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.
(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—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.
(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…
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.
(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…
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.
(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 (…
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
(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…
Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage
(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—Compensation—More than claimed can be awarded by court to award just and fair compensation.
(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 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
(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…
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.
(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…
Civil Procedure Code, 1908, O.32 R.I–Suit by Minor-Next friend-Where the suit is filed on behalf of the minor, no permission or leave of the court is necessary for the next friend to institute the suit, whereas if the suit is filed against a minor, it is obligatory for the plaintiff to get the appropriate guardian ad litem appointed by the court for such minor
(2018) AIR(SCW) 459 : (2018) AIR(SC) 459 : (2018) 1 LawHerald(SC) 177 : (2018) 1 Scale 210 SUPREME COURT OF INDIA DIVISION BENCH NAGAIAH — Appellant Vs. CHOWDAMMA (DEAD) BY LRS. — Respondent (…