Supreme Court Weekly Round-Up
5 years, 3 months ago

Supreme Court Weekly Round-Up

Live Law  

Succession To Mutawalliship By Descendant Through Female Line Not Barred The Supreme Court held that there is no legal bar on cognatic heirs of the waqif from succeeding to mutawalliship. Section 102 CrPC- Expression 'Any Property' Does Not Include 'Immovable Property' The Supreme Court held that the expression 'any property' appearing in Section 102 of the Code of Criminal Procedure would not include 'immovable property'. IBC- Article 137 Limitation Act Applies To Section 7 Applications; Not Article 62 The Supreme Court held that Article 62 of the Limitation Act would only apply to suits and not to "an application" which is filed under Section 7 of the Insolvency and Bankruptcy Code, which would fall only within the residuary Article 137. Father's Self Acquired Property Given To Son By Will/Gift Retains Character Of Self Acquired Property Unless The Deed Intends Otherwise The Supreme Court held that as per Mitakshara Law of Succession, father's self-acquired property given to son by way of Will/gift will retain the character of self acquired property and will not become ancestral property, unless a contrary intention is expressed in the testament.The bench comprising Justices L Nageswara Rao and Hemant Gupta was dealing with an appeal from the High Court of Gujarat. The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose, refusing the plea to refer this issue to a larger bench, observed that this view has been consistently taken by the Supreme Court and is in line with both the letter and spirit of the Criminal Procedure Code.

Justice Supreme Court Property Court Criminal Procedure Held Supreme Suit Act Bench Patel This Case Observed Immovable Property Mutawalli Deepak Gupta 300 Ipc Self Acquired Property Section 102 Of  supreme  weekly  justice  held  vs  v  observed  property  roundup  court  act  bench

History of this topic

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute
1 day, 5 hours ago

Defendants Cannot Introduce Death Certificate As Additional Evidence Without Relevant Pleadings: Jharkhand HC Rules In Property Dispute

Live Law  

Setting aside an order of a district court allowing introduction of a death certificate as evidence in a property dispute, the Jharkhand High Court said that a death certificate issued years after the death, based solely on an affidavit, cannot be admitted as additional evidence if it lacks evidentiary basis and is inconsistent with the pleadings. Presiding over the case …

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court
5 days, 6 hours ago

Knowledge About Sale Deed Can't Be Presumed From Date Of Its Registration; Limitation Period Starts From Date Of Knowledge : Supreme Court

Live Law  

While dealing with dismissal of a suit, seeking cancellation of a sale deed, on the ground of limitation, the Supreme Court recently reiterated that the period of limitation in such cases begins from the date when knowledge of fraud is acquired, and not the date of registration. "While the High Court came to the correct conclusion that under Article 59 …

Supreme Court Slams Maharashtra Officials For Non-Payment Of Land Acquisition Compensation, Directs Recovery Of Cost From Guilty Officers
1 week, 1 day ago

Supreme Court Slams Maharashtra Officials For Non-Payment Of Land Acquisition Compensation, Directs Recovery Of Cost From Guilty Officers

Live Law  

The Supreme Court today slammed Maharashtra authorities over non-payment of timely compensation to persons whose lands were compulsory acquired by the state way back in 2005. A bench of Justices Surya Kant and N Kotiswar Singh was dealing with the petitioner's plea against a High Court order, whereby the Zilla Parishad was directed to pay compensation to respondent-claimants against compulsory …

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881
2 weeks, 6 days ago

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881

Live Law  

Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonour of cheque. Prem Raj v. Poonamma Menon, 2024 LiveLaw 272 : 6 SCC 143 Section 138 – Dishonouring of cheque – Held, existence of any “enforceable debt or other liability” not found. Raj Reddy Kallem v. State of Haryana, 2024 LiveLaw 336 Section 147 …

