Digest Of Supreme Court Cases

Prevention of Corruption Act, 1988 — S. 19 — Sanction for prosecution

Though opinion of CVC is only advisory, it is nevertheless a valuable input in the decision-making process of the appointing authority. However, the final decision of the appointing authority must be of its own, by application of independent mind. Held, we have examined the correspondence and the long-drawn communications between the CBI, the DoPT, and […]

Prevention of Corruption Act, 1988 — S. 19 — Sanction for prosecution Read More »

Practice and Procedure — Delay/Laches/Limitation — Unexplained delay of 502 days by Government Department — “Certificate cases”

No sufficient cause shown: Such kind of cases have already been categorised by Supreme Court as “certificate cases” filed with only object to obtain a quietus from Supreme Court on ground that nothing could be done because highest Court has dismissed appeal. Such practice and process has already been deprecated by Supreme Court and it

Practice and Procedure — Delay/Laches/Limitation — Unexplained delay of 502 days by Government Department — “Certificate cases” Read More »

Protection of Women from Domestic Violence Act, 2005 — Ss. 17(1) & (2) and S. 19 — Nature and scope of right to reside in shared household

The expression “domestic relationship” is a comprehensive one-Hence, every woman in a domestic relationship in whatever manner the said relationship may be founded, has a right to reside in a shared household, whether or not she has any right, title or beneficial interest in the same. Thus, for instance, a daughter, sister, wife, mother, grandmother

Protection of Women from Domestic Violence Act, 2005 — Ss. 17(1) & (2) and S. 19 — Nature and scope of right to reside in shared household Read More »

Criminal Procedure Code, 1973 — Ss. 386, 374 and 390 — Discharge by High Court in appeal against conviction — Whether such discharge order can be suspended or stayed by Supreme Court:

Considering S. 390 CrPC, the appellate court in an appeal against acquittal may/can even suspend the order of acquittal/discharge passed by the appellate court and, therefore, Supreme Court can suspend the judgment and order passed by High Court acquitting/discharging the accused. Section 45 in The Unlawful Activities (Prevention) Act, 1967 states –“No court shall take

Criminal Procedure Code, 1973 — Ss. 386, 374 and 390 — Discharge by High Court in appeal against conviction — Whether such discharge order can be suspended or stayed by Supreme Court: Read More »

Civil Procedure Code, 1908 — Or. 12 R. 6 — When Grant of relief on the basis of admission is permissible

Grant of such relief is discretionary in nature. Requirements for exercise of such power, namely: specific, clear and categorical admission of facts and documents on record are necessary. Power under Or. 12 R. 6, held, is discretionary which should be only exercised when specific, clear and categorical admission of facts and documents are on record,

Civil Procedure Code, 1908 — Or. 12 R. 6 — When Grant of relief on the basis of admission is permissible Read More »

Civil Procedure Code, 1908 — S. 100 — Second appeal — Limitation — Suit for specific performance of contract

The mistakes committed by the High Court were manifold. First, the   High   Court   framed   a   question   which   was   actually   a question of fact which involved appreciation of evidence and not a substantial question of law. As a consequence, the answer given by the High Court was only a finding of fact. Next, the High Court

Civil Procedure Code, 1908 — S. 100 — Second appeal — Limitation — Suit for specific performance of contract Read More »

Civil Procedure Code, 1908 — S. 25: Transfer petition in Matrimonial disputes

Transfer petition disposed of with order of dissolution of marriage dispensing with 6 month period as stipulated in S. 13-B(2) of the HMA, 1955. The parties arrived at an amicable settlement and decided to dissolve marriage by a decree of divorce by mutual consent on certain terms and conditions. It is noted that the parties

Civil Procedure Code, 1908 — S. 25: Transfer petition in Matrimonial disputes Read More »

Consumer Protection — Cause of Action— Unfair trade practice

Appellant booked a new car and paid the entire sale consideration. The dealer delivered used car which was used for “Demo-Test-Drive-Vehicle”. Not only this as per findings recorded by National Commission, the car which was delivered was a defective car- amounting to unfair trade practices and also dishonesty. Held, Non-delivery of new car despite payment

Consumer Protection — Cause of Action— Unfair trade practice Read More »

Companies Act, 2013 — Ss. 212(3) and 219: Interim stay against investigation into affairs of Company, whether warranted, in exercise of writ jurisdiction by High Court, determined

The first reason which has weighed with the High Court in regard to the construction of Section 212(3) is ex facie contrary to the law, as has been laid down by a two judge Bench of this Court in SFIO vs Rahul Modi. While elaborating upon the provisions of Section 212(3), this Court has held

Companies Act, 2013 — Ss. 212(3) and 219: Interim stay against investigation into affairs of Company, whether warranted, in exercise of writ jurisdiction by High Court, determined Read More »

Or. 23 R. 3 — Consent order

All the parties to the consent terms are required to fully comply with the terms of settlement/consent terms and the consent order. One party cannot be permitted to say that that portion of the settlement which is in their favour be executed and/or complied with and not the other terms of the settlement/consent terms/consent order,

Or. 23 R. 3 — Consent order Read More »

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