Constitution of India, 1950 – Article – 144 – Review of application – Whether the admission is of a sale or an agreement to sell – Article 144, requires all authorities, civil and judicial in the territory of India to act in aid of the Supreme Court – It was imperative for the High Court, to have decided the questions that it was required to decide by this Court’s order dated 19-12-1997.
(1999) 9 JT 123 : (1999) 5 SCC 622 SUPREME COURT OF INDIA BHARAT BUILDER PVT. LTD. AND OTHERS — Appellant Vs. PARIJAT FLAT OWNERS COOP. HOUSING SOCIETY LTD.…
Writ petition for direction to appellants to pay interest on delayed payment of pension, DCRG and other retirement benefits – Matter settled by Lok Adalat without any compromise between parties – Impugned order set aside – Writ petition restored to its original position.
AIR 2006 SC 3089 : (2006) 111 FLR 321 : (2006) 12 JT 17 : (2006) 9 SCALE 164 : (2006) 8 SCC 364 : (2006) 7 SCR 25…
Complaint should contain averment that accused were incharge of the business of the company – Complainant bound to make statement on oath as to how offence was committed and accused persons were responsible therefor – Appellants were not Directors of the Company at the relevant time – Impugned order directing issue of process cannot be sustained and set aside.
AIR 2006 SC 3086 : (2007) 2 BC 210 : (2006) 6 CompLJ 290 : (2006) CriLJ 4602 : (2006) 12 JT 20 : (2006) 9 SCALE 212 :…
Civil Procedure Code, 1908 (CPC) – Order 23, Rule 3A – Bar to suit – Suit for Declaration and injunction – Agreement to develop plot of trust and construction of community hall – A sum of Rs. 10,000/- was paid out of a sum of Rs. 3,00,000/- payable as consideration – Categorical finding of fact that earlier suit was filed with the knowledge and consent of all the trustees not disturbed
(2006) 5 CTC 93 : (2006) 12 JT 69 : (2006) 9 SCALE 174 : (2006) 10 SCC 669 : (2006) 6 SCR 48 Supp SUPREME COURT OF INDIA…
Civil Procedure Code, 1908 (CPC) – Order 3, Rule 1 – Appointment of pleader – Consent by Advocate for appointment of arbitrator despite stand taken by appellants in their written statement – Concession made by Advocate binding on party whom he represents.
AIR 2006 SC 3335 : (2006) 3 ARBLR 603 : (2006) 12 JT 25 : (2006) 9 SCALE 217 : (2006) 8 SCC 279 : (2006) 6 SCR 93…
Civil Procedure Code, 1908 (CPC) – Order 39, Rules 1 and 2 – Temporary injunction – Court apart from finding out prima facie case would consider balance of convenience, irreparable injury and a triable issue
AIR 2006 SC 3275 : (2006) 12 JT 447 : (2006) 9 SCALE 275 : (2006) 8 SCC 367 : (2006) 6 SCR 103 Supp : (2006) AIRSCW 4773…
Despite service of notice by registered post, defendant did not appear – Court competent to ask defendant to pay portion of decretal amount while setting aside ex parte decree, but condition imposed should not be unreasonable or harshly excessive
AIR 2007 SC 67 : (2007) 1 CTC 81 : (2006) 12 JT 9 : (2006) 9 SCALE 223 : (2006) 12 SCC 104 : (2006) 7 SCR 163…
Insurance company, despite report of investigator, failed to establish that the case of appellants was not justified and not covered by insurance policy – Insurance company had approved appellant’s claim for Rs. 20,43,605/- – Insurance company directed to pay to appellants balance amount of Rs. 97,83,827/- together with interest at the rate of 9 per cent per annum from the date of claim till payment.
(2006) ACJ 2547 : AIR 2006 SC 3261 : (2006) 6 CompLJ 281 : (2006) 4 CPJ 3 : (2006) 12 JT 98 : (2006) 9 SCALE 293 :…
Division Bench of High Court held that in absence of evidence doctrine of res ipsa loquitur was not applicable – Question whether Labour Court erred in not invoking doctrine of res ipsa loquitur – Matter remitted back to Labour Court to decide applicability of res ipsa loquitur.
AIR 2006 SC 3273 : (2006) 111 FLR 364 : (2006) 3 LLJ 788 : (2006) 9 SCALE 352 : (2006) 8 SCC 52 : (2006) SCC(L&S) 1788 :…
Interpretation of Statutes—Mere use of word may or shall is not conclusive. The question whether a particular provision of a statute is directory or mandatory cannot be resolved by laying down any general rule of universal application.
2007(4) LAW HERALD (SC) 3048 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 4466 of…