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court
3 weeks, 2 days ago

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court

Live Law  

The Jharkhand High Court in a judgment delivered recently emphasised the mandatory nature of conducting a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code when disputes arise regarding the legal heirs of a deceased plaintiff or defendant. Justice Subhash Chand, presiding over the case, held: “Where there is dispute in regards to legal heirs of deceased …

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index
3 weeks, 3 days ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law  

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14
1 month ago

Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14

Live Law  

The Supreme Court on Monday highlighted the inconsistencies and conflicting interpretations surrounding the interplay between Sections 14 and 14 of the Hindu Succession Act, 1956 which deals with the rights of Hindu females in property inherited or possessed by them.The bench comprising Justice PS Narasimha and Justice Sandeep Mehta dealt with the. In Sadhu Singh's case, the Court said that …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
1 month ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Disputes Over Title Cannot Be Adjudicated In Suits U/S 6 Of Specific Relief Act: Jharkhand High Court
1 month, 1 week ago

Disputes Over Title Cannot Be Adjudicated In Suits U/S 6 Of Specific Relief Act: Jharkhand High Court

Live Law  

The Jharkhand High Court has reiterated that the title for ownership in regard to the property in question is not to be adjudicated under Section 6 of the Specific Relief Act, 1963. Justice Subhash Chand, while dismissing a Civil Miscellaneous Petition challenging a trial court's rejection of an impleadment application, reiterated, “the suit was for recovery of the possession under …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
1 month, 1 week ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Person Holding Relevant Evidence To Dispute Not 'Necessary Party' Unless Compelled By Law: Rajasthan High Court Reiterates
1 month, 2 weeks ago

Person Holding Relevant Evidence To Dispute Not 'Necessary Party' Unless Compelled By Law: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court has reiterated that merely because a person was holding some relevant evidence to present on the questions involved in a dispute, that in itself would not make that person a necessary party to be impleaded in the suit. The bench of Justice Nupur Bhati further relied upon the principle of dominus litis, to reject defendant's challenge against …

S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court
1 month, 3 weeks ago

S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court

Live Law  

The Supreme Court observed that a Hindu woman can claim absolute ownership if the property is tied to her antecedent maintenance right.The bench comprising Justice CT Ravikumar and Justice Sanjay Karol observed that under Section 14 of the Hindu Succession Act, 1956, for a possessory right to be transformed into full ownership, it must be established that the Hindu woman …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
1 month, 3 weeks ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024
Trending News
2 months ago

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024

Live Law  

Nominal Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited, Civil Appeal No 12097 of 2024 Citation: 2024 LiveLaw 852 The Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a …

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024
Trending News
2 months ago

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024

Live Law  

Nominal Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited, Civil Appeal No 12097 of 2024 Citation: 2024 LiveLaw 852 The Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a …

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
2 months ago

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index

Live Law  

Advocate Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Devendra Kumar Pal v. State of U.P., 2024 LiveLaw 687 Section 401 - Under Section 401 Cr.P.C., the High Court lacks the authority to convert an acquittal into a conviction in revision proceedings. Omkar Ramchandra …

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
2 months ago

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index

Live Law  

Advocate Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Devendra Kumar Pal v. State of U.P., 2024 LiveLaw 687 Section 401 - Under Section 401 Cr.P.C., the High Court lacks the authority to convert an acquittal into a conviction in revision proceedings. Omkar Ramchandra …

Supreme Court Weekly Round-Up (20 May-25 May, 2024)
7 months, 2 weeks ago

Supreme Court Weekly Round-Up (20 May-25 May, 2024)

Live Law  

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. BREAKING | Supreme Court Refuses To Entertain Hemant Soren's Petition Challenging ED Arrest Case Title: Hemant Soren v. Directorate of Enforcement and Anr., …

False legal heirship certificates | Madras High Court orders criminal prosecution against those who seek and issue them
8 months ago

False legal heirship certificates | Madras High Court orders criminal prosecution against those who seek and issue them

The Hindu  

Taking serious note of corrupt practices in issuance of legal heirship certificates, the Madras High Court has ordered criminal prosecution against those who seek such certificates by suppressing vital information, and also against government officials who issue these certificates in collusion with such applicants. Subramaniam has directed the Commissioner of Revenue Administration to issue a circular within five weeks instructing …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
8 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

