Digest Of Supreme Court Cases

Contract Act, 1872 — Claim of restitution under S. 65, when the contract is found to be void on ground of illegality — Relevance of Role of party claiming restitution in relation to such illegality

Principle of in pari delicto for denial of restitution is applicable where the claimant is more responsible for the illegality or the parties are considered to be equally responsible. In adjudicating a claim of restitution under S. 65 of the Contract Act, held, the court must determine the illegality which caused the contract to become […]

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Criminal Procedure Code, 1973 — S. 319 — Caution in exercise of power

Principles reiterated regarding exercise of power under the section. Strong and cogent evidence against person(s) concerned sought to be added as accused under S. 319 is necessary. High court failed to consider even basic principles laid down by five-judge bench ruling in Hardeep Singh, (2014) 3 SCC 92- Penal Code 1860, S 302. Appeal allowed.

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Criminal Procedure Code, 1973 —Grant of bail under S. 439 — Mandatory requirement of recording of reasons

Requirement of giving reasons for the decision is of the essence and is virtually a part of “due process”. Clarified, however, that while the court is not required to give elaborate reasons while granting bail, an order dehors any reasoning whatsoever cannot result in grant of bail. Where the accused summoned under sec 319 of

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Criminal Procedure Code, 1973 — S. 167(2) — Default bail — Grounds on which may be claimed

(A) Charge-sheet submitted by investigating agency which did not have, or, had lost the jurisdiction to conduct the investigation. (B) Even if the investigating agency in question, had jurisdiction or retained its jurisdiction, charge-sheet submitted before court which had no jurisdiction in respect of the offence(s) concerned. Thus, default bail claimed on ground that as

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Probation of Offenders Act, 1958 — Ss. 3 and 4: Benefit of releasing convicted accused on probation, when to be granted, explained

Held, having regard to the fact there are no criminal antecedents against the appellants, the court is inclined to give them the benefit of releasing them on probation of good conduct. In that view of the matter, while maintaining the conviction and sentence imposed on the appellants, It is further directed that if the appellants

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Hindu Marriage Act, 1955 — S. 13(1)(i-b) and S. 13(1) Expln. Scope and meaning of “Desertion” as a ground for divorce

Desertion means intentional abandonment of one spouse by other without consent of other and without a reasonable cause. There should be animus deserendi on part of deserting spouse. Whether a case of desertion is established or not will depend on peculiar facts of each case. It is a matter of drawing an inference based on

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Hindu Marriage Act, 1955 — S. 24 — Relevant factors for Interim maintenance — Entitlement to and Quantum of

Reduction in capacity to pay of the person liable to pay the maintenance is relevant factor while determining maintenance. A final decision shall be taken by the family court concerned as expeditiously as possible, preferably within six months from the date of communication of this order. [Uma Priyadarshini S. v. Suchith K. Nair, (2022) 5 SCC 659]

Hindu Marriage Act, 1955 — S. 24 — Relevant factors for Interim maintenance — Entitlement to and Quantum of Read More »

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