Supreme Court of India Judgements

Urban Land–State has not taken possession of surplus land–Proceeding came to be abated under Repeal Act.

Apr 23, 2017 sclaw

2007(3) LAW HERALD (SC) 2276 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 632…

Cr P C

Inherent jurisdiction—It is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. Charges have been framed, therefore question of quashing of FIR does not arise.

Apr 23, 2017 sclaw

2007(3) LAW HERALD (SC) 2272 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat, C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal…

I P C

Quashing—Loan from bank on forged documents—Continuance of the criminal proceedings, after a compromise has been arrived at between the complainant and the accused, would amount to abuse of process of Court and an exercise in futility.

Apr 23, 2017 sclaw

2017(1) Law Herald (P&H) 855 (SC) : 2017 LawHerald.Org 666 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’ble Mr. Justice Amitava Roy…

Service

Court has construed the provisions of Section 7 of the Punjab Privately Managed Recognised Schools Employees (Security of Service) Act, 1979 and has laid down that under the said section in the matter of pay scales and dearness allowance parity has been granted to teachers working in the privately managed schools with the teachers working in the government schools and that other conditions of services relating to the teachers working in the government schools were not extended to teachers employed in privately managed schools.

Apr 23, 2017 sclaw

(1998) 9 JT 460 : (1997) 11 SCC 202 : (1998) SCC(L&S) 113 SUPREME COURT OF INDIA STATE OF PUNJAB AND ANOTHER — Appellant Vs. SATISH KUMAR DUGGAL AND…

I P C

Penal Code, 1860 (IPC)-Sections 300 and 304 Part I – Murder or culpable homicide – Determination – Accused assaulted deceased in sudden fight and after giving one blow took to his heels – He not acted in cruel or unusual manner –

Apr 23, 2017 sclaw

(1996) 6 AD 418 : AIR 1996 SC 3513 : (1996) CriLJ 4142 : (1996) 3 Crimes 258 : (1996) 7 JT 644 : (1996) 6 SCALE 315 :…

Property Matters

Pepsu Tenancy and Agricultural Lands Act, 1955 – Section – 7A, 7A(2), 7A(1), 22 – Civil Procedure Code, 1908 (CPC) – Section – 11 – Ejectment of the tenant – A tenant, by operation of Section 22 acquires right to purchase proprietary rights of the landlord –

Apr 23, 2017 sclaw

(1996) 9 JT 135 : (1996) 8 SCALE 327 : (1997) 11 SCC 206 : (1996) 7 SCR 421 Supp : (1997) 1 UJ 421 SUPREME COURT OF INDIA…

Service

In the absence of any scheme of regularisation and in the absence of any regular work being available for the posts of which the respondents claim regularisation, we do not see how the Tribunal could have granted any order directing regularisation of the services of the respondents.

Apr 23, 2017 sclaw

(1998) 9 JT 272 : (1997) 11 SCC 228 : (1998) SCC(L&S) 122 SUPREME COURT OF INDIA UNION OF INDIA (UOI) — Appellant Vs. UMA MAHESWARI AND OTHERS —…

Arbitration

Arbitration Act, 1940 – Section 30 – Arbitrator – Appointment of – Dispute relating to contract for construction of quarters – Erstwhile officer of undertaking who had dealt with matter and had correspondence with contractor at relevant time cannot continue as arbitrator – Proposal not fair to either party.

Apr 23, 2017 sclaw

AIR 2001 SC 1179 : (2001) 3 JT 293 : (2001) 2 SCALE 159 : (1995) 1 SCALE 705 : (2001) 4 SCC 86 : (2001) 1 SCR 1152…

Corporate

Words and phrases – Proceedings – Includes proceedings at appellate stage – The legal pursuit of a remedy, suit appeal and second appeal are really steps in a series of proceedings all connected by an intrinsic unity and are to be regarded as one legal proceeding.

Apr 23, 2017 sclaw

AIR 1999 SC 999 : (1999) 152 CTR 172 : (1999) 111 ELT 4 : (1999) 236 ITR 691 : (1999) 1 JT 481 : (1999) 1 SCALE 485 :…

Civil Cases

General Clauses Act, 1897 – Section 6 – Repeal – Effect on pending proceedings – Procedure for pending applications – In the absence of a saving clause the old statute stands completely obliterated from the statute book except for past or saved actions.

Apr 23, 2017 sclaw

(1996) 7 AD 490 : AIR 1997 SC 412 : (1996) 8 JT 356 : (1996) 7 SCALE 31 : (1997) 1 SCC 650 : (1996) 6 SCR 172…

Supreme Court of India Judgements

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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).

Urban Land–State has not taken possession of surplus land–Proceeding came to be abated under Repeal Act.

Inherent jurisdiction—It is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. Charges have been framed, therefore question of quashing of FIR does not arise.

Quashing—Loan from bank on forged documents—Continuance of the criminal proceedings, after a compromise has been arrived at between the complainant and the accused, would amount to abuse of process of Court and an exercise in futility.

Penal Code, 1860 (IPC)-Sections 300 and 304 Part I – Murder or culpable homicide – Determination – Accused assaulted deceased in sudden fight and after giving one blow took to his heels – He not acted in cruel or unusual manner –

Pepsu Tenancy and Agricultural Lands Act, 1955 – Section – 7A, 7A(2), 7A(1), 22 – Civil Procedure Code, 1908 (CPC) – Section – 11 – Ejectment of the tenant – A tenant, by operation of Section 22 acquires right to purchase proprietary rights of the landlord –

In the absence of any scheme of regularisation and in the absence of any regular work being available for the posts of which the respondents claim regularisation, we do not see how the Tribunal could have granted any order directing regularisation of the services of the respondents.

Words and phrases – Proceedings – Includes proceedings at appellate stage – The legal pursuit of a remedy, suit appeal and second appeal are really steps in a series of proceedings all connected by an intrinsic unity and are to be regarded as one legal proceeding.

General Clauses Act, 1897 – Section 6 – Repeal – Effect on pending proceedings – Procedure for pending applications – In the absence of a saving clause the old statute stands completely obliterated from the statute book except for past or saved actions.

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