The Complete Supreme Court Annual Digest- 2023 [Part-III]
9 months ago

The Complete Supreme Court Annual Digest- 2023 [Part-III]

Live Law  

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Pramod Sinha v. Suresh Singh Chauhan, 2023 LiveLaw 596 Section 33 - Judgment and decree Code of Civil Procedure, 1908; Section 33, Order XX Rule 4, 5; Order XLI Rule 23, 23A, 24 and 25 - Remand - High Court passed order …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
10 months ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]
10 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]

Live Law  

Abuse 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. High Court Bar Association Allahabad v. State of Uttar Pradesh, 2024 LiveLaw 177 Contract Act, 1872 Contract Act, 1872; Section 182 - Distributor, not agent: independent …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
10 months, 2 weeks ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2
11 months, 3 weeks ago

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2

Live Law  

MCQs based on Current SC Judgments- September 2023 21. 2023 LiveLaw 724, 2023 INSC 776 b) Drakshayanamma v. Girish, 2023 LiveLaw 709 c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw 811 d) State of Punjab v. Shika Trading Co., 2023 LiveLaw 721: 2023 INSC 773 Answer- c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw 811 Explanation: The Supreme …

Supreme Court Weekly Round-Up(23rd-29th October)
1 year, 2 months ago

Supreme Court Weekly Round-Up(23rd-29th October)

Live Law  

Nominal Index Tottempudi Salalith v State Bank Of India 2023 LiveLaw 914 M/S Unibros v. All India Radio, 2023 LiveLaw 918 Debasish Paul v. Amal Boral, 2023 LiveLaw 919 Mumtaz Yarud Dowla Waqf v. M/S Badam Balakrishna Hotel Pvt Ltd. 2023 LiveLaw 920 Manmohan Gopal v. State Of Chhattisgarh, 2023 LiveLaw 921 Ambalal Parihar v. State of Rajasthan and ors, …

[Article 142] Supreme Court Issues Directions For Sale And Attachment Of Assets To Clear Arrears Of Maintenance To Woman Abandoned By Husband
1 year, 2 months ago

[Article 142] Supreme Court Issues Directions For Sale And Attachment Of Assets To Clear Arrears Of Maintenance To Woman Abandoned By Husband

Live Law  

The Supreme Court recently directed sale of ancestral property of a man to pay arrears of maintenance of Rs. A bench of Justice Ravindra Bhat and Justice Aravind Kumar relied on decisions of the Apex Court in Subrata Roy Sahara V Union Of India 12 SCR 573 and Delhi Development Authority V. Skipper Construction 1996. A bench of Justice Ravindra …

Mere Registration of Will Not Enough to Assign It Validity: Supreme Court
1 year, 3 months ago

Mere Registration of Will Not Enough to Assign It Validity: Supreme Court

News 18  

The Supreme Court has said mere registration of a will would not be sufficient to prove its validity, as its lawful execution necessarily has to be proved in accordance with section 68 of the Indian Evidence Act, 1872, and section 63 of the Indian Succession Act, 1925. The top court, however, found Dhani Ram failed to prove the execution of …

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]
1 year, 3 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]

Live Law  

The Court having jurisdiction to grant a Succession Certificate is the District Judge within whose territorial limits the deceased ordinarily resided at the time of his death.. In the State of Kerala the State Government, in exercise of their power under Section 388 of the Indian Succession Act issued two notifications on 06-02-1958 which read as follows:- "i) In exercise …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- [August 14 – 20, 2023]
1 year, 3 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- [August 14 – 20, 2023]

Live Law  

SUBJECT WISE INDEX Allotment of Plots Allotment of Plots - E-auction - When the HSIIDC as the authority deciding to allot industrial plots had laid down a particular procedure which will ensure fairness and transparency amongst the participants, they cannot depart from the notified process particularly when there was no technical report available with the authority to confirm technical fault …

Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court
1 year, 5 months ago

Order XXI Rule 90 CPC | Stranger To Suit Can Challenge Sale If Entitled To Share In Rateable Distribution Of Assets: Kerala High Court

Live Law  

The Kerala High Court on Wednesday clarified that a person, including a stranger to the suit apart from the judgment debtor or those claiming derivative title from the judgment debtor, is competent to challenge a sale of property under Order XXI Rule 90 of the CPC if their interests are affected by the sale.A Division Bench of Justice Anil K …

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court
1 year, 7 months ago

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court

Live Law  

The Kerala High Court recently held that married daughters belonging to the Hindu Malayala Kammala caste would also be entitled to a share in the self-acquired property of their parent. It held that any custom governing intestate succession in respect of the self acquired property of a Hindu that was inconsistent with the provisions of the Hindu Succession Act, 1956, …

Supreme Court Monthly Digest April 2023
1 year, 7 months ago

Supreme Court Monthly Digest April 2023

Live Law  

SUBJECT WISE INDEX Administrative Law Rules of Business - When the Cabinet constitutes a committee and the latter’s actions are validated by the Minister and the rest of the Council, then it cannot be claimed that Rules of Business have not been followed by the State Government in the course of its decision-making process. National Insurance Co. Ltd. v. Harsolia …

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court
1 year, 8 months ago

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court

Live Law  

The Supreme Court bench comprises Justices M.R. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to …

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court
1 year, 9 months ago

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court

Live Law  

The Supreme Court set aside an order passed by the Delhi High Court which held that since the compensation was not paid to the landowners, the acquisition of the land in question was lapsed in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. While relying upon the judgment …

Supreme Court Weekly Digest With Nominal And Subject/Statue Wise Index (Citations 181 - 210) Part 3 [March 13 – 19, 2023]
1 year, 10 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statue Wise Index (Citations 181 - 210) Part 3 [March 13 – 19, 2023]

Live Law  

SUBJECT WISE INDEX Bail Ensure basic essentials such as FIR number, police station are recorded in bail orders: Supreme Court to all High Courts. State of Punjab v. Principal Secretary to the Governor of Punjab, 2023 LiveLaw 188 Article 226 - Supreme Court explains tests to determine if cause of action has arisen within jurisdiction of the High Court. State …

Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court
1 year, 10 months ago

Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court

Live Law  

The Tripura High Court has held that a certified copy of a sale deed is secondary evidence under Section 63 of the Evidence Act which acknowledges/recognizes the existence, conditions and contents of a Sale deed, but notits execution. Adjudicating upon the matter Justice Lodh observed that the certified copy of the sale deed, when exhibited by the Court without any …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [February 6 – 12, 2023]
1 year, 11 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [February 6 – 12, 2023]

Live Law  

SUBJECT WISE INDEX Bail The Supreme Court expresses anguish at Trial Courts acting in violation of its judgments on bail & remand. Talat Sanvi v. State of Jharkhand, 2023 LiveLaw 83 Bar Council Supreme Court Constitution Bench upholds the validity of All India Bar Examination - Recongizes the right of Bar Council of India to prescribe such a condition for …

Supreme Court Annual Digest 2022-Practice & Procedure
1 year, 11 months ago

Supreme Court Annual Digest 2022-Practice & Procedure

Live Law  

Practice & Procedure - Party having the right of consideration of appeal does not have any corresponding right to insist for consideration of the appeal by a forum which is no longer in existence. Indrajeet Yadav v. Santosh Singh, 2022 LiveLaw 386 : AIR 2022 SC 1941 Practice and Procedure - Appeal against Gujarat HC order in a dispute between …

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties
1 year, 11 months ago

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties

Live Law  

The Kerala High Court in an Official Memorandum dated 24 January 2023 has directed for the implementation of a uniform procedure to be followed while impleading the legal heirs of deceased parties. The OM issued by Registrar General reads that Chief Justice has ordered for the implementation of the Division Bench order in State of Kerala v. Govindan, in which …

