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
(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,…
Admission of document—Opportunity to explain the admission contained in the admitted document is necessarily to be given to the contesting party.
(2018) AIR(SCW) 1240 : (2018) AIR(SC) 1240 : (2018) 2 RCR(Civil) 157 : (2018) 4 Scale 378 SUPREME COURT OF INDIA DIVISION BENCH AKHILESH SINGH @ AKHILESHWAR SINGH — Appellant Vs. LAL BABU SINGH —…
Murder—Related witness—Conviction based on evidence of family members who were natural eye witnesses cannot be held to be bad merely because of non-examination of independent witness
SUPREME COURT OF INDIA DIVISION BENCH GANAPATHI — Appellant Vs. STATE OF TAMIL NADU — Respondent ( Before : N.V. Ramana and S. Abdul Nazeer, JJ. ) Criminal Appeal No. 1312 of 2008 Decided…
Murder–Eye-witness–Evidence of eye witnesses cannot be faulted merely because they ran away running away from the site of occurrence.
(2018) AIR(SC) 1916 : (2018) 2 Crimes 53 : (2018) 4 JT 227 : (2018) 5 SCALE 412 SUPREME COURT OF INDIA DIVISION BENCH KAMESHWAR SINGH — Appellant Vs. STATE OF BIHAR — Respondent (…
Agreement to Sell—Land acquired during pendency of appeal in suit for specific performance—Court to award compensation in lieu of specific performance.
(2018) AIR(SCW) 640 : (2018) AIR(SC) 640 : (2018) AllSCR 397 : (2018) 1 ALT 59 : (2018) 1 JT 307 : (2018) 1 LAR 135 : (2018) 2…
Accident—License-Driver was holding license for LMV—No separate endorsement on licence is required to drive a transport vehicle of light motor vehicle class.
(2018) 1 ACC 875 : (2018) 3 JT 111 : (2018) 2 RCR(Civil) 358 : (2018) 3 Scale 609 SUPREME COURT OF INDIA FULL BENCH JAGDISH KUMAR SOOD — Appellant Vs. UNITED INDIA…
Preventive Detention—The legislation does not require the detaining authority to specify the period for which a detenue is required to be detained
(2018) 4 JT 164 : (2018) 5 SCALE 492 SUPREME COURT OF INDIA FULL BENCH SECRETARY TO GOVERNMENT OF TAMIL NADU PUBLIC (LAW AND ORDER) REVENUE DEPARTMENT — Appellant Vs.…
SARFAESI—Right to redemption stands extinguished on the execution of the registered sale deed in favour of auction purchaser
(2018) AIR(SCW) 1286 : (2018) AIR(SC) 1286 : (2018) 3 JT 103 : (2018) 2 RCR(Civil) 359 : (2018) 3 Scale 610 SUPREME COURT OF INDIA FULL BENCH DWARIKA PRASAD — Appellant…
Transfer of Case—Convenience does not mean the convenience of the petitioner alone—It means the convenience of the prosecution, other accused, the witnesses and the larger interest of the society.
(2017) 175 AIC 221 : (2017) 4 Crimes 571 : (2017) 11 JT 549 : (2017) 3 RCR(Criminal) 882 : (2017) 5 RecentApexJudgments(RAJ) 48 : (2017) 4 SCALE 259…
IMP::: Hindu Law—Self Acquired Property—Burden of Proof—Joint Family Property—It is obligatory upon the plaintiffs to have provided that dispute existence of jointness in the family, properties claimed were self acquired properties—Plaintiff failed to adduce any kind of documentary evidence to prove their self acquisition of claimed properties nor they were able to prove the source of its acquisition- -Properties held to be joint family property.
(2017) 180 AIC 188 : (2017) AIR(SCW) 4465 : (2017) AIR(SC) 4465 : (2017) 125 ALR 876 : (2018) 1 AndhLD 141 : (2017) 3 ApexCourtJudgments(SC) 730 :…