Supreme Court of India Judgements

Accident

Motor Vehicles Act, 1988 – Section 140 – Compensation – Death of pedestrian knocked down by Jeep – Vehicle lost balance due to bursting of front tyre – Owner can be made vicariously liable.

Apr 2, 2017 sclaw

(2001) 1 ACC 152 : (2001) ACJ 428 : AIR 2001 SC 485 : (2001) 1 JT 375 : (2001) 1 SCALE 1 : (2001) 2 SCC 9 : (2001)…

I P C

Juvenile–Murder–Benefit of Act–Plea not raised before Trial Court and High Court–Cannot be allowed at this late stage–Conviction upheld

Mar 30, 2017 sclaw

2007(1) LAW HERALD (SC) 15 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Crl.) 985 of…

C P C

Second appeal–Jurisdiction of High Court is confined to appeals involving substantial question of law.

Mar 29, 2017 sclaw

2007(1) LAW HERALD (SC) 12 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G. P. Mathur The Hon’ble Mr. Justice L. S. Panta Appeal (Civil) 5817 of…

Land Acquisition

Acquisition of Land–Interest of solatium–No separate claim necessary before High Court–Could be claimed even in state appeal. Acquisition of Land–Interest on solatium–When conditions are satisfied; the award of interest is consequential and involved only arithmetical calculation and not application of judicial mind.

Mar 28, 2017 sclaw

2007(1) LAW HERALD (SC) 6 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B. P. Singh The Hon’ble Mr. Justice Altamas Kabir Appeal (Civil) 5785 of 2006…

Acquittal Corruption

Illegal Gratification–In the absence of proof of demand, the question raising the presumption would not arose. Sanction–Sanctioning authority did not apply their mind to entire material on record–Sanction is vitiated in law.

Mar 28, 2017 sclaw

2007(1) LAW HERALD (SC) 1 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Crl.) 970 of…

I P C

Penal Code, 1860 (IPC) – Section 324 – Voluntary causing hurt – Involvement of accused – Injury specifically attributed to accused – Not supported by medical evidence – Accused acquitted.

Mar 25, 2017 sclaw

AIR 2003 SC 1110 : (2003) CriLJ 1277 : (2003) 2 JT 95 : (2003) 1 SCALE 7 : (2003) 2 SCC 257 : (2003) 1 SCR 10 :…

Rent

Eviction—Leave to Defend—Merits and De merits of ground raised are not to be examined—Only prima facie ground to defence which may result in favour of tenant is to be seen.

Mar 24, 2017 sclaw

2017(1) Law Herald (P&H) 426 (SC) : 2017 LawHerald.Org 583 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar The Hon’ble Mr. Justice Abhay Manohar Sapre…

Supreme Court of India Judgements

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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).

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

Compensation for motor accident claims should be calculated using the multiplier method as per Sarla Verma v. DTC, and split multiplier methods should only be used in specific, justified circumstances

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

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

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

Motor Vehicles Act, 1988 – Section 140 – Compensation – Death of pedestrian knocked down by Jeep – Vehicle lost balance due to bursting of front tyre – Owner can be made vicariously liable.

Juvenile–Murder–Benefit of Act–Plea not raised before Trial Court and High Court–Cannot be allowed at this late stage–Conviction upheld

Second appeal–Jurisdiction of High Court is confined to appeals involving substantial question of law.

Illegal Gratification–In the absence of proof of demand, the question raising the presumption would not arose. Sanction–Sanctioning authority did not apply their mind to entire material on record–Sanction is vitiated in law.

Penal Code, 1860 (IPC) – Section 324 – Voluntary causing hurt – Involvement of accused – Injury specifically attributed to accused – Not supported by medical evidence – Accused acquitted.

Eviction—Leave to Defend—Merits and De merits of ground raised are not to be examined—Only prima facie ground to defence which may result in favour of tenant is to be seen.

You missed

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

Supreme Court of India Judgements