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. 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). The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering. 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.
Consumer Limitation
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.
C P C
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).
Stamp Act State Laws
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).
The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.
Accident
The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.
Matrimonial

Hindu Marriage Act, 1955 – Section 13 – Divorce – Broken-down marriage – Once parties have separated and separation continued for sufficient long time, and one of them has presented petition for divorce, it can be presumed that marriage has broken down. Hindu Marriage Act, 1955 – Section 13 – Divorce – Mental cruelty – Wife cautioning world at large not to deal with her husband constitutes mental cruelty.

Apr 16, 2017 sclaw

  AIR 2006 SC 1675 : (2006) 2 CTC 510 : (2006) 1 DMC 489 : (2006) 3 JT 491 : (2006) 3 SCALE 252 : (2006) 4 SCC 558…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section – 482, 397(2), 397 – Dismissal of petition – Appellant had moved the High Court of Delhi in a petition under Section 482 of the CrPC invoking its inherent jurisdiction – High Court failed to distinguish its separate powers under Section 397 of the CrPC as also under Section 482 of the said Code.

Apr 16, 2017 sclaw

  (1998) 8 SCC 770 SUPREME COURT OF INDIA JITENDER KUMAR JAIN — Appellant Vs. STATE OF DELHI AND OTHERS — Respondent ( Before : M. M. Punchhi, J; K.…

You missed

Consumer Limitation

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

Mar 3, 2025 sclaw
C P C

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.

Feb 16, 2025 sclaw
Stamp Act State Laws

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).

Feb 16, 2025 sclaw
Accident

The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

Feb 9, 2025 sclaw