Supreme Court of India Judgements

Contempt—High Court is not empowered to initiate proceedings suo-motu or otherwise for the contempt of Supreme Court.

Apr 10, 2017 sclaw

2017(1) Law Herald (SC) 105 : 2017 LawHerald.Org 507 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice A.M. Khanwilkar Criminal…

I P C

Disclosure Statement—Recovery memo—There is no provision which mandates taking signatures of the accused on recovery Panchnama. Statement of Accused—Separate statement of each accused under S.313 has been recorded on different dates—That is substantial compliance of S.313 Cr.P.C.

Apr 10, 2017 sclaw

2017(1) Law Herald (SC) 87 : 2017 LawHerald.Org 508 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Jagdish Singh Khehar The Hon’ble Mr. Justice Arun Mishra…

I P C

Murder–Nineteen injuries caused in quick succession cannot be said to have been caused as a result of grave and sudden provocation–Conviction upheld under Section 302 I.P.C..

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1387 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. 616 of…

Cheque Dishonour

Dishonour of Cheque—Offence by Company—Liability of Director— Any restriction on their power or existence of any special circumstance that makes them not liable is something that is peculiarly within their knowledge and it is for them to establish at the trial such a restriction or to show that at the relevant time they were not incharge of the affairs of the company

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1379 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Criminal Appeal No. 592 of…

C P C

Second Appeal–Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1377 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.…

Cr P C

Rape–Compromise between parties–Offence not compoundable.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1373 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 554…

Property Matters

Allotment of Housing plot by Chandigarh Housing Board cannot be cancelled on the ground that allottee had already obtained a housing plot through a registered cooperative society.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1366 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. 7171…

Arbitration

Arbitrator–Jurisdiction of–An arbitrator derives his authority from the contract and if he acts in disregard of the contract, he acts without jurisdiction.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1360 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 1874 of…

I P C

Right to private defence—Injuries sustained by accused—Non-explanation of by prosecution—Effect of—Law as per precedents, Summed up. Right to private defence—When available—Law as per precedents, Summed up.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1351 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No. 262…

C P C

Restoration of Suit— Mere fact that the appeal was dismissed on merits could not have been a ground to refuse restoration.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1350 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.…

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).

Contempt—High Court is not empowered to initiate proceedings suo-motu or otherwise for the contempt of Supreme Court.

Disclosure Statement—Recovery memo—There is no provision which mandates taking signatures of the accused on recovery Panchnama. Statement of Accused—Separate statement of each accused under S.313 has been recorded on different dates—That is substantial compliance of S.313 Cr.P.C.

Murder–Nineteen injuries caused in quick succession cannot be said to have been caused as a result of grave and sudden provocation–Conviction upheld under Section 302 I.P.C..

Second Appeal–Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion.

Rape–Compromise between parties–Offence not compoundable.

Allotment of Housing plot by Chandigarh Housing Board cannot be cancelled on the ground that allottee had already obtained a housing plot through a registered cooperative society.

Arbitrator–Jurisdiction of–An arbitrator derives his authority from the contract and if he acts in disregard of the contract, he acts without jurisdiction.

Right to private defence—Injuries sustained by accused—Non-explanation of by prosecution—Effect of—Law as per precedents, Summed up. Right to private defence—When available—Law as per precedents, Summed up.

Restoration of Suit— Mere fact that the appeal was dismissed on merits could not have been a ground to refuse restoration.

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