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Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period. Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later. Motor Vehicles Act, 1988 — Section 166 and 140 — Compensation for death in motor vehicular accident — Negligence — Truck stationed on road at night without warning lights or indicators — Wagon-R car collided from behind — Held, truck driver was negligent in leaving the vehicle unattended on the road without adequate precautionary measures, which was the proximate cause of the accident. Motor Vehicles Act, 1988 — Section 166 — Motor Accident Claims Tribunal — Compensation — Enhancement — High Court enhanced compensation, but calculation of future prospects and omission of certain awarded amounts were infirmities — Supreme Court addressed these infirmities. Penal Code, 1860 (IPC) — Sections 420, 467, 468, 471 — Forgery and use of forged documents in judicial proceedings — Appeal confined to quantum of sentence, conviction upheld — Occurrence of offence in 2014, appellant facing proceedings for over a decade, no prior or subsequent criminal antecedents, forged document detected at early stage, no irreversible consequences — These factors warrant reconsideration of substantive sentence on grounds of proportionality and mitigating circumstances.
State Laws

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.

Jun 24, 2026 sclaw
Specific Performance

Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.

Jun 24, 2026 sclaw
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
State Laws
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.
Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.
Specific Performance
Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.
Motor Vehicles Act, 1988 — Section 166 and 140 — Compensation for death in motor vehicular accident — Negligence — Truck stationed on road at night without warning lights or indicators — Wagon-R car collided from behind — Held, truck driver was negligent in leaving the vehicle unattended on the road without adequate precautionary measures, which was the proximate cause of the accident.
Accident
Motor Vehicles Act, 1988 — Section 166 and 140 — Compensation for death in motor vehicular accident — Negligence — Truck stationed on road at night without warning lights or indicators — Wagon-R car collided from behind — Held, truck driver was negligent in leaving the vehicle unattended on the road without adequate precautionary measures, which was the proximate cause of the accident.
Motor Vehicles Act, 1988 — Section 166 — Motor Accident Claims Tribunal — Compensation — Enhancement — High Court enhanced compensation, but calculation of future prospects and omission of certain awarded amounts were infirmities — Supreme Court addressed these infirmities.
Accident
Motor Vehicles Act, 1988 — Section 166 — Motor Accident Claims Tribunal — Compensation — Enhancement — High Court enhanced compensation, but calculation of future prospects and omission of certain awarded amounts were infirmities — Supreme Court addressed these infirmities.
Narcotics

Narcotics—Personal Search—Accused posed faith in raiding party and gave written consent for being searched by raiding party—Held; this does not satisfy the requirement of S.50 NDPS Act—Accused acquitted. Narcotics—Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.

Jul 24, 2018 sclaw

  2018(2) Law Herald (SC) 465 : 2018 LawHerald.Org 925  SUPREME COURT OF INDIA DIVISION BENCH ARIF KHAN @ AGHA KHAN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : R.K. Agrawal and…

Accident

Accident—Negligence—Merely on the basis of the spot as per site map where the vehicle was found lying after the accident, it cannot be assumed that the appellant was driving the vehicle on the wrong side on the road at the relevant time Accident—Claim Petition—Non-examination of witness perse cannot be treated as fatal to the claim Accident—Claim Petition—Even when the accused were to be acquitted in the criminal case, the same may be no effect on the assessment of the liability to pay in claim before the tribunal

Jul 23, 2018 sclaw

(2018) 2 ACC 118 : (2018) AIR(SC) 1900 : (2018) DNJ 478 : (2018) 4 JT 114 : (2018) 5 SCALE 363 SUPREME COURT OF INDIA DIVISION BENCH MANGLA RAM — Appellant…

Property Matters

Transfer of Property Act, 1882, S.54–Sale Deed-Execution of–Suit for partition—Ancestral property-Contention that sale deed executed by her father ‘D’ ‘was obtained by fraud as he was not keeping good health-Held; Sub-Registrar, who had registered the documents stated that the sale deed was executed by ‘D’ after he had explained to the parties about contents of sale deed-Attesting witnesses nowhere stated that ‘D’ was not in good state of mind at time of execution—No medical evidence has been produced in support of ill health of testator—Appeal dismissed.

Jul 21, 2018 sclaw

2018(2) Law Herald (SC) 227 : 2018 LawHerald.Org 897   SUPREME COURT OF INDIA DIVISION BENCH KRISHNA DEVI — Appellant Vs. KESHRI NANDAN — Respondent ( Before : N.V. Ramana and S.…

Limitation

Punjab Limitation (Custom) Act—Commencement of Limitation period–The date on which the decree is drawn would be the relevant date for commencement of limitation period—Mere passing of the judgment by the Court is not enough Limitation—Exclusion of Time—The expanse of Section 14 of the Act, is not limited to mere jurisdictional issue but also other cause of a like nature.

Jul 18, 2018 sclaw

2018(2) Law Herald (SC) 280 (2018) 4 JT 10 : (2018) 2 RCR(Civil) 745 : (2018) 5 SCALE 201 SUPREME COURT OF INDIA DIVISION BENCH MOHINDER SINGH (DEAD) — Appellant Vs. PARAMJIT SINGH —…

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State Laws

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 — Section 154 — Transfer of land in contravention of ceiling limit — Not void ipso facto — Capable of ratification — Legality of transfer to be judged by law on date of execution — Sale deed executed on 04.06.1957 — Ceiling limit then was 30 acres, subsequently amended to 12.5 acres retrospectively from 01.07.1952 — Transfer in contravention of Section 154 not void but voidable at instance of Gaon Sabha coupled with liability for ejectment of transferee under Section 163 — No suit filed for ejectment within limitation period.

Jun 24, 2026 sclaw
Specific Performance

Specific Relief Act, 1963 — Section 16(c) — “Readiness and Willingness” — Relief of specific performance is equitable and discretionary — Plaintiff must specifically aver and prove continuous readiness and willingness to perform obligations — Failure to do so disentitles plaintiff to relief — “Readiness” refers to financial capacity, “Willingness” to conduct and intention — Both cumulatively must be seen — Conduct of plaintiff prior and subsequent to suit, along with attending circumstances, must be considered — Availability of funds must be proved with reference to relevant time, not by documents created much later.

Jun 24, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 166 and 140 — Compensation for death in motor vehicular accident — Negligence — Truck stationed on road at night without warning lights or indicators — Wagon-R car collided from behind — Held, truck driver was negligent in leaving the vehicle unattended on the road without adequate precautionary measures, which was the proximate cause of the accident.

Jun 24, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 166 — Motor Accident Claims Tribunal — Compensation — Enhancement — High Court enhanced compensation, but calculation of future prospects and omission of certain awarded amounts were infirmities — Supreme Court addressed these infirmities.

Jun 24, 2026 sclaw