Comment : In this case an unregistered firm sued to recover possession from a tenant (erstwhile insofar as term of tenancy had ceased) – the suit was resisted on the ground that since the basis […]
Tag: 1872
Cancellation of Transaction on account of Frustration !
Comment : In this case a person sold X (leasehold warehouse) to his friend. Later he cried misrepresentation and sought to steer clear of the transaction. Later at the stage of second appeal he took the […]
Contract–Money deposited as earnest money–Breach committed by buyer-Right of seller to forfeit-Principles. Contract Act (9 of 1872), ss. 64 and 74-Scope of.
Supreme Court of India Shree Hanuman Cotton Mills & Ors vs Tata Air-Craft Ltd on 28 October, 1969 Equivalent citations: 1970 AIR 1986, 1970 SCR (3) 127 Bench: Vaidyialingam, C.A. PETITIONER: SHREE HANUMAN COTTON MILLS […]
Supreme Court on Benami Transactions
Supreme Court on Benami Transactions Supreme Court of India Samittri Devi & Anr. vs Sampuran Singh & Anr. on 21 January, 2011 Author: Gokhale Bench: Dalveer Bhandari, H.L. Gokhale IN THE SUPREME COURT OF INDIA […]
Liability of Pledgee for Criminal Breach of Trust
Comment : In this case the court held a bank liable for criminal breach of trust where it misappropriated the govt. securities pledged with it by the pledgor to secure overdraft – in actuality no overdraft […]
Conviction u/s 306 IPC in absence of a charge to the effect.
Comments : In this case the court held that even though no specific charge u/s 306 is framed – the accused can be convicted under the same (S.221(2) CrPC) if otherwise 304B/498A was framed. […]
Is criminal judgment binding on a civil case ?
Comment : We, therefore, are of the opinion that the judgment in a criminal case was not relevant in evidence for the purpose of proving a person’s civil liability and the other way round. Supreme […]
Supreme Court on S.92 Evidence Act – Doctrine of Conclusivity of Documentary Evidence.
Supreme Court of India State Bank Of India & Anr vs Mula Sahakari Sakhar Karkhana Ltd on 6 July, 2006 Author: S Sinha Bench: S Sinha, P Balasubramanyan CASE NO.: Appeal (civil) 2801 of 2006 […]
Supreme Court on Possession of fruits of crime in murder case
A decision on inference arising from possession of fruits of crime – soon after the occurence, in absence of reasonable explanation may lead to inference of complicity, also a preposition on Life Sentence means incarceration […]
Burden of Proving good faith of transactions hit by undue influence
Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR 2003 SC 4351, 2004 (1) JCR 30 SC Author: A Pasayat […]