Supreme court
Subsequent Suit For Rent Arrears Maintainable After Suit For Possession; Both Different Causes Of Action: Supreme Court
Observing that the suit for recovery of possession is different from the suit for arrears of rent and damages, the Supreme Court held that there's no bar to file a separate suit for arrears of rent and damages after a suit for possession. The Court said a second suit filed on a different cause of action would not be barred under Order 2 Rule 2 of the Code of Civil Procedure. Order 2 Rule...
Explained | Scope Of Article 131 Of Indian Constitution As Interpreted By Supreme Court In West Bengal's Suit Against Centre
While upholding the maintainability of an original Suit filed by the State of West Bengal against the Union of India over the suo motu registration of cases by the CBI in respect of offences committed within the State without its consent, the Supreme Court made certain pertinent observations regarding Article 131 of the Constitution. Before moving further, it is important to note...
PC Act | Public Servant's Demand Of Bribe Ought To Be Verified Before Initiating Trap Proceedings: Supreme Court
The Supreme Court has reiterated that the public servant cannot be held guilty of accepting a bribe unless the prosecution has established the demand of a bribe and its subsequent acceptance by the public servant. The Court said that when a trap is laid down to catch the public servant red-handed for accepting bribe, then the factum of demand of bribe by the public servant ought to be...
Supreme Court Biannual Digest 2022 -Â 2023 [Indian Penal Code]
Penal Code 1860Appeal against judgment of Allahabad HC which acquitted accused by setting aside conviction recorded by Trial Court under Section 302 and 148 IPC - Partly allowed - Accused convicted under Section 304 Part I r/w Section 149 IPC and for the offence under Section 148 IPC. State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6 SCC...
Supreme Court Weekly Digest With Subject /Statute Wise Index [May 11 to 20]
Citations 2024 LiveLaw (SC) 391 to 2024 LiveLaw (SC) 414Arbitration and Conciliation Act, 1996Withdrawal of arbitrator – An Arbitrator always has the option to withdraw for any reason. Therefore, he can withdraw because of the parties' nonÂcooperation in the proceedings. But in such a case, his mandate will be terminated, not the arbitral proceedings. (Para 13) Dani Wooltex Corporation...
Confession Before Police Cannot Be Included In Charge Sheet: Supreme Court
The Supreme Court on Friday said that courts must ignore confessional statements recorded by police officers if they form part of the charge-sheet.Under the section 25 of the Indian Evidence Act and corresponding provision section 23(1) of the Bharatiya Sakshya Adhiniyam, confessions made by an accused to police officer are not admissible as evidence.A bench of Justice Abhay Oka and...
Supreme Court Directs BMW To Pay Rs 50 Lakhs Compensation To Customer For Defective Car
The Supreme Court recently disposed of a 15-year-old cheating case pending against BMW India Pvt. Ltd. and certain members of its management. The case was instituted by GVR Infra Projects, being aggrieved by BMW's supply of a defective car in 2009.Putting an end to the prolonged legal battle, the bench of CJI DY Chandrachud and Justices JB Pardiawala, Manoj Misra directed payment of Rs.50...
Supreme Court Explains Features Of Doctrine of Legitimate Expectation
Observing that the doctrine of legitimate expectation cannot be extended to the operation of a contract, the Supreme Court laid down the crucial features regarding the doctrine of legitimate expectation.The features are as follows: -"a. legitimate expectation must be based on a right as opposed to a mere hope, wish, or anticipation; b. legitimate expectation must arise either from an express...
Chief Information Commissioner Has Power To Form Benches & Frame Regulations For Smooth Functioning Of Central Information Commission: Supreme Court
The Supreme Court recently held that the Chief Information Commissioner (CIC) has the power to form benches and frame regulations for the effective management of the affairs of the Central Information Commission under Section 12(4) of the Right to Information Act, 2005.A bench of Justice Vikram Nath and Justice Satish Chandra Sharma held –“Crucially, Section 12(4) of the RTI Act...
Writ Petition By Teachers Not Maintainable Against Private School Over Service Disputes : Supreme Court
The Supreme Court held that a writ petition under Article 226 of the Constitution couldn't be entertained against a private education society for adjudication of private service disputes.The Court also held that the Army Welfare Education Society cannot be considered as "State" under Article 13 of the Constitution.Setting aside the High Court judgment, the bench comprising Justices JB...
'What Kind Of Order?' : Supreme Court Questions HC For Deferring Release Of Accused By 6 Months Despite Granting Him Bail
The Supreme Court on Friday (July 12) raised concerns over a "strange" order by the Patna High Court that granted bail to an accused in a murder case but directed his release only after six months, without providing any reason for this condition.A bench of Justice Abhay Oka and Justice Ujjal Bhyan granted interim bail to the accused, one Jitendra Paswan, subject to the conditions outlined in...
Indian Citizenship Should Not Be Doubted Due To Minor Variations In Name Spellings In Electoral Rolls Or Govt Records: Supreme Court
The Supreme Court on Thursday (July 11) highlighted the challenges faced by uninformed or illiterate individuals in rural areas, particularly in Assam, to prove Indian citizenship without having official documents.A bench of Justice Vikram Nath and Justice Ahsanuddin Amanullah highlighted that it is common for such persons to lack government-issued documents, especially when they do not own...