Supreme Court of India Judgements

Extent of share—In absence of terms and conditions of the joint venture having not been reduced to writing, conduct of the parties how they dealt with affairs of the business would be relevant.

Apr 30, 2017 sclaw

2007(3) LAW HERALD (SC) 2505 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 7318 of…

Civil Cases

Agreement to sell—During pendency of suit, contract becomes impossible—Specific performance of such contract not possible.

Apr 30, 2017 sclaw

2007(3) LAW HERALD (SC) 2503 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 814…

State Laws

District Development Officer who is vested with the executive powers of the District Panchayat is not required to obtain prior or even subsequent orders of the President of the District Panchayat.

Apr 30, 2017 sclaw

2007(3) LAW HERALD (SC) 2489 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C. K. Thakker The Hon’ble Mr. JusticeP.K. Balasubramanyan Civil Appeal No. 3340 of…

C P C

Injunction–Since a Bank Guarantee or a Letter of Credit is an independent and a separate contract and is absolute in nature, the existence of any dispute between the parties to the contract is not a ground for issuing an order of injunction to restrain its enforcement of.

Apr 30, 2017 sclaw

2007(3) LAW HERALD (SC) 2481 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterji The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3522 of 2007…

C P C

Having regard to the fact that the application filed by the plaintiffs permission to sue as an indigent person remained pending for over 10 years–The application moved by the defendant for setting aside the order to proceed ex-parte against it deserved to be allowed.

Apr 29, 2017 sclaw

2007(3) LAW HERALD (SC) 2480 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3551 of…

Cr P C

Murder–Acquittal–Mere fact that the co-accused had been acquitted is not sufficient to discard the prosecution version in its totality.

Apr 29, 2017 sclaw

2007(3) LAW HERALD (SC) 2478 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1049-1050 of…

Arbitration

Arbitrator–Appointment of–International transaction–Parties agreed to decide all matters as per British Rules of Arbitration–Not possible for Court to substitute it with Act of 1996.

Apr 29, 2017 sclaw

2007(3) LAW HERALD (SC) 2474 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia Arbitration Petition No. 8 of 2007 (Under Section 11 (6) of…

I P C

FIR–Delay in lodging FIR by itself would not be sufficient to discard the prosecution version unless it is unexplained and such delay coupled with the likelihood of concoction of evidence.

Apr 29, 2017 sclaw

2007(3) LAW HERALD (SC) 2470 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1020 of…

Corporate

Recovery of Loan–Stock pledged with Bank–Stock sold for recovery of loan–Claim of workmen and suppliers–In absence of liquidation they are unsecured creditors and their rights cannot prevail over the rights of the pawnee/Bank of the goods.

Apr 29, 2017 sclaw

2007(3) LAW HERALD (SC) 2463 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3499-3500 of…

Evidence Act

Circumstantial Evidence—The conditions precedent, before conviction could be based on circumstantial evidence, must be fully established.

Apr 28, 2017 sclaw

2007(3) LAW HERALD (SC) 2458 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. JusticeLokeshwar Singh Panta Criminal Appeal No. 1003 of…

Supreme Court of India Judgements

Latest Post

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

In child custody cases, the lawpoint is that the welfare of the minor child is the paramount consideration, and a Habeas Corpus writ petition is maintainable only when the child’s detention is proven illegal or without legal authority

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

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

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Extent of share—In absence of terms and conditions of the joint venture having not been reduced to writing, conduct of the parties how they dealt with affairs of the business would be relevant.

Agreement to sell—During pendency of suit, contract becomes impossible—Specific performance of such contract not possible.

District Development Officer who is vested with the executive powers of the District Panchayat is not required to obtain prior or even subsequent orders of the President of the District Panchayat.

Injunction–Since a Bank Guarantee or a Letter of Credit is an independent and a separate contract and is absolute in nature, the existence of any dispute between the parties to the contract is not a ground for issuing an order of injunction to restrain its enforcement of.

Having regard to the fact that the application filed by the plaintiffs permission to sue as an indigent person remained pending for over 10 years–The application moved by the defendant for setting aside the order to proceed ex-parte against it deserved to be allowed.

Murder–Acquittal–Mere fact that the co-accused had been acquitted is not sufficient to discard the prosecution version in its totality.

Arbitrator–Appointment of–International transaction–Parties agreed to decide all matters as per British Rules of Arbitration–Not possible for Court to substitute it with Act of 1996.

FIR–Delay in lodging FIR by itself would not be sufficient to discard the prosecution version unless it is unexplained and such delay coupled with the likelihood of concoction of evidence.

Recovery of Loan–Stock pledged with Bank–Stock sold for recovery of loan–Claim of workmen and suppliers–In absence of liquidation they are unsecured creditors and their rights cannot prevail over the rights of the pawnee/Bank of the goods.

Circumstantial Evidence—The conditions precedent, before conviction could be based on circumstantial evidence, must be fully established.

You missed

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Supreme Court of India Judgements