Supreme Court of India Judgements

Confiscation Order – The seized goods in question were being brought from Karnataka by the owner of the Jeep; and secondly, it could not be proved that the goods belonged to the State of Kerala — High Court was justified in quashing confiscation order made under Section 61-A of the Act

Apr 14, 2018 sclaw

(2017) 178 AIC 248 : (2017) AllSCR 1841 : (2017) 7 FLT 881 : (2017) 10 JT 579 : (2017) 4 KLT 703 : (2017) 4 LawHerald(SC) 2608 : (2017) 11 SCALE 223 :…

Constitution

Advocates—Designation of Senior Lawyer—Guidelines/norms laid down which henceforth would govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country.

Apr 9, 2018 sclaw

(2017) AIR(SCW) 5017 : (2018) 1 AIRBomR 69 : (2017) AIR(SC) 5017 : (2017) 6 AllWC 6049 : (2017) 4 Crimes 184 : (2017) ILR(Karnataka) 5037 : (2017)…

Murder

Murder–Common Intention—Overt Act—If common intention by meeting of minds is established in the facts and circumstances of the case, there is no need to prove overt act or possession of weapon, to establish common intention

Apr 9, 2018 sclaw

(2017) 101 ACrC 278 : (2017) 178 AIC 153 : (2017) 3 AICLR 685 : (2017) AIR(SCW) 3588 : (2017) AIR(SC) 3588 : (2017) ALLMR(Cri) 3543 : (2017) 2…

Cr P C

IMP : Quashing—Compromise between parties—In a case involving extortion, forgery and conspiracy where all the appellants were acting as a team, it was not in the interest of society to quash the FIR on the ground that a settlement had been arrived at with the complainant,

Apr 8, 2018 sclaw

(2018) 1 AICLR 301 : (2017) AIR(SCW) 4843 : (2017) AIR(SC) 4843 : (2017) 3 AllCrlRulings 2714 : (2017) ALLMR(Cri) 4438 : (2017) 4 BLJud 136 : (2017) 4…

Civil Cases

IMP : Electricity—Auction Sale of Property—Auction purchaser cannot be called upon to clear the past arrears and a power connection to an auction purchaser cannot be withheld for the dues of the past owner.

Apr 8, 2018 sclaw

(2017) 178 AIC 145 : (2017) AIR(SCW) 3862 : (2017) AIR(SC) 3862 : (2017) 3 ApexCourtJudgments(SC) 206 : (2017) 4 CivCC 484 : (2017) 3 CPR 267 : (2017)…

I P C

MCOCA—Continuing unlawful Activity—Charge Sheets filed in competent courts outside the National Capital Territory of Delhi can be taken into account for purpose of constituting a “continuing unlawful activity” and it would be merely for the purpose of determining the antecedents of the accused.

Apr 8, 2018 sclaw

(2017) 101 ACrC 965 : (2017) 180 AIC 135 : (2017) 3 AllCrlRulings 3233 : (2017) 10 SCC 779 : (2017) AIR(SCW) 4888 : (2017) 3 AIRBomR(Cri) 818 :…

Property Matters

Once agricultural land loses its basic character and has been converted into authorized/unauthorized colonies by dividing it into plots, disputes of plot holders cannot be decided by the revenue authorities and would have to be resolved by the civil court. The bar under Section 185 of Specific Relief Act would not be attracted – Appeal Dismmissed

Apr 8, 2018 sclaw

(2017) AIR(SCW) 5852 : (2017) AIR(SC) 5852 : (2018) AllSCR 145 : (2017) 245 DLT 355 : (2017) 12 JT 272 : (2018) 1 LawHerald 177 : (2018) 1 LawHerald(SC) 1 : (2018) 1…

Civil Cases

Custody of Child—Preference of Child of discernible age is to be given due importance.

Apr 4, 2018 sclaw

(2017) 178 AIC 180 : (2017) AIR(SCW) 5407 : (2018) 1 AIRBomR(Cri) 41 : (2017) AIR(SC) 5407 : (2017) 3 AllCrlRulings 2397 : (2017) ALLMR(Cri) 4430 : (2017) 3…

Rent

Eviction—Mesne Profit not claimed in eviction suit which attained finality—It cannot be claimed thereafter by filing subsequent fresh suit.

Apr 4, 2018 sclaw

(2017) 178 AIC 192 : (2017) AIR(SCW) 4574 : (2017) AIR(SC) 4574 : (2018) AllSCR 115 : (2017) 124 ALR 897 : (2017) 6 AndhLD 161 : (2017) 3 ApexCourtJudgments(SC)…

I P C

Rape—Sexual intercourse by husband with his own wife below 18 years of age is rape—Exception 2 to Section 375 IPC is to be read down accordingly.

Apr 2, 2018 sclaw

(2017) 10 SCC 800 : (2017) 4 BomCR(Cri) 599 : (2017) 3 ALT(Crl) 379 : (2017) 101 ACrC 630 : (2017) 179 AIC 1 : (2017) AIR(SCW) 4904 :…

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.

Confiscation Order – The seized goods in question were being brought from Karnataka by the owner of the Jeep; and secondly, it could not be proved that the goods belonged to the State of Kerala — High Court was justified in quashing confiscation order made under Section 61-A of the Act

Advocates—Designation of Senior Lawyer—Guidelines/norms laid down which henceforth would govern the exercise of designation of Senior Advocates by the Supreme Court and all High Courts in the country.

Murder–Common Intention—Overt Act—If common intention by meeting of minds is established in the facts and circumstances of the case, there is no need to prove overt act or possession of weapon, to establish common intention

IMP : Quashing—Compromise between parties—In a case involving extortion, forgery and conspiracy where all the appellants were acting as a team, it was not in the interest of society to quash the FIR on the ground that a settlement had been arrived at with the complainant,

IMP : Electricity—Auction Sale of Property—Auction purchaser cannot be called upon to clear the past arrears and a power connection to an auction purchaser cannot be withheld for the dues of the past owner.

Custody of Child—Preference of Child of discernible age is to be given due importance.

Eviction—Mesne Profit not claimed in eviction suit which attained finality—It cannot be claimed thereafter by filing subsequent fresh suit.

Rape—Sexual intercourse by husband with his own wife below 18 years of age is rape—Exception 2 to Section 375 IPC is to be read down accordingly.

You missed

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