Supreme Court of India Judgements

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Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief. Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted. Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property. Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force. Consumer Protection Act, 2019 — Deficiency of Service — Maintenance Contractor’s Liability — Elevator Malfunction — Comprehensive maintenance contractor, being both manufacturer and repair contractor with exclusive technical knowledge of safety interlocks and brake mechanisms, held principally deficient in service for failing to act on its own identified remedy (voltage stabiliser) despite repeated notice of persistent malfunction over several months preceding fatal accident.
Specific Performance

Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.

Aug 1, 2026 sclaw
Acquittal

Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.

Aug 1, 2026 sclaw
Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.
Specific Performance
Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.
Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.
Acquittal
Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Will & Succession
Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
Service
Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.
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 —…

I P C

Rape—False promise to marry—Parties lived together like a married couple for long years—Sexual intercourse in the course of such a relationship cannot be termed as ‘rape’—Proceedings quashed

Jul 14, 2018 sclaw

2018(2) Law Herald (SC) 303 : 2018 LawHerald.Org 883 IN THE SUPREME COURT OF INDIA           CRIMINAL APPELLATE JURISDICTION                                         CRIMINAL APPEAL NO.504   OF 2018                                    (Arising out of SLP(Crl.)…

C P C

Bar to Suit—Cause of Action—Relief of specific performance cannot be claimed along with relief of permanent injunction in same suit Withdrawal of suit—Bar to Suit—If the order granting permission to withdraw the suit does not specifically mention the fact of granting liberty to the plaintiff to file a fresh suit then filing of the second suit on different cause of action is not hit by O.2 R.2 CPC

Jul 14, 2018 sclaw

(2018) 2 RCR(Civil) 782 : (2018) 5 SCALE 615 SUPREME COURT OF INDIA DIVISION BENCH SUCHA SINGH SODHI (D) — Appellant Vs. BALDEV RAJ WALIA — Respondent ( Before : R.K. Agrawal and Abhay Manohar Sapre,…

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Specific Performance

Specific Relief Act, 1963 — Section 20 — Specific performance — Discretionary and equitable relief — Clean hands — Grant of specific performance is discretionary, not automatic even where a valid contract subsists; a plaintiff must approach the Court with clean hands. Where the plaintiff’s spouse lodged a criminal complaint seeking recovery of the advance paid, alleging the vendor fraudulently suppressed a subsisting injunction, while simultaneously maintaining a civil suit for specific performance, such conduct amounts to blowing “hot and cold” and disentitles the plaintiff to equitable relief.

Aug 1, 2026 sclaw
Acquittal

Criminal Procedure Code, 1973 (CrPC) — Section 299 — Absence of order — Effect on conviction — Where no order under S. 299 was ever passed at the stage the co-accused was tried (case having been split due to abscondence), the earlier deposition of a witness (since deceased) could not be relied upon to convict the accused apprehended and tried years later; identification by surviving eyewitnesses being doubtful and other witnesses having turned hostile, conviction based on such uncorroborated prior testimony unsustainable — appellant acquitted.

Aug 1, 2026 sclaw
Will & Succession

Hindu female’s property devolves equally on husband and daughter separately; gift of undivided coparcenary share needs no co-owner’s consent. A. Hindu Succession Act, 1956 — Section 15(1)(a) — Devolution of Female Intestate’s Property — Properties of a Hindu female dying intestate devolve, in the absence of sons/daughters’ issue predeceasing her, upon her husband and daughter in equal shares under Section 15(1)(a); such undivided share in the husband’s hands does not partake the character of coparcenary property.

Jul 30, 2026 sclaw
Service

Armed Forces — Air Force Order No. 33/2017 — Prior Permission for Civil Post — Mandatory Nature — Requirement of seeking prior permission before applying for a civil post, and subsequent grant of NOC, held mandatory and not merely procedural/directory, since AFO 33/2017 has necessary nexus with regulating premature discharge of Airmen and its object of maintaining operational preparedness of the Air Force.

Jul 30, 2026 sclaw