Amendment of Plaint—Liberal Approach—Courts should be liberal in allowing amendment where the suit is still at initial stage
(2018) 1 JT 500 : (2018) 1 LawHerald(SC) 189 : (2018) 1 PLR 453 : (2018) 1 Scale 479 SUPREME COURT OF INDIA DIVISION BENCH N.C. BANSAL — Appellant Vs. UTTAR PRADESH FINANCIAL CORPORATION…
Land Acquisition—Compensation—More than claimed can be awarded by court to award just and fair compensation.
(2016) 161 AIC 139 : (2016) AIR(SCW) 1210 : (2016) 2 AIRJharR 144 : (2016) AIR(SC) 1210 : (2016) AllSCR 778 : (2016) 116 ALR 471 : (2016) 3 AndhLD…
Limitation Act, 1983, Article 85-Adverse Possession-Defendant being in possession as a lessee could not claim the alternate plea of adverse possession- -Respondent has no right to claim ownership over the suit property on the ground of adverse possession by taking a plea of sham transaction
(2016) 160 AIC 79 : (2016) AIR(SCW) 1433 : (2017) 1 AIRJharR 679 : (2016) AIR(SC) 1433 : (2017) AllSCR 1712 : (2016) 115 ALR 871 : (2016) 3 AndhLD…
Quashing—Loan availed through bank or financial institutions on basis of forged documents—Criminal complaint in such cases not to be quashed on compromise entered between the parties on receipt of amount dues and issuance of no due certificate by Bank.
(2016) AllSCR(Crl) 736 : (2016) 2 ApexCourtJudgments(SC) 107 : (2016) 2 CriCC 393 : (2016) 2 LawHerald 1775 : (2016) 2 LawHerald(SC) 1120 : (2016) 2 RCR(Criminal) 357 : (2016) 2 RecentApexJudgments(RAJ) 267 SUPREME…
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…