Civil Procedure Code, 1908, O.32 R.I–Suit by Minor-Next friend-Where the suit is filed on behalf of the minor, no permission or leave of the court is necessary for the next friend to institute the suit, whereas if the suit is filed against a minor, it is obligatory for the plaintiff to get the appropriate guardian ad litem appointed by the court for such minor
(2018) AIR(SCW) 459 : (2018) AIR(SC) 459 : (2018) 1 LawHerald(SC) 177 : (2018) 1 Scale 210 SUPREME COURT OF INDIA DIVISION BENCH NAGAIAH — Appellant Vs. CHOWDAMMA (DEAD) BY LRS. — Respondent (…
Decree for Partition—Appellant having not challenged the preliminary decree, may challenge the final decree.
(2018) 1 JT 186 : (2018) 1 LawHerald(SC) 171 SUPREME COURT OF INDIA DIVISION BENCH ESABELLA — Appellant Vs. C. THANKARAJAN — Respondent ( Before : Kurian Joseph and Amitava Roy, JJ. )…
Divorce—By Mutual Consent—After filing of joint petition wife did not turned up or conveyed has intentions—Keeping in view the conduct of wife and irretrievable break down of marriage petition u/s 13-B allowed in absence of wife.
(2018) AIR(SCW) 202 : (2018) AIR(SC) 202 : (2018) AllSCR 176 : (2018) 1 ALT 1 : (2018) 1 AndhLD 30 : (2018) 1 DMC 149 : (2017) 12 JT…
Constitution of India, Art. 226-Public Interest Litigation-Filing of successive writ petitions on same cause of action—Contempt-Allegation against sitting Judges of Supreme Court in bribery case- Petition dismissed with costs of Rs. 25 lakhs-Contempt of Courts Act, 1971.
(2017) 14 Scale 18 : (2017) 6 RecentApexJudgments(RAJ) 318 : (2018) 1 RCR(Criminal) 99 : (2018) AllSCR(Crl) 23 : (2018) 1 LawHerald(SC) 163 : (2018) 1 SCC 589 SUPREME COURT OF INDIA FULL BENCH…
Dishonour of Cheque—Offence by company—Director cannot get the complaint against him quashed merely on the ground that apart from the basic averment no particulars are given in the complaint about his role, because ordinarily the basic averment would be sufficient to send him to trial.
(2016) ACD 474 : (2016) 94 ACrC 973 : (2016) 162 AIC 203 : (2016) 2 AICLR 896 : (2016) AIR(SCW) 1750 : (2016) AIR(SC) 1750 : (2016) ALLMR(Cri) 2238…
Agreement to Sell-Specific Performance-Land was allotted to seller with a condition that it would not be transferred for 10 years-No decree of specific performance can be passed on such agreement to sell-Impugned order granting decree set aside-Earnest money to be refunded with 6% interest.
(2016) 160 AIC 257 : (2016) AIR(SCW) 737 : (2016) AIR(SC) 737 : (2016) AllSCR 421 : (2016) 2 AllWC 1615 : (2016) 116 ALR 558 : (2016) 2 AndhLD…
Penal Code, 1860 (IPC) — Sections 363, 365, 34 — Kidnapping — High Court order allowed the petition and granted anticipatory bail to them — Appeal- Sessions Judge examined the case diary and found that the witnesses examined by the IO during the investigation had supported the case of the prosecution. The victim boy has not been traced so far — High Court without assigning any reasons has granted the anticipatory bail. Having regard to the nature and gravity of the accusations — High Court was not justified in granting anticipatory bail — Appeal allowed.
2017) AllSCR(Crl) 1831 : (2017) 4 CriCC 827 : (2017) CriLR 1037 : (2017) 4 ECrC 316 : (2017) 4 JLJR 143 : (2017) 4 LawHerald(SC) 2616 : (2018) 1 NCC 125 : (2017)…
Essential Commodities Act , 1955 Section 7 – Release on probation – Sentence 3 months RI – First offenders have no criminal antecedents– Sentence set aside — To be dealt with under Section 360 Cr PC – Probation of Offenders Act, 1958
(2017) 68 OrissaCriR 994 : (2017) 4 LawHerald(SC) 2615 : (2017) 4 Crimes 164 : (2017) CriLR 1153 : (2017) 4 BLJud 169 : (2017) 3 ApexCourtJudgments(SC) 702 : (2017) 180 AIC 19 :…
Attempt to murder — Accused fired gunshots without pre-meditation on non vital parts of body — Intention to kill not proved– Accused acquitted under S 307 convicted under 324 IPC– Sentence already undergone.
(2017) 4 LawHerald(SC) 2613 : (2017) 4 Crimes 163 : (2017) 4 BomCR(Cri) 794 : (2017) 4 BLJud 170 : (2017) 68 OrissaCriR 993 : (2017) AllSCR(Crl) 1866 : (2017) 4 CalCriLR 366 :…
Written statement – CPC Or 8 r 1 and Section 35 — High court remanded case to trial court with subject to payment of costs — Order upheld
(2017) 178 AIC 216 : (2017) 124 ALR 906 : (2017) 3 ARC 348 : (2017) 3 HLT 289 : (2018) 1 ICC 240 : (2017) 4 JCR 313 :…