF INDIA DIVISION BENCH M/S INDIAN FARMERS FERTILIZER…

Cr P C

Held; it is not expected from the High Court to pass such mandatory orders commanding the sub ordinate court to compulsorily grant bail—Courts cannot issue mandatory direction which breach the independence of subordinate courts.

Apr 24, 2018 sclaw

(2018) AIR(SCW) 599 : (2018) AIR(SC) 599 : (2018) 1 JT 451 : (2018) 1 LawHerald(SC) 210 : (2018) 1 PLR 438 : (2018) 1 RCR(Criminal) 967 : (2018) 1 SCALE 431 SUPREME COURT…

Rent

Eviction—Subsequent Events—It is not proved that plea of subsequent events had been raised before appellate court and High Court—Alleged subsequent event cannot be considered by Supreme Court.

Apr 23, 2018 sclaw

(2018) 2 JT 65 : (2018) 1 LawHerald(SC) 206 : (2018) 1 RCR(Rent) 171 : (2018) 1 SCALE 642 SUPREME COURT OF INDIA DIVISION BENCH SURINDER — Appellant Vs. NAND LAL — Respondent (…

Rent

Eviction—Subletting—Since the tenant had admitted the presence of alleged sub-tenant in the suit property the burden was on him to prove its nature and the capacity in which he used to sit in the suit shop Eviction—Multiple Grounds—If one ground of eviction is held made out of several pleaded against the tenant, that one ground is sufficient to evict the tenant from the suit premises

Apr 23, 2018 sclaw

(2018) 2 JT 129 : (2018) 1 LawHerald(SC) 198 : (2018) 1 RCR(Rent) 190 : (2018) 1 SCALE 472 SUPREME COURT OF INDIA DIVISION BENCH FLORA ELIAS NAHOUM — Appellant Vs. IDRISH ALI LASKAR…

C P C

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage

Apr 23, 2018 sclaw

(2018) 1 JT 500 : (2018) 1 LawHerald(SC) 189 : (2018) 1 PLR 453 : (2018) 1 Scale 479 SUPREME COURT OF INDIA DIVISION BENCH N.C. BANSAL — Appellant Vs. UTTAR PRADESH FINANCIAL CORPORATION…

Land Acquisition

Land Acquisition—Compensation—More than claimed can be awarded by court to award just and fair compensation.

Apr 22, 2018 sclaw

(2016) 161 AIC 139 : (2016) AIR(SCW) 1210 : (2016) 2 AIRJharR 144 : (2016) AIR(SC) 1210 : (2016) AllSCR 778 : (2016) 116 ALR 471 : (2016) 3 AndhLD…

Limitation

Limitation Act, 1983, Article 85-Adverse Possession-Defendant being in possession as a lessee could not claim the alternate plea of adverse possession- -Respondent has no right to claim ownership over the suit property on the ground of adverse possession by taking a plea of sham transaction

Apr 21, 2018 sclaw

(2016) 160 AIC 79 : (2016) AIR(SCW) 1433 : (2017) 1 AIRJharR 679 : (2016) AIR(SC) 1433 : (2017) AllSCR 1712 : (2016) 115 ALR 871 : (2016) 3 AndhLD…

Cr P C

Quashing—Loan availed through bank or financial institutions on basis of forged documents—Criminal complaint in such cases not to be quashed on compromise entered between the parties on receipt of amount dues and issuance of no due certificate by Bank.

Apr 21, 2018 sclaw

(2016) AllSCR(Crl) 736 : (2016) 2 ApexCourtJudgments(SC) 107 : (2016) 2 CriCC 393 : (2016) 2 LawHerald 1775 : (2016) 2 LawHerald(SC) 1120 : (2016) 2 RCR(Criminal) 357 : (2016) 2 RecentApexJudgments(RAJ) 267 SUPREME…

Supreme Court of India Judgements

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Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Appointment secured on merit cannot be invalidated for an unintentional category error in a qualifying certificate if no undue advantage accrued therefrom.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Allotment of Plot—Nominee of allotee—Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee-That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.

Arbitration—Objections—Award, which decides the issue of limitation is an interim award, which being an arbitral award, can be challenged separately and independently under S.34 of the Act.

Held; it is not expected from the High Court to pass such mandatory orders commanding the sub ordinate court to compulsorily grant bail—Courts cannot issue mandatory direction which breach the independence of subordinate courts.

Eviction—Subsequent Events—It is not proved that plea of subsequent events had been raised before appellate court and High Court—Alleged subsequent event cannot be considered by Supreme Court.

Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage

Land Acquisition—Compensation—More than claimed can be awarded by court to award just and fair compensation.

Limitation Act, 1983, Article 85-Adverse Possession-Defendant being in possession as a lessee could not claim the alternate plea of adverse possession- -Respondent has no right to claim ownership over the suit property on the ground of adverse possession by taking a plea of sham transaction

Quashing—Loan availed through bank or financial institutions on basis of forged documents—Criminal complaint in such cases not to be quashed on compromise entered between the parties on receipt of amount dues and issuance of no due certificate by Bank.

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Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Supreme Court of India Judgements