Supreme Court of India Judgements

January 19, 2025 8:47 pm

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High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18 A decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance under Section 125 of the Cr.P.C., and the court must assess whether the wife had sufficient reason to refuse to live with her husband despite the decree

C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw

Maintenance

A decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance under Section 125 of the Cr.P.C., and the court must assess whether the wife had sufficient reason to refuse to live with her husband despite the decree

Jan 12, 2025 sclaw

C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Service

Army Rules, 1954 – Rule 13(3)(III)(v) – Discharge from service – Offences for which the red ink entries are awarded, cannot be said to be such gross misconduct which would make the appellant indiscipline and liable to be discharged from service and that too, after a period of long service rendered by him – Order of discharge is wholly unjustified and not sustainable at law – Appeal allowed.

Consumer

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

Acquittal

(IPC) – Section 409 – Criminal breach of trust by public servant, or by banker, merchant or agent -‘criminal breach of trust’ is defined under Section 405 IPC which provides, inter alia, that whoever being in any manner entrusted with property or with any dominion over a property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property contrary to law, or in violation of any law prescribing the mode in which such trust is to be discharged, or contravenes any legal contract, express or implied, etc. shall be held to have committed criminal breach of trust

Service

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Constitution

Encroachment – Unauthorized Construction–An order made in favour of a person in violation of the prescribed procedure cannot form a legal premise for any other person to claim parity with the said illegal or irregular order.

Jul 17, 2017 sclaw

2007(5) LH (SC) 3411 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Arijit Pasayat The Hon’ble Mr. Jusitce D.K. Jain Civil Appeal No. 4732 of 2007…

Acquittal Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 319 – Summoning of additional accused – Powers of Court – Nature and exercise of – Power to summon an accused is an extraordinary power conferred on the Court. It should be used very sparingly and only if compelling reasons exist for taking cognizance against other person against whom action has not been taken.

Jul 16, 2017 sclaw

AIR 2004 SC 4298 : (2004) CriLJ 4185 : (2004) 7 JT 509 : (2004) 7 SCALE 282 : (2004) 7 SCC 792 : (2004) 3 SCR 894 Supp…

Constitution Evidence Act

The case of the Appellants and the Writ Petitioners, in most of the cases, is based on the doctrine of promissory estoppel on the basis of a promise apparently made by the Respondents to the land owners that they would be granted dealerships in lieu of the lands offered by them for setting up of the retail outlets

Jul 16, 2017 sclaw

(2013) 8 AD 665 : (2013) 10 JT 304 : (2013) 8 SCALE 762 : (2014) 1 SCC 201 SUPREME COURT OF INDIA MOHD. JAMAL — Appellant Vs. UNION…

Acquittal I P C

Criminal Procedure Code, 1973 (CrPC) – Section 378 – Appeal – Acquittal – Interference with possible reasonable view – Sole testimony of complainant alleged to have been beaten by the accused persons – The complainant reaching the place of occurrence by chance – Improbability of prosecution case – Order of acquittal, restored.

Jul 16, 2017 sclaw

AIR 1977 SC 1213 : (1977) 4 SCC 598(1) SUPREME COURT OF INDIA JIMMY HOMI BHARUCHA — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : S. Murtaza…

Land Acquisition

Land Acquisition Act, 1894 – Section 18 – Determination of compensation – Land Acquisition Officer awarded compensation at Rs. 80 per square metre – Reference Court enhanced to Rs. 270 per square metre – Award restored by High Court – Sale instances referred to by Reference Court are of developed lands

Jul 16, 2017 sclaw

(2007) 4 CTC 601 : (2007) 10 JT 196 : (2007) 10 SCALE 89 : (2007) 7 SCC 614 : (2007) 9 SCR 32 SUPREME COURT OF INDIA GAFAR…

Labour Cases

Industrial Disputes Act, 1947 – Sections 25F and 2(oo)(bb) – Casual Job – Termination – Matter remit to tribunal for fresh considerations.

Jul 16, 2017 sclaw

(2007) 114 FLR 1037 : (2007) 11 SCC 30 : (2008) 1 SCC(L&S) 669 : (2007) 8 SCR 403 SUPREME COURT OF INDIA MICROWAVE PROJECT, KOTA AND ANOTHER —…

Acquittal I P C

Penal Code, 1860 (IPC) – Sections 306, 107, 109 – Abetment of suicide – Ingredients of offence – Prosecution must prove direct or indirect acts of incitement to commission of suicide – Mere allegations of harassment would not be sufficient

Jul 16, 2017 sclaw

AIR 2007 SC 2457 : (2007) 4 CTC 158 : (2007) 8 SCALE 591 : (2007) 10 SCC 797 : (2007) 7 SCR 1051 : (2007) AIRSCW 4380 :…

Land Acquisition

Land Acquisition Act, 1894 – Sections 18 and 28A(3) – Acquisition of land – Compensation – A person who has not accepted award made under Section 28A(2) is not precluded from making an application to Collector with request to refer matter to Court

Jul 16, 2017 sclaw

(2010) 11 JT 45 : (2011) 1 RCR(Civil) 149 : (2010) 10 SCC 650 SUPREME COURT OF INDIA V. RAMAKRISHNA RAO — Appellant Vs. THE SINGARENI COLLIERIES COMPANY LTD.…

Rent

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 – Section – 12(3)(a), 12(3)(b) – Possession of the suit premises – Predecessor in interest of the respondents instituted a suit under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Act) for possession of the suit premises against the appellants-tenants.

Jul 16, 2017 sclaw

(1995) 7 JT 400 : (1995) 5 SCALE 481 : (1995) 6 SCC 576 SUPREME COURT OF INDIA LAXMIKANT REVCHAND BHOJWANI AND ANOTHER — Appellant Vs. PRATAPSING MOHANSINGH PARDESHI…

Property Matters

Transfer of Property Act, 1882 – Section 76(c) – Mortgage – Redemption of – Mortgagee claiming himself to be in occupation of land as tenant – No consent of mortgagor for creation of tenancy by mortgagee – In terms of mortgage deed – Mortgagee neither managed property as a tenant nor inherited tenancy rights under Tenancy Act – Mortgagee cannot claim any tenancy right in respect of land.

Jul 16, 2017 sclaw

(2001) 1 JT 401 : (2000) 8 SCALE 463 : (2000) 5 SCR 756 Supp : (2001) AIRSCW 9 SUPREME COURT OF INDIA PURAN CHAND (D) THROUGH LRS. AND…

You missed

C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw