Supreme Court of India Judgements

Tamil Nadu Estates Land Act, 1908 – Section – 3(13), 3(15) – Constitution of India, 1950 – Article – 136, 39(b) – Ryots – Whether the respondent-tenants are entitled to ryotwari patta or the ryotwari patta granted to the first respondent is in accordance with law –

Apr 10, 2017 sclaw

(1996) 11 JT 499 : (1996) 9 SCALE 284 : (1997) 9 SCC 313 : (1996) 9 SCR 161 Supp SUPREME COURT OF INDIA STATE OF T.N. — Appellant Vs.…

Contempt

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…

Supreme Court of India Judgements

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Transfer of investigation is mandated when the integrity and impartiality of the local police agency is compromised by allegations of involvement in the incident under investigation.

Interim child custody arrangements for an overseas parent with rotational employment should provide a structured, predictable schedule to ensure meaningful contact, overriding burdensome procedural requirements like repeated applications.

Transfer of investigation is mandated when the integrity and impartiality of the local police agency is compromised by allegations of involvement in the incident under investigation.

Interim child custody arrangements for an overseas parent with rotational employment should provide a structured, predictable schedule to ensure meaningful contact, overriding burdensome procedural requirements like repeated applications.

The Andhra Pradesh Land Grabbing (Prohibition) Act defines land grabbing broadly, requiring both unauthorized possession and intent to illegally occupy, and Special Court findings based on evidence and failed prior litigation are upheld.

High Court exercising Section 482 CrPC power must not conduct mini-trials or prematurely decide a party’s role when investigation is incomplete, and funds linked to alleged fraud should not be released if it may frustrate investigation.

Bail denied in serious transnational narcotics smuggling case under UAPA/NDPS Act given prima facie complicity, statutory bar, witness safety concerns, and flight risk, despite no direct contraband recovery.

Transfer of investigation is mandated when the integrity and impartiality of the local police agency is compromised by allegations of involvement in the incident under investigation.

Interim child custody arrangements for an overseas parent with rotational employment should provide a structured, predictable schedule to ensure meaningful contact, overriding burdensome procedural requirements like repeated applications.

The Andhra Pradesh Land Grabbing (Prohibition) Act defines land grabbing broadly, requiring both unauthorized possession and intent to illegally occupy, and Special Court findings based on evidence and failed prior litigation are upheld.

High Court exercising Section 482 CrPC power must not conduct mini-trials or prematurely decide a party’s role when investigation is incomplete, and funds linked to alleged fraud should not be released if it may frustrate investigation.

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

Transfer of investigation is mandated when the integrity and impartiality of the local police agency is compromised by allegations of involvement in the incident under investigation.

Interim child custody arrangements for an overseas parent with rotational employment should provide a structured, predictable schedule to ensure meaningful contact, overriding burdensome procedural requirements like repeated applications.

The Andhra Pradesh Land Grabbing (Prohibition) Act defines land grabbing broadly, requiring both unauthorized possession and intent to illegally occupy, and Special Court findings based on evidence and failed prior litigation are upheld.

High Court exercising Section 482 CrPC power must not conduct mini-trials or prematurely decide a party’s role when investigation is incomplete, and funds linked to alleged fraud should not be released if it may frustrate investigation.

Tamil Nadu Estates Land Act, 1908 – Section – 3(13), 3(15) – Constitution of India, 1950 – Article – 136, 39(b) – Ryots – Whether the respondent-tenants are entitled to ryotwari patta or the ryotwari patta granted to the first respondent is in accordance with law –

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.

You missed

Transfer of investigation is mandated when the integrity and impartiality of the local police agency is compromised by allegations of involvement in the incident under investigation.

Interim child custody arrangements for an overseas parent with rotational employment should provide a structured, predictable schedule to ensure meaningful contact, overriding burdensome procedural requirements like repeated applications.

The Andhra Pradesh Land Grabbing (Prohibition) Act defines land grabbing broadly, requiring both unauthorized possession and intent to illegally occupy, and Special Court findings based on evidence and failed prior litigation are upheld.

High Court exercising Section 482 CrPC power must not conduct mini-trials or prematurely decide a party’s role when investigation is incomplete, and funds linked to alleged fraud should not be released if it may frustrate investigation.

Supreme Court of India Judgements