Digest Of Supreme Court Cases

Civil Procedure Code, 1908 — S. 89 – The High Court was correct in holding that sec 89CPC and section 69-A of 1955 Act be interpreted liberally- broad purposive construction

Settlement of disputes only through any of the mode prescribed under Section 89 CPC is not sine qua non of sec 89 CPC rather it prescribes few methods through which settlement can be reached; sine qua non for the applicability of section 89 is settlement between the parties outside the court without the intervention of […]

Civil Procedure Code, 1908 — S. 89 – The High Court was correct in holding that sec 89CPC and section 69-A of 1955 Act be interpreted liberally- broad purposive construction Read More »

Constitution of India —Right to marry person of one’s choice is integral to Art. 21

Intimacies of marriage lie within a core zone of privacy, which is inviolable and even matters of faith would have the least effect on them. The autonomy of an individual inter alia in relation to family and marriage is integral to the dignity of the individual. Para 12 The way forward to the Police authorities

Constitution of India —Right to marry person of one’s choice is integral to Art. 21 Read More »

Criminal Procedure Code, 1973 — Power to summon material witness, or examine person present under S. 311

Principles summarised regarding object and scope of S. 311 and power and duties of court while exercising discretion under S. 311 CrPC. “The aim of every court is to discover the truth. Section 311CrPC is one of many such provisions which strengthen the arms of a court in its effort to unearth the truth by

Criminal Procedure Code, 1973 — Power to summon material witness, or examine person present under S. 311 Read More »

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

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 general principle is that a Hindu Family is presumed to be joint unless the contrary is proved. It was further held that where one of

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

Constitution of India — Art. 21 — Offences involving police brutality/atrocities and which are compoundable with permission of court

When the police is a violator of the law whose primary responsibility is to protect the law, the punishment for such violation has to be proportionately stringent so as to have an effective deterrent effect and instil confidence in the society. Thus, Permission for compounding of such offences involving police brutality/atrocities cannot be granted by

Constitution of India — Art. 21 — Offences involving police brutality/atrocities and which are compoundable with permission of court Read More »

Does delay in sending report under section 157 and 154 of the Code of Criminal Procedure 1973 to Magistrate, vitiate prosecution case

In the instant case there was a delay in compliance with section 157 of the Code, as the fir was received in the office of the Chief judicial magistrate with a delay of 11 days. Effect of the delay was examined in the case of Jafel Biswas v. State of W.B. (2019) 12 SCC 560

Does delay in sending report under section 157 and 154 of the Code of Criminal Procedure 1973 to Magistrate, vitiate prosecution case Read More »

Transfer of Property Act, 1882 — Ss. 122 and 123 — Gift of immovable property becomes complete when there is acceptance of gift

Section 122- Acceptance by or on behalf of donee must be made during the lifetime of the donor and while he is still capable of giving. Section 123- Execution of gift deed registered bearing the signature of the donor and attested by at least two witnesses Acceptance of such a gift makes the gift of

Transfer of Property Act, 1882 — Ss. 122 and 123 — Gift of immovable property becomes complete when there is acceptance of gift Read More »

Meaning of “Dismissal”, “Discharge”, “removal from service” “Fiduciary”, “Fiduciary Relationship”Information “held”“Judicial Accountability”,“Judicial Independence”

Meaning of “Dismissal”, “Discharge”, “removal from service” (2020)5 SCC 474-B- Bharat Petroleum Corporation Limited and others v. Anil Padegaonkar “Fiduciary”, “Fiduciary Relationship”– (2020) 5 SCC 481-E- Central Public Information Officer, Supreme Court of India V. Subhash Chandra Agarwal Information “held”- (2020) 5 SCC 481-Y- Central Public Information Officer, Supreme Court of India V. Subhash Chandra

Meaning of “Dismissal”, “Discharge”, “removal from service” “Fiduciary”, “Fiduciary Relationship”Information “held”“Judicial Accountability”,“Judicial Independence” Read More »

Family and Personal Laws —Mediation on Matrimonial dispute- sec 89 of CPC, 1908

In this case, there was a reference to mediation on the consent of counsel. Directions were issued as to expenses and interaction of the child with parent and mediator to make arrangements for continued interaction till the mediation process is on -With the liberty to move the court, liberty to file rejoinder -affidavit, in case

Family and Personal Laws —Mediation on Matrimonial dispute- sec 89 of CPC, 1908 Read More »

Valid grounds for entitlement to bail under section 439 of Criminal Procedure Code 1973

The appellant got a contract for the supply of radar stations when after eight years it was alleged that there were fraud and cheating and the appellant was booked under sections 406,409,420,465,468,471 and 120-B of the Indian Penal Code 1860 and section 13(1)(d) of Prevention of Corruption Act, 1988. Bail was denied by the session

Valid grounds for entitlement to bail under section 439 of Criminal Procedure Code 1973 Read More »

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