Supreme Court of India Judgements

Service

Contract Act, 1872 – Section 23 – Void contract – Agreement that employee would not claim higher salary on being promoted by stop-gap arrangement – Agreement is opposed to public policy and not valid.

Jun 2, 2017 sclaw

AIR 1998 SC 2909 : (1998) 79 FLR 657 : (1998) 3 JT 654 : (1998) 3 SCALE 388 : (1998) 5 SCC 87 : (1998) SCC(L&S) 1273 :…

C P C

Execution of sale deed – The appellants/ plaintiffs were non-suited by the High Court on the finding that the sale deed was without consideration executed and registered – The High Court has reversed the decree of the appellate Court and confirmed, though for different reasons, the decree of the trial Court.

Jun 2, 2017 sclaw

(1996) 2 AD 435 : (1996) 1 CTC 360 : (1996) 3 JT 52 : (1996) 2 SCALE 214 : (1996) 2 SCC 624 : (1996) 1 SCR 1152…

Murder

Penal Code, 1860 (IPC) – Sections 302/149 – Murder – Reversal of acquittal by High Court – Prosecution case fully corroborated by evidence of brother of deceased – Appellant identified in TIP

Jun 2, 2017 sclaw

(2011) CriLJ 2897 : (2011) 3 JCC 1559 : (2011) 5 JT 403 : (2011) 3 RCR(Criminal) 782 : (2011) 5 SCALE 139 : (2011) 4 SCR 25 :…

Cr P C

Terrorist & Disruptive Activities (Prevention) Act-Section 20(4) Charge-sheet – Limitation for filing – Computation of – It is to be counted from the next day of arrest.

Jun 2, 2017 sclaw

(1996) 1 AD 478 : AIR 1996 SC 2980 : (1996) CriLJ 1876 : (1996) 1 JT 248 : (1996) 1 SCALE 307 : (1996) 2 SCC 367 :…

C P C

Civil Procedure Code, 1908 (CPC) – Order 6, Rule 17 – Amendment of written statement, in a suit for injunction which was filed on the ground that defendant was a licencee, however the defendant pleading to be lessee

Jun 2, 2017 sclaw

AIR 2000 SC 614 : (2000) 1 CTC 163 : (1999) 10 JT 61 : (2000) 125 PLR 547 : (1999) 7 SCALE 463 : (2000) 1 SCC 712…

Contempt

Contempt—Willful disobedience—If a person has been asked to something which is impossible and if he fails to do so, he cannot be held guilty of contempt.

Jun 1, 2017 sclaw

2016(5) Law Herald (P&H) 3751 (SC) : 2016 LawHerald.Org 2356 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Anil R. Dave The Hon’ble Mr. Justice Uday Umesh…

Limitation

Limitation—Exclusion of Time—Both due diligence and good faith must be established. Limitation—Exclusion of Time—Nothing shall be deemed to be done in good faith which is not done with due care and attention.

Jun 1, 2017 sclaw

2016(5) Law Herald (P&H) 3748 (SC) : 2016 LawHerald.Org 2355 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice Rohinton Fali…

Dying Declaration

Dying Declaration–100% Burn Injuries—Not a ground in itself to discard dying declaration when there was a specific certificate from the Doctor about her mental fitness regarding capability of giving the statement.

Jun 1, 2017 sclaw

2016(5) Law Herald (P&H) 3732 (SC) : 2016 LawHerald.Org 2166 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Amitava Roy Criminal…

C P C

False Statement—Income Tax Officer is a Civil Court—Person making false statement to income tax officer during search/raid—Complaint under S. 195 CrPC is maintainable. False Statement—For a valid complaint under S.I95 of CrPC, the mandate thereof has to be essentially abided.

Jun 1, 2017 sclaw

2016(5) Law Herald (P&H) 3714 (SC) : 2016 LawHerald.Org 2368 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’ble Mr. Justice Amitava Roy…

Contempt

Contempt—Once an advocate is convicted of an offence involving moral turpitude, his licence to practice will stand suspended for a period of two years.

Jun 1, 2017 sclaw

2016(5) Law Herald (P&H) 3713 (SC) : 2016 LawHerald.Org 2367 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice Rohinton Fali Nariman…

Supreme Court of India Judgements

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Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Appointment secured on merit cannot be invalidated for an unintentional category error in a qualifying certificate if no undue advantage accrued therefrom.

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

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 Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Contract Act, 1872 – Section 23 – Void contract – Agreement that employee would not claim higher salary on being promoted by stop-gap arrangement – Agreement is opposed to public policy and not valid.

Penal Code, 1860 (IPC) – Sections 302/149 – Murder – Reversal of acquittal by High Court – Prosecution case fully corroborated by evidence of brother of deceased – Appellant identified in TIP

Terrorist & Disruptive Activities (Prevention) Act-Section 20(4) Charge-sheet – Limitation for filing – Computation of – It is to be counted from the next day of arrest.

Civil Procedure Code, 1908 (CPC) – Order 6, Rule 17 – Amendment of written statement, in a suit for injunction which was filed on the ground that defendant was a licencee, however the defendant pleading to be lessee

Contempt—Willful disobedience—If a person has been asked to something which is impossible and if he fails to do so, he cannot be held guilty of contempt.

Limitation—Exclusion of Time—Both due diligence and good faith must be established. Limitation—Exclusion of Time—Nothing shall be deemed to be done in good faith which is not done with due care and attention.

Dying Declaration–100% Burn Injuries—Not a ground in itself to discard dying declaration when there was a specific certificate from the Doctor about her mental fitness regarding capability of giving the statement.

False Statement—Income Tax Officer is a Civil Court—Person making false statement to income tax officer during search/raid—Complaint under S. 195 CrPC is maintainable. False Statement—For a valid complaint under S.I95 of CrPC, the mandate thereof has to be essentially abided.

Contempt—Once an advocate is convicted of an offence involving moral turpitude, his licence to practice will stand suspended for a period of two years.

You missed

Under Rule 17, CCS (Pension) Rules, 1972, prior contractual service counts towards pension upon subsequent regularisation, subject to the employee opting to refund/forgo specified monetary benefits.

Service of an IBC Section 8 demand notice upon Key Managerial Personnel at the Corporate Debtor’s registered office constitutes valid service on the company, emphasizing substance over technical form.

High Court’s inherent power to quash criminal proceedings precludes conducting a ‘mini trial’ by assessing evidence credibility; consistency requires acknowledging coordinate bench decisions involving co-accused.

Quashing FIR under 482 CrPC impermissible when complaint prima facie discloses cognizable offences; allegations accepted true, investigation not thwarted based on delay, civil suit, or witness status if complicity alleged.

Supreme Court of India Judgements