Supreme court
Civil Procedure Code | Appellate Court Can't Create New Case For Parties & Frame Issues Without Following Order XLI : Supreme Court
Recently, the Supreme Court held that the Courts at the Appellate stage of civil suits cannot create a new case for the parties while framing such additional issues that were never raised in the pleadings of the parties. “It is well-settled principle of law that the Court cannot create any new case at the appellate stage for either of the parties, and the appellate court is supposed to...
High Court Can Quash FIR Even After Charge-Sheet Is Filed : Supreme Court
The Supreme Court on Wednesday (August 28) recently reiterated that the high court is empowered under section 482 CrPC to quash an FIR even after charge sheet is filed if the court is satisfied that continuing the proceedings would be an abuse of the process of law.“law seems to be well-settled that the High Court under Section 482, Cr. PC. retains the power to quash an FIR, even...
Seniority Can't Be Granted To Promoted Employees From Past Date When They Weren't Born In Cadre : Supreme Court
In a recent case, the Supreme Court observed that employees promoted to a particular cadre cannot claim the benefits of promotion when they were not even born in the cadre. The dispute concerns the seniority list published by the Nagaland Government of the Junior Engineers. There were two sets of appointees in the position of the junior engineers wherein one set of appointees was...
When Termination Of Contractual Appointment Is Stigmatic, Principles Of Natural Justice To Be Followed : Supreme Court
The Supreme Court recently (on August 28) reiterated that when the termination of a contractual appointment is stigmatic, the principles of natural justice have to be followed.The Court also observed that merely because an appointment was made on a contract basis, following an application for compassionate appointment, would not constitute an appointment under Dying in Harness Rules."The...
S. 58(f) TPA | Production Of Title Deeds As Security Towards Debt Amounts To Creation Of 'Equitable Mortgage' : Supreme Court
The Supreme Court on Thursday (Aug. 29) held that the production of title deeds of the property as a security towards the debt amounts to the creation of a 'mortgage by deposit of title deeds' under Section 58 (f) of the Transfer of Property Act, 1882 (“TPA”).It was a case where the respondent/defendant had taken a loan from the Appellant and submitted a title deed of the property towards...
Consumer Cases | Applications To Condone Delay In Filing Written Statements Filed Before 'New India Assurance 2' Decision Can't Be Summarily Rejected : Supreme Court
In a recent consumer case, the Supreme Court directed the National Consumer Dispute Redressal Commission (“NCDRC”) to decide the delay condonation application of the defendant for filing a written statement beyond the statutory period of a maximum 45 days i.e., after a delay of 285 days. Since the delay condonation application for filing the written submissions was preferred before...
Supreme Court Deplores Practice Of Filing Applications U/S 216 CrPC For Alteration Of Charge After Refusal Of Discharge
In a recent judgment, the Supreme Court deplored the practice of accused persons filing applications under Section 216 of the Code of Criminal Procedure seeking alteration of charge after their applications seeking discharge The Bench of Justices Bela M Trivedi and Satish Chandra Sharma elaborated that this provision does not give any right to the accused to file a fresh application...
Courts Must Exercise More Care When Inconsistencies In Oral Evidence Lean Towards Falsely Implicating Innocent Persons: Supreme Court
The Supreme Court acquitted the accused who was charged with an offence of attempt to murder under Section 307 of the Indian Penal Code (“IPC”) since the intention for the crime wasn't established and there were discrepancies in the testimonies.“it would be apposite to recount the settled proposition of law that a conviction under Section 307 of the IPC may be justified only if the...
Dowry & Traditional Presents Given At Time Of Marriage Aren't Presumed To Be Entrusted To Bride's Parents-In-Law: Supreme Court
The Supreme Court recently reiterated that it cannot be assumed that dowry and traditional presents given at the time of marriage are entrusted to the parents-in-law of the bride and would attract the ingredients of Section 6 of the Dowry Prohibition Act, 1961.Section 6 of the Dowry Prohibition Act provides that any dowry received by a person other than the woman in connection with her...
Woman Absolute Owner Of Stridhan, Father Cannot Seek Its Recovery From In-Laws Without Her Authorization: Supreme Court
The Supreme Court held recently that Stridhan is the exclusive property of the woman, and her father cannot claim recovery of Stridhan from in-laws without explicit authorisation from her."...the jurisprudence as has been developed by this Court is unequivocal with respect to the singular right of the female (wife or former wife) as the case may be, being the sole owner of 'stridhan'. It has...
Delhi Education Rules - NDMC Not Liable To Absorb Staff Of School Which Was Illegally Closed By Pvt Management: Supreme Court
The Supreme Court on Wednesday (Aug. 28) held that New Delhi Municipal Corporation (“NDMC”) would not be liable for absorption and payment of benefits to the excess staff of the school run by the Delhi Sikh Gurudwara Management Committee (“DSGMC”) on account of the closure of the school done by the DSGMC without the prior approval of the NDMC. The Court said that as per Rule 46 of...