Supreme Court of India Judgements

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.…

Accident

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…

Supreme Court of India Judgements

Latest Post

An arbitral award under the 1996 Act should not be annulled solely on the ground of MP Act, 1983 applicability if the objection was not raised before the Tribunal.

Under Section 31(7) of the 1996 Act, an Arbitral Tribunal validly awards post-award interest on the sum of the principal amount and accrued pre-award interest, which is not impermissible compound interest.

An arbitral award under the 1996 Act should not be annulled solely on the ground of MP Act, 1983 applicability if the objection was not raised before the Tribunal.

Under Section 31(7) of the 1996 Act, an Arbitral Tribunal validly awards post-award interest on the sum of the principal amount and accrued pre-award interest, which is not impermissible compound interest.

Courts exercising power to appoint Receivers under Order 40 Rule 1 CPC must exercise discretion cautiously, considering temple’s sacred nature, preferring persons with religious affinity and managing pending litigation expeditiously the temple administration

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.

An arbitral award under the 1996 Act should not be annulled solely on the ground of MP Act, 1983 applicability if the objection was not raised before the Tribunal.

Under Section 31(7) of the 1996 Act, an Arbitral Tribunal validly awards post-award interest on the sum of the principal amount and accrued pre-award interest, which is not impermissible compound interest.

Courts exercising power to appoint Receivers under Order 40 Rule 1 CPC must exercise discretion cautiously, considering temple’s sacred nature, preferring persons with religious affinity and managing pending litigation expeditiously the temple administration

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

An arbitral award under the 1996 Act should not be annulled solely on the ground of MP Act, 1983 applicability if the objection was not raised before the Tribunal.

Under Section 31(7) of the 1996 Act, an Arbitral Tribunal validly awards post-award interest on the sum of the principal amount and accrued pre-award interest, which is not impermissible compound interest.

Courts exercising power to appoint Receivers under Order 40 Rule 1 CPC must exercise discretion cautiously, considering temple’s sacred nature, preferring persons with religious affinity and managing pending litigation expeditiously the temple administration

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.

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

You missed

An arbitral award under the 1996 Act should not be annulled solely on the ground of MP Act, 1983 applicability if the objection was not raised before the Tribunal.

Under Section 31(7) of the 1996 Act, an Arbitral Tribunal validly awards post-award interest on the sum of the principal amount and accrued pre-award interest, which is not impermissible compound interest.

Courts exercising power to appoint Receivers under Order 40 Rule 1 CPC must exercise discretion cautiously, considering temple’s sacred nature, preferring persons with religious affinity and managing pending litigation expeditiously the temple administration

Supreme Court of India Judgements