Digest Of Supreme Court Cases

Banking/ shares/ securities and other Financial services- Indira Vikas Patra Rules,1986 Rr.5,6 and 7

Non payment of maturity amount by postal department on lost 88 indira Vikas patra (“IVPs”) of the denomination of 5000 each to the purchaser. Purchaser’s complaint of deficiency of service was allowed by District Forum and State Commission. On appeal to apex Court it was held that “The matter has to be considered purely from […]

Banking/ shares/ securities and other Financial services- Indira Vikas Patra Rules,1986 Rr.5,6 and 7 Read More »

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

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 Sarla Verma v. DTC (2009) 6 SCC 12 and the Multiplier adopted by the MACT and High Court at 16 is appropriate. Held that the

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 Read More »

Article 21 of Constitution of India

The issue for consideration is with regard to the prosecution being vitiated because the informant is also the investigating officer in view of Mohan Lal vs State of Punjab (2018) 17 SCC 627. Held, that “the criminal justice delivery system, cannot be allowed to veer exclusively to the benefit of the offender making it unidirectional

Article 21 of Constitution of India Read More »

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 »

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