Digest Of Supreme Court Cases

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

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 Committee, reissue the request for resolution plans, if the resolution plans received in response to an earlier request are not satisfactory, subject to the condition […]

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 Read More »

Bail during pendency of appeal Sec 389- Reference to decision of this court in Babu Singh v. state of UP (1978) 1 SCC 579

It is stated that the appellants have been released on temporary bail, furlough and parole on several occasions and there is no report of their having misconducted themselves or indulged in any criminal activities. The appellants were directed to be released on bail subject to the conditions that they shall not enter the state of

Bail during pendency of appeal Sec 389- Reference to decision of this court in Babu Singh v. state of UP (1978) 1 SCC 579 Read More »

Ss. 86, 302 and 304 of Penal Code, 1860- Act(s) committed in the state of drunkenness whether enough to prevent appellant from forming the requisite intention

On the fateful day, the quarrel ensued between the appellant’s mother and wife. The wife went in search of the appellant and found him heavily drunk with his friends. She escorted him back. He fell fast asleep and when he woke up, he found his wife hanging. There is also mention about ill-treatment given by

Ss. 86, 302 and 304 of Penal Code, 1860- Act(s) committed in the state of drunkenness whether enough to prevent appellant from forming the requisite intention Read More »

Criminal trial- Factors to be taken into account in adjudication of cases of circumstantial evidence

There is no direct evidence regarding the involvement of the appellant in the crime. The case of the prosecution is on the basis of circumstantial evidence. Factors to be taken into account as laid down by this court are: (Anjan Kumar Sarma v State of Assam, (2017) 14 SCC 359) para 14: The circumstances concerned

Criminal trial- Factors to be taken into account in adjudication of cases of circumstantial evidence Read More »

Exercise of power under Art 142 of the Constitution of India for dissolution of marriage when the parties are living separately and litigating for more than 12 years. Could this factor be irretrievable breakdown of marriage?

Held that in a matter where the differences between the parties are not of such magnitude and is in the nature of usual wear and tear of marital life, the future of the chils and her marital prospects are also considered, the dissolution of marriage merely because they have been living separately and litigating for

Exercise of power under Art 142 of the Constitution of India for dissolution of marriage when the parties are living separately and litigating for more than 12 years. Could this factor be irretrievable breakdown of marriage? Read More »

Ss 45 and 46 of Evidence Act 1872- opinion of handwriting expert not sufficient if not corroborated by other evidence either direct or circumstantial evidence.

Principle reiterated and cases relied upon S Gopal Reddy v. State of A.P. (1996) 4 SCC 596; Magan Bihari lal v. state of Punjab (1977) 2 SCC 210; Ram Chandra v. Stte of U.P. AIR 1957 SC 381; Iswari Prasad Misra v. Mohd. Isa AIR 1963 SC 1728; Shashi Kumar Banerjee v. Subodh Kumar Banerjee

Ss 45 and 46 of Evidence Act 1872- opinion of handwriting expert not sufficient if not corroborated by other evidence either direct or circumstantial evidence. Read More »

Order 21 Rule 89 and sec 151- In the auction sale of property of guarantor in execution of decree, no opportunity given to the guarantor to repay entire decretal amount due before putting the said property to sale

The borrower paid first 25 installments out of 40 and thereafter failed to pay the remaining installments. The lender filed a petition under section 64(1-A) of the Chit Funds Act, 1982 and got an ex parte award directing the guarantor to pay. The guarantor claimed that he was unaware of the ex parte award. On

Order 21 Rule 89 and sec 151- In the auction sale of property of guarantor in execution of decree, no opportunity given to the guarantor to repay entire decretal amount due before putting the said property to sale Read More »

Art 226(2) of the Constitution of India- whether the orders/directions passed by the High Court against Union of India would have effect within territorial jurisdiction of the court or it will have pan India effect

Held that the High Court exercises its jurisdiction only over state(s) of which it is a High court. It has no jurisdiction for the rest of the country. (2020) 5 SCC 201- Union of India and others v. R. Thiyagarajan

Art 226(2) of the Constitution of India- whether the orders/directions passed by the High Court against Union of India would have effect within territorial jurisdiction of the court or it will have pan India effect Read More »

Compensation under sections 166, 168 of Motor Vehicles Act 1988- issues involved Contributory negligence of the victim, computation of Income and multiplier

The Motor Accident Claims Tribunal arrived at the sum of Rs 11,66,800 as total compensation payable after deducting 10% of the compensation on account of contributory negligence in as much as there were 3 persons on the motorcycle when a speeding car hit it. The employer of the victim was examined for confirmation on salary

Compensation under sections 166, 168 of Motor Vehicles Act 1988- issues involved Contributory negligence of the victim, computation of Income and multiplier Read More »

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