Supreme Court of India Judgements

Bail—TADA—Accused can be released on the ground that they have been in jail for a long period and there was no like hood of the completion of the trial at the earliest.

Jan 13, 2018 sclaw

(2017) 98 ACrC 948 : (2017) 171 AIC 116 : (2017) 3 AICLR 865 : (2017) AIR(SCW) 721 : (2017) AIR(SC) 721 : (2017) AllSCR(Crl) 1073 : (2017) 3 ALT(Crl)…

Murder

Statement of Witness—The improper admission or rejection of evidence shall not be ground in itself for a new trial or reversal of any decision

Jan 11, 2018 sclaw

(2017) 99 ACrC 982 : (2017) 174 AIC 257 : (2017) 3 AICLR 227 : (2017) AIR(SCW) 1606 : (2017) AIR(SC) 1606 : (2017) AllSCR(Crl) 908 : (2017) 2…

Civil Cases

Damages–Electrocution–Compensation–Young boy of 8 years got electrocuted with high tension live wire while going through the fields-His both the arms were amputated and he suffered 100% disability

Jan 11, 2018 sclaw

(2017) AAC 563 : (2017) 1 ACC 400 : (2017) ACJ 701 : (2017) 171 AIC 126 : (2017) AIR(SCW) 718 : (2017) AIR(SC) 718 : (2017) 121…

Accident

Accident—Disability—Multiplier method should be applied rather than awarding lumpsum amount.

Jan 11, 2018 sclaw

(2017) 1 ACC 438 : (2017) ACJ 979 : (2017) 171 AIC 33 : (2017) AllSCR 646 : (2017) 121 ALR 452 : (2017) 1 AnWR 220 : (2017)…

Rent

Tenant parted with possession in favour of his son-in-law by entering into a partnership agreement without consent of landlord-This relationship a not merely of a close relative and was not a casual arrangement-It amounted to sub letting

Jan 11, 2018 sclaw

(2017) 172 AIC 263 : (2017) AIR(SCW) 1057 : (2017) AIR(SC) 1057 : (2017) AllSCR 1625 : (2017) 2 ApexCourtJudgments(SC) 415 : (2017) 2 ARC 166 : (2017) 3…

Constitution

Constitution of India, Article 227–Revision Petition–Limitation– ln the absence of any limitation period, if the petition is filled with some delay but at the same time, the petitioner gives satisfactory explanation thereof, the petition should be entertained on merits.

Jan 10, 2018 sclaw

(2017) AAC 862 : (2017) 2 ACC 853 : (2017) ACJ 977 : (2017) 172 AIC 245 : (2017) AIR(SCW) 965 : (2017) AIR(SC) 965 : (2017) 121 ALR…

Rent

Eviction—Heir of Tenant—Brother of deceased lady tenant does not fall within definition of’ family’ Succession—Female Hindu—The property inherited from the husband and father-in-law would devolve upon the heirs of husband/father-in-law from whom she inherited the property and not to her parental relative.

Jan 10, 2018 sclaw

(2017) 172 AIC 145 : (2017) AIR(SCW) 915 : (2017) AIR(SC) 915 : (2017) 2 AllLJ 685 : (2017) 5 ALLMR 468 : (2017) 122 ALR 40 : (2017) 2…

Cr P C

Reinvestigation—After taking of cognizance, Magistrate cannot suo moto issue directions or on the request or prayer of the complaint/Informant for reinvestigation

Jan 10, 2018 sclaw

(2017) 98 ACrC 907 : (2017) 171 AIC 1 : (2017) 2 AICLR 322 : (2017) AIR(SCW) 774 : (2017) 1 AIRJharR 848 : (2017) AIR(SC) 774 : (2017) AllSCR(Crl)…

Dowry Death

Dowry demand—Customary gifts of gold and clothes to husband cannot be termed as dowry demand. Dowry Death—Demand made about two years prior to Incident— Would not satisfy the requirement of “soon before her death”.

Jan 7, 2018 sclaw

(2016) 94 ACrC 27 : (2016) 160 AIC 94 : (2016) 2 AICLR 142 : (2016) AIR(SCW) 882 : (2016) 2 AirKarR 257 : (2016) AIR(SC) 882 : (2016) AllSCR(Crl)…

Cr P C

FIR–Where a Magistrate does not explicitly directs to register a FIR, but directs for investigation, the Police should register a FIR.

Jan 7, 2018 sclaw

(2016) 94 ACrC 494 : (2016) 161 AIC 246 : (2016) 2 AICLR 412 : (2016) AIR(SCW) 814 : (2016) 1 AIRBomR(Cri) 708 : (2016) AIR(SC) 814 : (2016) ALLMR(Cri)…

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.

Bail—TADA—Accused can be released on the ground that they have been in jail for a long period and there was no like hood of the completion of the trial at the earliest.

Statement of Witness—The improper admission or rejection of evidence shall not be ground in itself for a new trial or reversal of any decision

Damages–Electrocution–Compensation–Young boy of 8 years got electrocuted with high tension live wire while going through the fields-His both the arms were amputated and he suffered 100% disability

Accident—Disability—Multiplier method should be applied rather than awarding lumpsum amount.

Tenant parted with possession in favour of his son-in-law by entering into a partnership agreement without consent of landlord-This relationship a not merely of a close relative and was not a casual arrangement-It amounted to sub letting

Constitution of India, Article 227–Revision Petition–Limitation– ln the absence of any limitation period, if the petition is filled with some delay but at the same time, the petitioner gives satisfactory explanation thereof, the petition should be entertained on merits.

Reinvestigation—After taking of cognizance, Magistrate cannot suo moto issue directions or on the request or prayer of the complaint/Informant for reinvestigation

Dowry demand—Customary gifts of gold and clothes to husband cannot be termed as dowry demand. Dowry Death—Demand made about two years prior to Incident— Would not satisfy the requirement of “soon before her death”.

FIR–Where a Magistrate does not explicitly directs to register a FIR, but directs for investigation, the Police should register a FIR.

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