Supreme Court of India Judgements

Misuse of the power – Whether two persons are guilty of deliberate and/or intentional misuse/abuse of their power in the matter of the New Bank of India extending bank guarantees to and on behalf of Skipper group of companies and what loss, if any, have they caused to the bank on that account

Apr 19, 2017 sclaw

(1997) 2 JT 426 : (1997) 2 SCALE 9 : (1997) 1 SCALE 532 : (1997) 11 SCC 430 SUPREME COURT OF INDIA DELHI DEVELOPMENT AUTHORITY — Appellant Vs. SKIPPER…

Corporate

Central Excise Rules, 1944 – Rule 9, 9(1), 49 – Payment of duty – The duty was payable when the single ply yarn was manufactured

Apr 19, 2017 sclaw

(1996) 9 AD 561 : (1997) 68 ECR 5 : (1996) 88 ELT 645 : (1996) 11 JT 729 : (1996) 8 SCALE 586 : (1996) 11 SCC 55 :…

Bail Granted

Bail—Grant of—In granting bail in non-bailable offence, the primary consideration is the gravity and the nature of the offence. Bail—Grant of—While deciding bail, Court cannot go into the question of credibility and reliability of the witness put up by prosecution.

Apr 17, 2017 sclaw

2007(2) LAW HERALD (SC) 1885 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. 651…

I P C

Murder—As per S.B. Sinha, J.- It can not be conclusively said that murder of wife for usurping property is a particularly rarest of rare incident–It could, be a rare case. Murder—Death penalty—Imposition of—As per Markandey Katju, J.- That pre-planned, calculated, cold-blooded murder has always been regarded as one of an aggravated kind.

Apr 17, 2017 sclaw

2007(2) LAW HERALD (SC) 1851 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 454 of…

State Laws

Illegal import—Burden of proof was upon the accused to establish the foundation of charge.

Apr 17, 2017 sclaw

2007(2) LAW HERALD (SC) 1848 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 1114 of…

Constitution

Roster—Allotment of work to other Judges—Where the matter is heard in part, normally it should not be transferred to another Judge.

Apr 17, 2017 sclaw

2007(2) LAW HERALD (SC) 1845 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…

Service

The benefit which was available to him under CPF scheme was received by the plaintiff, he cannot be allowed to another benefit flowing from the pension scheme which he never opted.

Apr 16, 2017 sclaw

2017(1) Law Herald (SC) 110 : 2017 LawHerald.Org 508 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.A. Bobde The Hon’ble Mr, Justice Ashok Bhushan Civil Appeal…

Civil Cases Education

Distant Study Centre Whether such study centres can be legally permitted to be opened beyond the territorial jurisdiction of the University? NO.

Apr 16, 2017 sclaw

2007(2) LAW HERALD (SC) 1819 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. 2698 of…

Limitation

Exparte decree—Setting aside of–Limitation will begin from the date of knowledge of passing of the said exparte decree. Summons–It is obligatory on the part of the Court to send a copy of the plaint and other documents appended thereto, in terms of order 5, Rule 2 CPC

Apr 16, 2017 sclaw

2007(2) LAW HERALD (SC) 1816 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. 714 of…

C P C

Impleadment of necessary parties–Surplus Land–Without impleading the appellants as parties the impugned order could not have been passed—Matter remitted for fresh consideration

Apr 16, 2017 sclaw

2007(2) LAW HERALD (SC) 1814 IN THE SUPREME COURT OF INDIA Before The Honb’le Mr. Justice Dr. Arijit Pasayat The Honb’le Mr. Justice D.K. Jain Civil Appeal No. 2392…

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).

Misuse of the power – Whether two persons are guilty of deliberate and/or intentional misuse/abuse of their power in the matter of the New Bank of India extending bank guarantees to and on behalf of Skipper group of companies and what loss, if any, have they caused to the bank on that account

Central Excise Rules, 1944 – Rule 9, 9(1), 49 – Payment of duty – The duty was payable when the single ply yarn was manufactured

Bail—Grant of—In granting bail in non-bailable offence, the primary consideration is the gravity and the nature of the offence. Bail—Grant of—While deciding bail, Court cannot go into the question of credibility and reliability of the witness put up by prosecution.

Illegal import—Burden of proof was upon the accused to establish the foundation of charge.

Roster—Allotment of work to other Judges—Where the matter is heard in part, normally it should not be transferred to another Judge.

The benefit which was available to him under CPF scheme was received by the plaintiff, he cannot be allowed to another benefit flowing from the pension scheme which he never opted.

Distant Study Centre Whether such study centres can be legally permitted to be opened beyond the territorial jurisdiction of the University? NO.

Exparte decree—Setting aside of–Limitation will begin from the date of knowledge of passing of the said exparte decree. Summons–It is obligatory on the part of the Court to send a copy of the plaint and other documents appended thereto, in terms of order 5, Rule 2 CPC

Impleadment of necessary parties–Surplus Land–Without impleading the appellants as parties the impugned order could not have been passed—Matter remitted for fresh consideration

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