Supreme court
Can A Person, Awarded Monetary Compensation But Has Not Received It, File Appeal As Indigent? Supreme Court Answers
The Supreme Court, in its recent judgment (on May 27), answered the question of whether a person, who has been awarded monetary compensation but has not received it, would not be able to file an appeal seeking enhanced compensation as an indigent. An indigent person is someone who does not have the financial means to pay the Court fee and proceed with the suit filed. At the outset, the...
Supreme Court Weekly Round-Up (20 May-25 May, 2024)
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing...
Tenant Continuing In Possession After Expiry Of Tenancy Liable To Compensate Landlord By Paying 'Mesne Profits' : Supreme Court
The Supreme Court held that if the tenant continues to remain in the rented premises even after the tenancy rights are extinguished, then the landlord would be entitled to receive compensation in the form of 'mesne profit' from the tenant. “While the above-stated position is generally accepted, it is also within the bounds of the law, that a tenant who once entered the property in...
Supreme Court Quarterly Civil Digest 2024
Supreme Court Quarterly Civil Digest 2024Abuse of Process of Law Special Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. Filing of such petitions not only wastes the time of the Court but it also puts unnecessary burden on the Courts and adds up...
Magistrate Doesn't Take Cognizance Of Offence While Directing Police Investigation As Per S.156(3) CrPC : Supreme Court
Recently, the Supreme Court reiterated that a Judicial Magistrate cannot be said to have taken cogniznance of an offence by directing an investigation by the police under Section 156 (3) of the Code of Criminal Procedure.Reversing the findings of the High Court, the bench comprising Justices Bela M Trivedi and Pankaj Mithal while referring to the case of Devarapalli Lakshminarayana Reddy...
Time-Barred Suit Must Be Dismissed Even If Plea Of Limitation Isn't Raised As Defence : Supreme Court
The Supreme Court held that even if the plea of limitation is not set up as a defence, the Court has to dismiss the suit if it is barred by limitation. Reversing the findings of the High Court's Division Bench, the bench comprising Justices BR Gavai and Sandeep Mehta upon placing reliance on the case of V.M. Salgaocar and Bros. v. Board of Trustees of Port of Mormugao and Another, (2005) 4...
Supreme Court Quarterly Criminal Digest 2024
AcquittalAppeal from acquittal – Principles of deciding – Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive i.e. inclusive of all evidence, oral or documentary. Partial or selective appreciation of evidence may result in a miscarriage of justice and is in itself a ground of challenge. If the Court, after appreciation of...
Exclusion Clauses In Insurance Contracts To Be Construed Strictly & Against Insurer : Supreme Court
In a recent ruling, the Supreme Court reiterated that the burden of proving applicability of exclusionary clauses in insurance contracts is on the insurer and such clauses must be interpreted strictly against the insurer, as they may completely exempt the insurer of its liability.The bench of Justices PS Narasimha and Aravind Kumar was dealing with an insurance company's appeal against an...
Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court
Even though the limitation period for filing a suit for specific performance of a contract is three years, the Supreme Court held that every suit for specific performance of the contract filed within the period of limitation cannot be decreed. The court noted that the three-year limitation period for filing the suit for specific performance of the contract wouldn't grant liberty to a...
Know The Law| Can There Be A Blanket Stay On Money Decree?
In cases where a money decree is being challenged, a common question that often arises is whether a blanket stay, in its execution, can be granted without requiring the judgment debtors (against whose favour the Court has decreed the suit) to deposit a part of the money decree. One such case happened recently where though the Court had decreed the suit in favour of the plaintiff;...
Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court
The Supreme Court held that wherein the plaintiff is required to prove his readiness and willingness to perform the contract, then the suit for specific performance of the contract cannot be decreed based on the deposition made by the plaintiff's power of attorney about the plaintiff's readiness and willingness to perform a contract.“We are of the view that in view of Section 12 of the...