Supreme Court of India Judgements

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…

Service

Dismissal—False document—Punishment modified from dismissal to termination from service, in view of good career of 27 years and his expertise.

Jul 15, 2017 sclaw

2007(5) LH (SC) 3409 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. 4842 of 2007…

Cheque Dishonour

Dishonour of Cheque–Notice–An omnibus notice without specifying as to what was the amount due under the dishonoured cheque would not subserve the requirement of law. Dishonour of Cheque–Notice–Demand of payment within 10 days–Whether notice valid ? YES. Dishonour of Cheque–Notice–Unless a notice is served in conformity with Proviso (b) appended to Section 138 of the Act, the complaint petition would not be maintainable.

Jul 13, 2017 sclaw

2007(5) LH (SC) 3404 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 525 of 2005…

I P C

Attempt to Murder—First part thereof does not contemplate that receipt of any injury on the part of the victim is a pre-requisite for convicting an accused thereunder.

Jul 13, 2017 sclaw

2007(4) LAW HERALD (SC) 3389 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1427…

Dowry Death

Dowry Death—Dowry demand—Defence version that since the accused possessed scooter as well as motorcycle, there was no necessity to make demand of scooter ; is totally irrelevant. Remarks by Judge—If that part of the evidence is not consistent with the facts on record, the Court may not accept it. But only for that reason, the Court should not make disparaging remarks.

Jul 12, 2017 sclaw

2007(4) LAW HERALD (SC) 3380 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce C.K. Thakker The Hon’ble Mr. Jusitce P. Sathasivam Criminal Appeal No. 1612 of…

Supreme Court of India Judgements

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Under Sections 34/37 of Arbitration Act, 1996, courts lack power to modify awards but can set aside, partially set aside (sever) severable parts, or correct computational/clerical errors.

Courts must strictly enforce building laws, order demolition of unauthorized structures, and refuse regularization pleas from violators, upholding the rule of law.

Under Sections 34/37 of Arbitration Act, 1996, courts lack power to modify awards but can set aside, partially set aside (sever) severable parts, or correct computational/clerical errors.

Courts must strictly enforce building laws, order demolition of unauthorized structures, and refuse regularization pleas from violators, upholding the rule of law.

The Right to Life (Art 21) includes digital access; inaccessible digital KYC processes violate this and the RPwD Act, mandating regulators ensure accessible alternatives and reasonable accommodation.

An Arbitral Tribunal possesses the power under Section 16, Arbitration Act, 1996, based on consent principles in Sections 2(1)(h) & 7, to implead non-signatories bound by arbitration agreement.

Under Sections 34/37 of Arbitration Act, 1996, courts lack power to modify awards but can set aside, partially set aside (sever) severable parts, or correct computational/clerical errors.

Courts must strictly enforce building laws, order demolition of unauthorized structures, and refuse regularization pleas from violators, upholding the rule of law.

The Right to Life (Art 21) includes digital access; inaccessible digital KYC processes violate this and the RPwD Act, mandating regulators ensure accessible alternatives and reasonable accommodation.

An Arbitral Tribunal possesses the power under Section 16, Arbitration Act, 1996, based on consent principles in Sections 2(1)(h) & 7, to implead non-signatories bound by arbitration agreement.

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 Sections 34/37 of Arbitration Act, 1996, courts lack power to modify awards but can set aside, partially set aside (sever) severable parts, or correct computational/clerical errors.

Courts must strictly enforce building laws, order demolition of unauthorized structures, and refuse regularization pleas from violators, upholding the rule of law.

The Right to Life (Art 21) includes digital access; inaccessible digital KYC processes violate this and the RPwD Act, mandating regulators ensure accessible alternatives and reasonable accommodation.

An Arbitral Tribunal possesses the power under Section 16, Arbitration Act, 1996, based on consent principles in Sections 2(1)(h) & 7, to implead non-signatories bound by arbitration agreement.

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

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

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

Dismissal—False document—Punishment modified from dismissal to termination from service, in view of good career of 27 years and his expertise.

Attempt to Murder—First part thereof does not contemplate that receipt of any injury on the part of the victim is a pre-requisite for convicting an accused thereunder.

You missed

Under Sections 34/37 of Arbitration Act, 1996, courts lack power to modify awards but can set aside, partially set aside (sever) severable parts, or correct computational/clerical errors.

Courts must strictly enforce building laws, order demolition of unauthorized structures, and refuse regularization pleas from violators, upholding the rule of law.

The Right to Life (Art 21) includes digital access; inaccessible digital KYC processes violate this and the RPwD Act, mandating regulators ensure accessible alternatives and reasonable accommodation.

An Arbitral Tribunal possesses the power under Section 16, Arbitration Act, 1996, based on consent principles in Sections 2(1)(h) & 7, to implead non-signatories bound by arbitration agreement.

Supreme Court of India Judgements