Supreme Court of India Judgements

Dying Declaration–Oral dying declaration made by deceased ought to be treated with care and caution since maker of statement cannot be subjected to any cross-examination.

Jan 5, 2018 sclaw

2008(1) LAW HERALD (SC) 529 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.P. Naolekar The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 178 of 2006…

Labour Cases

Termination–Closure of a Unit–If a unit or part of an undertaking which has no functional integrity with other units is closed, it will amount to closure within the meaning of Section 25FFF of the Act.

Jan 5, 2018 sclaw

2008(1) LAW HERALD (SC) 524 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3735-3738 of 2007…

Contempt

Contempt–In case there is non compliance of orders of Supreme Court, Supreme Court will take very serious view of the matter and pass appropriate orders.

Jan 5, 2018 sclaw

2008(1) LAW HERALD (SC) 520 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Contempt Petition (Civil) 222 of 2006…

Service

Seniority–Executive Instructions–Where rules are silent on a particular point or there are no rules, Govt. can issue executive instructions to fill the gap not covered by Rules and such instructions must not be inconsistent with the rules already framed

Jan 5, 2018 sclaw

2008(1) LAW HERALD (SC) 515 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 5013 of 2000…

Cr P C

Investigation–Police has a right of further investigation under Section 173(8) Cr.P.C. but not fresh investigation or re-investigation.

Jan 5, 2018 sclaw

2008(1) Law Herald (SC) 510 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Lokeshwar Singh Panta Appeal (crl.) 1119 of 2004…

C P C

Execution of Decree—Part Payment—If the Court does not certify the payment made by the judgment debtor then such payment shall not be recognized by any Court executing the decree for the purpose of giving adjustment to the judgment debtor against the decretal amount.

Jan 4, 2018 sclaw

(2017) AIR(SCW) 3756 : (2017) 4 AIRJharR 103 : (2017) AIR(SC) 3756 : (2017) AllSCR 1612 : (2017) 5 AndhLD 134 : (2017) 3 LawHerald 2503 : (2017) 2 LawHerald(SC)…

Matrimonial

Protection of Women from Domestic Violence Acts 2005, S.17–Shared Household- -In order to claim a residence order couple must have lived in a domestic relationship in the shared household- Complainant woman has never stayed with the husband

Jan 4, 2018 sclaw

(2017) AIR(SCW) 3345 : (2017) AIR(SC) 3345 : (2017) 5 AndhLD 120 : (2017) CriLJ 4315 : (2017) CriLR 650 : (2017) 2 DMC 806 : (2017) 3 JBCJ 295…

Acquittal Narcotics

Narcotics—Non-joining of independent witness—If an independent witness is available, and the prosecution initially seeks to rely upon him, it cannot suddenly discard the witness because it finds him inconvenient, and place reliance upon police witnesses only.

Jan 4, 2018 sclaw

(2017) 3 AICLR 641 : (2017) AIR(SCW) 3859 : (2017) AIR(SC) 3859 : (2017) 2 AllCrlRulings 2318 : (2017) ALLMR(Cri) 3522 : (2017) 4 BomCR(Cri) 199 : (2017) 3 Crimes…

Evidence Act

Admissibility of Document—Objection as to method—An objection relating to the mode or method of proof has to be raised at the time of making of the document as an exhibit and not later.

Jan 4, 2018 sclaw

(2017) AIR(SCW) 3441 : (2017) AIR(SC) 3441 : (2017) AllSCR(Crl) 1670 : (2017) 3 ALT(Crl) 99 : (2017) CriLJ 4352 : (2017) CriLR 901 : (2017) 3 Crimes 234 :…

Constitution

Stay of Proceedings-Parties were before arbitrator and award has been passed and only question survives is of interest payable-Against award party has remedy of Revision u/s 34 of the Arbitration Act-Bank directed to stay proceedings under SARFAESI Act till final award is passed.

Jan 1, 2018 sclaw

(2017) 172 AIC 252 : (2017) 121 ALR 904 : (2017) 2 LawHerald(SC) 1341 : (2017) 135 RD 734 : (2017) 3 SCALE 262 : (2017) 5 SCC 227 SUPREME COURT OF INDIA DIVISION…

Supreme Court of India Judgements

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Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

For Section 387 IPC, putting someone in fear of death/grievous hurt to commit extortion is sufficient; delivery of property is not required.

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

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

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Dying Declaration–Oral dying declaration made by deceased ought to be treated with care and caution since maker of statement cannot be subjected to any cross-examination.

Termination–Closure of a Unit–If a unit or part of an undertaking which has no functional integrity with other units is closed, it will amount to closure within the meaning of Section 25FFF of the Act.

Contempt–In case there is non compliance of orders of Supreme Court, Supreme Court will take very serious view of the matter and pass appropriate orders.

Seniority–Executive Instructions–Where rules are silent on a particular point or there are no rules, Govt. can issue executive instructions to fill the gap not covered by Rules and such instructions must not be inconsistent with the rules already framed

Investigation–Police has a right of further investigation under Section 173(8) Cr.P.C. but not fresh investigation or re-investigation.

Execution of Decree—Part Payment—If the Court does not certify the payment made by the judgment debtor then such payment shall not be recognized by any Court executing the decree for the purpose of giving adjustment to the judgment debtor against the decretal amount.

Protection of Women from Domestic Violence Acts 2005, S.17–Shared Household- -In order to claim a residence order couple must have lived in a domestic relationship in the shared household- Complainant woman has never stayed with the husband

Narcotics—Non-joining of independent witness—If an independent witness is available, and the prosecution initially seeks to rely upon him, it cannot suddenly discard the witness because it finds him inconvenient, and place reliance upon police witnesses only.

Admissibility of Document—Objection as to method—An objection relating to the mode or method of proof has to be raised at the time of making of the document as an exhibit and not later.

Stay of Proceedings-Parties were before arbitrator and award has been passed and only question survives is of interest payable-Against award party has remedy of Revision u/s 34 of the Arbitration Act-Bank directed to stay proceedings under SARFAESI Act till final award is passed.

You missed

Developer liable for refund with agreed interest for delayed possession; interest on allottee’s loan not developer’s direct liability, though loan financing can be a factor in awarding general compensation

Demand notices for misdeclaration of goods under Section 66 of the Railways Act, 1989 are valid even if raised after delivery of goods, unlike punitive charges for overloading which must be recovered before delivery.

High Court’s power under Section 482 CrPC is limited to determining a prima facie case from the FIR, without appreciating defence evidence or conducting a mini-trial.

Supreme Court of India Judgements