Digest Of Supreme Court Cases – Page 45

Burden of proof on the person who alleges that the property is a joint property of an HUF under Hindu Law

Oct 19, 2020 Advocate Raji Nathani

Reference in this behalf was made to the judgments of this court in Bhagwan Dayal v. Reoti Devi (AIR 1962 SC 287). In this case, this court held that the…

Penal Code ,1860

Blows inflicted by Respondent with intention to kill deceased to fall under which sec – Sec 302 or S 304 or S 326 , S 300 Exceptions 1 and 2 and S 148

Oct 16, 2020 Advocate Raji Nathani

The finding of fact is that the act was done by the accused with the knowledge that it is likely to cause death, and with the intention to kill the…

Constitution of India

Maintainability of writ petition under Article 226 of the Constitution of India- when is it proper to relegate to alternate remedy

Oct 15, 2020 Advocate Raji Nathani

Restating the position in Gunwant Kaur v. Municipal Committee, Bhatinda (1969) 3 SCC 769, the court observed that when the petition raises questions of fact of complex nature, such as…

Family and Personal laws

Exercise of power under Art 226 of the Constitution of India by filing Habeas Corpus petition for custody of child

Oct 14, 2020 Advocate Raji Nathani

It is well-settled law by a catena of judgments that while deciding matters of custody of a child, the primary and paramount consideration is the welfare of the child. A…

Income Tax

Contention that clause (f) of sec 43-B inserted vide Finance Act ,2001 w.e.f..1-4-2002 only to nullify ruling of Supreme Court in Bharat Earth Movers, (2000) 6 SCC 645

Oct 13, 2020 Advocate Raji Nathani

Held that Notably, this regulatory measure is in sync with other deductions specified in Section 43-B, which are also present and accrued liabilities. A priori, merely because a certain liability…

Administrative law

Extent of permissible delegation of Legislative function

Oct 12, 2020 Advocate Raji Nathani

Held that In Avinder Singh v. State of Punjab (1997) 1 SCC 137 this court had highlighted that the founding document, that is, the Constitution had created three instrumentalities with…

Insolvency and Bankruptcy code 2016

Sec 29-A of Insolvency and Bankruptcy code 2016 for submission of revised resolution plans by existing applicants permitted under Article 142 of the Constitution of India in an extraordinary situation

Oct 9, 2020 Advocate Raji Nathani

Held, Subclause (7) of Regulation 36-B inserted with effect from 4-7-2018, dealing with the request for resolution plans unambiguously postulates that the resolution professional may, with the approval of the…

Family and Personal laws

Interpretation of will considering section 82,87 and 88 of Succession act 1925

Oct 8, 2020 Advocate Raji Nathani

The facts of the case are that after bequeathing absolute and unfettered right to property to wife, the testator made it desirable to sell the property and divide the sale…

Motor Vehicles

Exercising jurisdiction under Article 142 of the Constitution of India and finding it appropriate to enhance compensation in order to do complete justice to the parties in the absence of appeal by claimants against Tribunal judgment in High Court

Oct 7, 2020 Advocate Raji Nathani

The age of the deceased was 35 years and he left behind five dependents, the deduction towards his personal expenditure would be 1/4th as per judgment of this Court in…

Criminal Law

Ss. 200 to 204, 156(3), 173, 300 and 362- Protest petition can always be treated as a complaint and proceeded with in terms of Ch XV CrPC. The second complaint/ Protest petition is maintainable only if the first petition has been filed without furnishing the full facts/ particulars necessary to decide the case

Oct 6, 2020 Advocate Raji Nathani

Referring to Shivshankar Singh v. State of Bihar (2012) 1 SCC 130, this court observed that it is evident that the law does not prohibit filing or entertaining of the…

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