Supreme Court of India Judgements

Accident—Compensation—Entitlement to—Legal Representative— Even if there is no loss of dependency the claimant if he or she is a legal representative will be entitled to compensation, the quantum of which shall be not less than the liability flowing from Section 140 of the Act.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1345 IN THE SUPREME COURT OF INDIA Before The Hon’ble Dr. Justice Arijit Pasayat Civil Appeal No. 1702 of 2007 Smt. Manjuri Bera v. The Oriental…

Contempt

Contempt—Delay in compiling with orders of Supreme Court due to administrative delay—Unconditional apology accepted.

Apr 10, 2017 sclaw

2007(2) LAW HERALD (SC) 1343 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 2791-2793 of…

Will & Succession

Marumakkathayam system inheritance is traced through a female member – A Tavazhi cannot be continued by male member alone – In absence of female member, Tavazhi must come to an end with no chance of female member to continue the line

Apr 9, 2017 sclaw

AIR 2006 SC 1941 : (2006) 4 JT 370 : (2006) 4 SCALE 130 : (2006) 4 SCC 399 : (2006) 1 UJ 483 : (2006) AIRSCW 2290 :…

Constitution

Writ – Mandamus – Normally the Court will not interfere with the Administrative policy of the Government – But, when such policy violates some provisions of the Constitution such as Article 14, the Court will step in to set right

Apr 9, 2017 sclaw

AIR 1998 SC 137 : (1997) 8 JT 440 : (1997) 6 SCALE 413 : (1997) 11 SCC 670 : (1998) SCC(L&S) 451 : (1997) 2 UJ 802 SUPREME…

Corporate

Government Savings Certificates Act, 1959 – Section 8 – Indira Vikas Patra Rules, 1986 – Rule 7(2) – Loss of IVPs – Replacement – An IVP is akin to an ordinary currency note

Apr 9, 2017 sclaw

AIR 2006 SC 1744 : (2006) 131 CompCas 369 : (2006) 2 CTC 668 : (2006) 4 JT 367 : (2006) 4 SCALE 143 : (2006) 4 SCC 275…

Corporate

The duty of excise is a tax on the manufacturer and not a tax on the profits made by a dealer on transportation – Appeal allowed.

Apr 9, 2017 sclaw

(1997) 94 ELT 13 : (1997) 11 SCC 697 SUPREME COURT OF INDIA BARODA ELECTRIC METERS LTD. — Appellant Vs. COLLECTOR OF CENTRAL EXCISE — Respondent ( Before :…

I P C

Unlawful assembly – Authorship of fatal injury – Necessity – It is also well – settled that if death had been caused in prosecution of the common object of an unlawful assembly, it would not be necessary to record a definite or specific finding as to which particular accused out of the members of the unlawful assembly caused the fatal injury.

Apr 9, 2017 sclaw

AIR 2006 SC 1761 : (2006) CriLJ 2133 : (2006) 4 JT 356 : (2006) 4 SCALE 134 : (2006) 9 SCC 394 : (2006) 1 UJ 493 :…

Arbitration

Arbitration Act, 1940 – Section 14(2) – Deemed notice – Application for setting aside award – Counsel filing award at the instance of arbitrator, a third party and did not Act as representative of appellant – Filing of award cannot be construed as notice under Section 14(2) of the Act

Apr 9, 2017 sclaw

AIR 2007 SC 327 : (2006) 4 ARBLR 171 : (2006) 134 CompCas 712 : (2006) 10 JT 238 : (2006) 12 SCALE 211 : (2007) 2 SCC 382…

Bail Granted

mposition of condition – Allegations of misappropriation of stock – Relevant aspect not gone into by High Court – Condition of depositing of Rs. 10,00,000/- – Not supported by reasons – Order set aside – Matter remitted for fresh consideration.

Apr 9, 2017 sclaw

AIR 2007 SC 136 : (2006) 4 ARBLR 247 : (2007) CriLJ 303 : (2006) 12 SCALE 210 : (2006) 12 SCC 433 : (2006) 8 SCR 770 Supp…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 397 and 401 – Revision – Dismissal in absence of revisionist petitioner – Validity of – Counsel of petitioner had been appointed as counsel for State

Apr 9, 2017 sclaw

AIR 2007 SC 457 : (2007) CriLJ 309 : (2006) 11 SCALE 498 : (2006) 12 SCC 446 : (2006) 8 SCR 1172 Supp SUPREME COURT OF INDIA SATIN…

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).

Accident—Compensation—Entitlement to—Legal Representative— Even if there is no loss of dependency the claimant if he or she is a legal representative will be entitled to compensation, the quantum of which shall be not less than the liability flowing from Section 140 of the Act.

Contempt—Delay in compiling with orders of Supreme Court due to administrative delay—Unconditional apology accepted.

Marumakkathayam system inheritance is traced through a female member – A Tavazhi cannot be continued by male member alone – In absence of female member, Tavazhi must come to an end with no chance of female member to continue the line

Writ – Mandamus – Normally the Court will not interfere with the Administrative policy of the Government – But, when such policy violates some provisions of the Constitution such as Article 14, the Court will step in to set right

Government Savings Certificates Act, 1959 – Section 8 – Indira Vikas Patra Rules, 1986 – Rule 7(2) – Loss of IVPs – Replacement – An IVP is akin to an ordinary currency note

The duty of excise is a tax on the manufacturer and not a tax on the profits made by a dealer on transportation – Appeal allowed.

Arbitration Act, 1940 – Section 14(2) – Deemed notice – Application for setting aside award – Counsel filing award at the instance of arbitrator, a third party and did not Act as representative of appellant – Filing of award cannot be construed as notice under Section 14(2) of the Act

mposition of condition – Allegations of misappropriation of stock – Relevant aspect not gone into by High Court – Condition of depositing of Rs. 10,00,000/- – Not supported by reasons – Order set aside – Matter remitted for fresh consideration.

Criminal Procedure Code, 1973 (CrPC) – Sections 397 and 401 – Revision – Dismissal in absence of revisionist petitioner – Validity of – Counsel of petitioner had been appointed as counsel for State

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