Supreme Court of India Judgements

Confession is a substantive piece of evidence, but as a ‘Rule of Prudence’ the Court should seek other corroborative evidence to test its veracity. Kidnapping and Extortion–The act of kidnapping for extorting ransom from the victim cannot be termed as an act committed “with intent to overawe the Government as by law established–TADA not applicable. Confession–Admissibility of–The mere fact that retracted subsequently is not a valid ground to reject the confession. The crucial question is whether at the time when the accused was giving the statement he was subjected to coercion, threat or any undue influence or was offered any inducement to give any confession

Oct 4, 2017 sclaw

2007(5) LAW HERALD (SC) 4030 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan The Hon’ble Mr. Justice G. P. Mathur Criminal Appeal No.…

Corporate

Electricity–Payment of interest on security deposit–There is nothing in the Electricity Act or Schedule VI of Supply Act that interest must be paid on the security deposit–Any decision denying interest must be justified by cogent reasons.

Oct 4, 2017 sclaw

2007(5) LAW HERALD (SC) 4026 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice R.V. Raveendaran Civil Appeal No. 1019 of…

Arbitration

Arbitrator–Appointment of–Without verifying the fact that whether notice was duly served to all the respondents–Order set aside.

Oct 4, 2017 sclaw

2007(5) LAW HERALD (SC) 4021 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 5366 of…

Corporate

Insurance–Denial of recovery of amount of insurance on the death of an insured on the ground of non disclosure of material facts in the declaration form held to be justified.

Oct 4, 2017 sclaw

2007(5) LAW HERALD (SC) 4015 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5322…

State Laws

Conversion Charges–Property in question is a freehold property and it is neither allotted nor sold to her or her predecessor-in-interest by the MC or State Government–No question of demanding conversion charges for change of user arises.

Oct 4, 2017 sclaw

2007(5) LAW HERALD (SC) 4010 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Altamas Kabir Special Leave Petition (Civil) 24912 of…

Murder

Indian Penal Code, 1860, S.302 & S.34–Murder–Common Intention-Overt Act–lf common intention by meeting of minds is established in the facts and circumstances of the case, there need not be overt act or possession of weapon required, to establish common intention.

Oct 1, 2017 sclaw

2017(3) Law Herald (P&H) 2279 (SC) : 2017 LawHerald.Org 1217 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.…

Matrimonial

Divorce—By Mutual Consent—Waiting period of six months from date of filing application is not mandatory and is directory in nature. Divorce—By Mutual Consent—Waiving off waiting period—Court before whom proceedings are pending including Family Court/District Court can exercise the discretion. Divorce–By Mutual Consent—Waiving off waiting period— The statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties must be already over before the first motion itself.

Oct 1, 2017 sclaw

2017(3) Law Herald (P&H) 2273 (SC) : 2017 LawHerald.Org 1394 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Adarsh Kumar Goel Hon’ble Mr. Justice Uday UmeshLaiit Civil…

State Laws

Municipal Law-Demolition notice-Municipal Corporation issued notice for disconnecting of water and electricity as building was in dilapidated condition-Possession of building was with tenants

Sep 30, 2017 sclaw

2017(2) Law Herald (SC) 1538 : 2017 LawHerald.org 1050 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Mohan…

C P C

Execution of Decree—Suit for Possession—Application for demarcation of land is not maintainable before executing court.

Sep 30, 2017 sclaw

2017(2) Law Herald (SC) 1532 : 2017 Law Herald.Org 1147 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice S. Abdul Nazeer C/V/7 Appeal…

Election Laws

Election—Acceptance of withdrawal of nomination papers which were not presented by candidate or his authorized agent—Acceptance held to be illegal–Election set aside.

Sep 30, 2017 sclaw

2017(2) Law Herald (SC) 1515 : 2017 Law Herald.Org 1146 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal No.…

Supreme Court of India Judgements

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Res Judicata / Constructive Res Judicata — Applicability to SEBI Proceedings — The principles of res judicata and constructive res judicata, based on public policy ensuring finality, apply to proceedings before the Securities and Exchange Board of India (SEBI) and its Whole-Time Members (WTMs)

Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor’s report assessing quantum of loss, for the first time in a rejoinder and expect the opposing party (appellant/opposite party) to have denied it in their earlier written statement/reply

Res Judicata / Constructive Res Judicata — Applicability to SEBI Proceedings — The principles of res judicata and constructive res judicata, based on public policy ensuring finality, apply to proceedings before the Securities and Exchange Board of India (SEBI) and its Whole-Time Members (WTMs)

Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor’s report assessing quantum of loss, for the first time in a rejoinder and expect the opposing party (appellant/opposite party) to have denied it in their earlier written statement/reply

Financial assistance equivalent to ‘pay/allowances’ under Haryana Compassionate Assistance Rules must be deducted from MV Act compensation for loss of income to prevent double recovery.

