Monthly
Supreme Court Monthly Digest- September 2019
Unregistered Agreement Of Sale Can Be Used As An Evidence For Collateral Purpose Prakash Sahu V. Saulal The Supreme Court recently upheld a Trial Court order allowing the plaintiff to lead evidence on insufficiently stamped unregistered agreement of sale in his suit for recovery of earnest money said to be paid by him at the time executing the agreement for sale. Order...
Supreme Court Monthly Digest- August 2019
Section 313 CrPC: Inculpatory Material As Not Put To The Accused Must Be Eschewed Samsul Haque vs. State of Assam The Supreme Court has reiterated that the incriminating material that came in evidence is to be put to the accused during his examination under Section 313 of the Criminal Procedure Code.The bench comprising Justice Sanjay Kishan Kaul and Justice KM Joseph said that...
Supreme Court Monthly Digest- July 2019
Order VII Rule 11(d) CPC: Plaint Can Either Be Rejected As A Whole Or Not At All Madhav Prasad Aggarwal vs. Axis Bank Plaint can either be rejected as a whole or not at all, remarked the Supreme Court while reiterating that it is not permissible to reject plaint qua any particular portion of a plaint including against some of the defendant(s) and continue the same against...
Supreme Court Monthly Digest- June 2019
Cannot Burden Insurer To Follow Up An Inadequate Disclosure Of Material Facts By The Insured Oriental Insurance Company Ltd. vs. Mahendra Construction The Supreme Court observed that it is duty of the insured while making the proposal to make a clear and specific disclosure of material facts and that the insurer cannot be burdened to follow up an inadequate disclosure. As per...
Supreme Court Monthly Digest- May 2019
Statutory Appeal Can Be Filed Even If Application To Set Aside Ex-Parte Decree [ Order IX Rule 13 CPC] Is Dismissed Bhivchandra Shankar More vs. Balu Gangaram More The Supreme Court observed that the right of appeal under Section 96(2) CPC is a statutory right and the defendant cannot be deprived of the statutory right of appeal merely on the ground that the application filed by...
Supreme Court Monthly Digest- April 2019
One Sided Clauses In Builder-Buyer Agreements Is An Unfair Trade Practice Pioneer Urban Land & Infrastructure Ltd. V. Govindan Raghavan The Supreme Court held that the incorporation of one-sided clauses in a builder-buyer agreement constitutes an unfair trade practice as per Section 2 (r) of the Consumer Protection Act, 1986. The bench comprising Justice UU Lalit and Justice...
Supreme Court Monthly Digest- March 2019
If Contempt Is In The Face Of Court, Judges Can Take Immediate Action Without Issuing Notice National Lawyers Campaign For Judicial Transparency and Reforms V. Union of India To hold Advocate Mathews Nedumpara guilty of contempt, the Supreme Court followed the dictum that when contempt is in the face of court, summary procedure can be followed to inflict punishment "then and...
Supreme Court Monthly Digest- February 2019
Significant Rulings Minority Status Of Aligarh Muslim University: SC Refers The Matter To Seven Judge Bench The Supreme Court referred to seven-judge bench the issue of determining the correctness of minority status granted to Aligarh Muslim University. A three-judge bench headed by Chief Justice Ranjan Gogoi referred the matter to the larger bench for defining the parameters...
Supreme Court Monthly Digest of Cases (September 2016)
Contempt of CourtsIn Gyani Chand vs. State of A.P, three-judge Bench comprising Justice Anil R. Dave, Justice Uday Umesh Lalit and Justice L. Nageswara Rao also observed that it would not be fair on the part of a court to give a direction to do something which is impossible and if a person has been asked to do something which is impossible and if he fails to do so, he cannot be held guilty...
Supreme Court Monthly Digest (January 2016)
1. Motor Accident Claims; SC cautions Courts against Hyper Technical approachThe Supreme Court restated its earlier position in Mantoo Sarkar vs. Oriental Insurance Company Limited (2009) 2 SCC 244 regarding territorial jurisdiction of Motor Accident Claims Tribunal. Apex Court Bench of Justices Anil R. Dave and Adarsh Kumar Goel held that there is no bar to a claim petition being filed at...