Supreme Court Annual Digest 2022- Indian Evidence Act, 1872
2 years ago

Supreme Court Annual Digest 2022- Indian Evidence Act, 1872

Live Law  

Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act 1872 - Dying Declaration - When can be relied upon - Conditions - It could thus be seen that the Court is required to …

Judicial Service Examination- Questions Based On Latest Supreme Court Judgements
2 years ago

Judicial Service Examination- Questions Based On Latest Supreme Court Judgements

Live Law  

In Sukhal Singh Khaira v. State of Punjab, the Supreme Court made some important observations with respect to Section 319, CrPC. In case of conflict between RERA and SARFAESI, the former would prevail c. Real Estate Regulatory Authority can entertain complaints by home buyers against the bank which took possession of a real estate project as a secured creditor d. …

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent
2 years ago

Supreme Court Quashes Criminal Proceedings As Complainant Availed Civil Remedy ; Clarifies This Order Not to Be Treated As Precedent

Live Law  

The Supreme Court, in an judgment passed yesterday, quashed criminal proceedings against an accused in a cheating case after noticing that the complainant in fact availed civil remedy.The court however clarified that this order in the facts and circumstances of the present case and the same shall not be cited as a precedent.In this case, the complainant alleged that his …

Subsequent Purchaser Has No Right to Claim Lapse of Land Acquisition Proceedings U/s 24 RFCTLARR : Supreme Court
2 years, 2 months ago

Subsequent Purchaser Has No Right to Claim Lapse of Land Acquisition Proceedings U/s 24 RFCTLARR : Supreme Court

Live Law  

The Supreme Court reiterated that a subsequent purchaser has no right to claim lapse of acquisition proceedings.In this case, the land in question was notified to be acquired under Section 4 of the Land Acquisition Act, 1894 on 25.11.1980; declaration under Section 6 was issued on 07.06.1985; and award came to be declared by the Collector on 17.06.1987. Vs. Commissioner, …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]
2 years, 2 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 24 – 31, 2022]

Live Law  

Central Excise Tariff Act, 1988 - Modified Vapour Absorption Chiller Machines cannot be categorized as a Heat Pump to avail concessional tariff benefits - The end use of MVAC is to produce Chilled Water. Thermax Ltd v. Commissioner of Central Excise, Pune-1, 2022 LiveLaw 881 Code of Criminal Procedure, 1973; Section 406 - Negotiable Instruments Act, 1881; Section 138 - …

Clerk Fighting Employment Dispute For Over 8 Years Dies, Bombay High Court Directs All Pensionary Benefits
2 years, 2 months ago

Clerk Fighting Employment Dispute For Over 8 Years Dies, Bombay High Court Directs All Pensionary Benefits

Live Law  

The Bombay High Court recently directed Hingoli Zilla Parishad to grant all pensionary benefits to the legal heirs of a deceased clerk even though the case challenging his dismissal was pending in the Labour Court. "In the peculiar facts and circumstances of the case, ends of justice would meet if a quietus is given to the entire case by directing …

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations
2 years, 4 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations

Live Law  

Evidence Act, 1872 - "Matters" - Matters are necessary, concomitant material factors to prove a fact. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : …

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court
2 years, 6 months ago

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court

Live Law  

The Madras High Court recently observed that a person who purchases a piece of land after the issuance of notification for its acquisition by the government under Section 4 of the Land Acquisition Act 1894, has no right to challenge the acquisition proceedings. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala dismissed the appeals filed by …

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 7 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Live Law  

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court
2 years, 7 months ago

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court

Live Law  

The Supreme Court observed that settled exclusive possession of a property of Hindu Undivided Family by a widow would create a presumption that such property was earmarked for realization of her pre-existing right of maintenance.This is more particularly when the surviving coparcener did not earmark any alternative property for recognizing her pre-existing right of maintenance, the. The Supreme Court observed …

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