An exclusive jurisdiction clause in a private employment contract, designating a competent court, is valid and enforceable, ousting jurisdiction of other courts, despite potential unequal bargaining power.

An Additional Collector empowered under the M.P. Land Revenue Code can validly permit tribal land transfer under S.165(6)(ii) (outside notified areas) after due consideration, rendering subsequent suo motu revision setting aside such permission erroneous.

Res Judicata / Constructive Res Judicata — Applicability to SEBI Proceedings — The principles of res judicata and constructive res judicata, based on public policy ensuring finality, apply to proceedings before the Securities and Exchange Board of India (SEBI) and its Whole-Time Members (WTMs)

Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor’s report assessing quantum of loss, for the first time in a rejoinder and expect the opposing party (appellant/opposite party) to have denied it in their earlier written statement/reply

Financial assistance equivalent to ‘pay/allowances’ under Haryana Compassionate Assistance Rules must be deducted from MV Act compensation for loss of income to prevent double recovery.

An exclusive jurisdiction clause in a private employment contract, designating a competent court, is valid and enforceable, ousting jurisdiction of other courts, despite potential unequal bargaining power.

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

Res Judicata / Constructive Res Judicata — Applicability to SEBI Proceedings — The principles of res judicata and constructive res judicata, based on public policy ensuring finality, apply to proceedings before the Securities and Exchange Board of India (SEBI) and its Whole-Time Members (WTMs)

Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor’s report assessing quantum of loss, for the first time in a rejoinder and expect the opposing party (appellant/opposite party) to have denied it in their earlier written statement/reply

Financial assistance equivalent to ‘pay/allowances’ under Haryana Compassionate Assistance Rules must be deducted from MV Act compensation for loss of income to prevent double recovery.

An exclusive jurisdiction clause in a private employment contract, designating a competent court, is valid and enforceable, ousting jurisdiction of other courts, despite potential unequal bargaining power.

Electricity–Payment of interest on security deposit–There is nothing in the Electricity Act or Schedule VI of Supply Act that interest must be paid on the security deposit–Any decision denying interest must be justified by cogent reasons.

Arbitrator–Appointment of–Without verifying the fact that whether notice was duly served to all the respondents–Order set aside.

Insurance–Denial of recovery of amount of insurance on the death of an insured on the ground of non disclosure of material facts in the declaration form held to be justified.

Conversion Charges–Property in question is a freehold property and it is neither allotted nor sold to her or her predecessor-in-interest by the MC or State Government–No question of demanding conversion charges for change of user arises.

Indian Penal Code, 1860, S.302 & S.34–Murder–Common Intention-Overt Act–lf common intention by meeting of minds is established in the facts and circumstances of the case, there need not be overt act or possession of weapon required, to establish common intention.

Municipal Law-Demolition notice-Municipal Corporation issued notice for disconnecting of water and electricity as building was in dilapidated condition-Possession of building was with tenants

Execution of Decree—Suit for Possession—Application for demarcation of land is not maintainable before executing court.

Election—Acceptance of withdrawal of nomination papers which were not presented by candidate or his authorized agent—Acceptance held to be illegal–Election set aside.

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Res Judicata / Constructive Res Judicata — Applicability to SEBI Proceedings — The principles of res judicata and constructive res judicata, based on public policy ensuring finality, apply to proceedings before the Securities and Exchange Board of India (SEBI) and its Whole-Time Members (WTMs)

Rejoinder — A respondent/complainant cannot introduce new factual evidence, such as a surveyor’s report assessing quantum of loss, for the first time in a rejoinder and expect the opposing party (appellant/opposite party) to have denied it in their earlier written statement/reply

Financial assistance equivalent to ‘pay/allowances’ under Haryana Compassionate Assistance Rules must be deducted from MV Act compensation for loss of income to prevent double recovery.

An exclusive jurisdiction clause in a private employment contract, designating a competent court, is valid and enforceable, ousting jurisdiction of other courts, despite potential unequal bargaining power.

Supreme Court of India Judgements