Supreme Court of India Judgements

Consent decree is a contract between parties with the seal of court super added to it.

Feb 4, 2018 sclaw

2008(1) LAW HERALD (SC) 547 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce S.B. Sinha The Hon’ble Mr. Jusitce Harjit Singh Bedi Civil Appeal No. 4887 of…

Service

Removal–Spinning Mills would come under the description of ‘Textile Mills’.

Feb 4, 2018 sclaw

2008(1) LAW HERALD (SC) 542 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce H.K. Sema The Hon’ble Mr. Jusitce Altamas Kabir Civil Appeal No. 5279 of 2006…

Acquittal

Murder—Acquittal—Gun Shot injury on head—No opinion from doctor was elicited that the head injury sustained by deceased was sufficient in the ordinary course of nature to cause death.

Feb 2, 2018 sclaw

(2016) 92 ACrC 973 : (2016) 158 AIC 204 : (2016) 2 AICLR 692 : (2016) AIR(SCW) 282 : (2016) AIR(SC) 282 : (2016) 2 AllLJ 125 : (2016) AllSCR(Crl)…

Consumer

Consumer Protection Act, 1986, S.12–Dismissal in Default-Second complaint on same set of facts is maintainable when the first complaint was dismissed in default or non prosecution

Feb 2, 2018 sclaw

(2016) 166 AIC 65 : (2016) AIR(SCW) 2209 : (2016) 4 AIRBomR 267 : (2016) 3 AIRJharR 404 : (2016) AIR(SC) 2209 : (2016) 2 ALLMR 974 : (2016) 2…

Acquittal

Murder–Acquittal–The sufficiency of injury/ even by gunshot, to cause death must be proved and cannot be inferred from the fact that death has taken place.

Feb 2, 2018 sclaw

(2016) 93 ACrC 493 : (2016) 97 ACrC 473 : (2016) 167 AIC 152 : (2016) 159 AIC 20 : (2016) 2 AICLR 219 : (2016) AIR(SCW) 447 : (2016)…

Rent

Eviction—Material Alteration—No adverse, inference to be drawn for non-appearance of landlord as witness to prove material alteration.

Feb 2, 2018 sclaw

(2016) 158 AIC 237 : (2016) AIR(SCW) 262 : (2017) 1 AIRJharR 382 : (2016) AIR(SC) 262 : (2016) AllSCR 379 : (2016) 1 AllWC 965 : (2016) 114 ALR…

Corporate

SARFAESI— Tenants of property which was given as security interest cannot be evicted except under Rent Control Acts.

Feb 2, 2018 sclaw

(2016) ACD 370 : (2016) 159 AIC 113 : (2016) AIR(SCW) 530 : (2016) 1 AIRBomR(Cri) 545 : (2016) 2 AIRJharR 243 : (2016) 1 AirKarR 771 : (2016) AIR(SC)…

C P C

Remand of Case—When the first appellate court itself did not decide the appeal on merits and considered it proper to remand the case to the Trial Court, a fortiori, the High Court had no jurisdiction to decide the appeal on merits.

Feb 1, 2018 sclaw

(2017) 176 AIC 214 : (2017) AIR(SCW) 2402 : (2017) AIR(SC) 2402 : (2017) AllSCR 1270 : (2017) 123 ALR 817 : (2017) 4 AndhLD 180 : (2017) 2 ApexCourtJudgments(SC)…

Service

Service Law–Gratuity-Banks directed to pay an amount an amount of Rs. 2, 00, 000/- (Rupees Two Lakhs) in full and final settlement of all their claims including the expenses which they have incurred for litigation for more than two decades.

Feb 1, 2018 sclaw

(2017) 2 CLR 985 : (2017) 153 FLR 999 : (2017) 3 HLT 223 : (2017) 2 LawHerald(SC) 1116 : (2017) 3 LLJ 178 : (2017) 4 LW 782 : (2017) 6 SCALE 142…

Property Matters

Redemption of Mortgage— Whether Mortgage was by way of Conditional Sale-Test to be satisfied discussed.

Jan 31, 2018 sclaw

(2017) 176 AIC 187 : (2017) AIR(SCW) 2141 : (2017) 3 AirKarR 24 : (2017) AIR(SC) 2141 : (2017) 123 ALR 839 : (2017) 4 AndhLD 111 : (2017) 2…

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.

Consent decree is a contract between parties with the seal of court super added to it.

Removal–Spinning Mills would come under the description of ‘Textile Mills’.

Murder—Acquittal—Gun Shot injury on head—No opinion from doctor was elicited that the head injury sustained by deceased was sufficient in the ordinary course of nature to cause death.

Consumer Protection Act, 1986, S.12–Dismissal in Default-Second complaint on same set of facts is maintainable when the first complaint was dismissed in default or non prosecution

Murder–Acquittal–The sufficiency of injury/ even by gunshot, to cause death must be proved and cannot be inferred from the fact that death has taken place.

Eviction—Material Alteration—No adverse, inference to be drawn for non-appearance of landlord as witness to prove material alteration.

SARFAESI— Tenants of property which was given as security interest cannot be evicted except under Rent Control Acts.

Remand of Case—When the first appellate court itself did not decide the appeal on merits and considered it proper to remand the case to the Trial Court, a fortiori, the High Court had no jurisdiction to decide the appeal on merits.

Service Law–Gratuity-Banks directed to pay an amount an amount of Rs. 2, 00, 000/- (Rupees Two Lakhs) in full and final settlement of all their claims including the expenses which they have incurred for litigation for more than two decades.

Redemption of Mortgage— Whether Mortgage was by way of Conditional Sale-Test to be satisfied discussed.

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