Digest Of Supreme Court Cases

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 »

Administrative Action

The case involved abrogation of Article 370of Constitution of India when all internet services, phone networks etc were suspended temporarily. Though the temporary suspension does not provide for notification / publication but law of natural justice, is that an order, particularly one that affects lives, liberty and property of people demanding compliance on part of

Administrative Action Read More »

Administrative or Executive Function

All powers vested with the persons occupying high posts must be discharged in accordance with constitutional principles and statutory rules/regulations governing the field. The judicial scrutiny of a decision does not depend on the rank or position held by the decision maker.  (2020) 4 SCC 78 – Brigadier Nalin Kumar Bhatia v Union of India

Administrative or Executive Function Read More »

Civil Procedure Code , 1908

[20] – Or.41 R 31 and Ss. 96 and 100 – Appeal  -Meaning and scope defined- the judgment of the first appellate court must display conscious application of mind and record findings supported by reasons on all issues and contentions. it is required to comply with the requirement of Or.41 R 31 and non-observance of

Civil Procedure Code , 1908 Read More »

Sign up for our newsletters

The best of Business news, in your inbox.

Terms & Conditions

The rules of the Bar Council of India prohibit law firms from soliciting work or advertising in any manner. By clicking on ‘I AGREE’, the user acknowledges that:

  1. The user wishes to gain more information about Re Legal, its practice areas for his/her own information and use.
  2. That the information provided in the website is only for personal use or reference of the visitor and is provided only on his/her specific request.
  3. That the material available for downloading on the website and other information provided on the website would not create any lawyer-client relationship.
  4. That we are not responsible for any consequence of any action taken by the user relying on material/information provided under this website.
  5. That in case the visitor has any legal issues; he or she should seek independent legal advice.

The information provided under this website is for informational purposes only and solely available at your request. It should not be interpreted as soliciting or advertising. I AGREE

Agree Decline