Suit against court appointed Reciever Sanction u/s 80 CPC sine qua non

In a suit filed against Reciever appointed by court sanction u/s 80 CPC is required – however if leave nto taken before instituion is taken afterwards (leave to continue with suit) then defect is not fatal so as to defeat the very action. Courts should not be hypertechnical. Supreme Court of India Everest Coal Company […]

Scope and Ambit of Anticipatory Bail – S.S.Mhetre – 2011

SCOPE AND AMBIT OF ANTICIPATORY BAIL – summed up and reiterated by the the Hon’ble SC in SS.Mhetre v. State of Maharashtra (2010 SC) 118. A good deal of misunderstanding with regard to the ambit and scope of section 438 Cr.P.C. could have been avoided in case the Constitution Bench decision of this court in […]

On Re-investigation 173(8) CrPC

Comment : A landmark decision on powers of further investigation and how in the fitness of things – the police should inform the magistrate and seek permission to maintain harmony between judiciary and executive if new facts – warrant a re-investigation or a further investigation u/s 173(8) Supreme Court of India Ram Lal Narang Etc. […]

Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.

Comment : In this case the court held that S.151 does not empower the court to pass wild anti suit injunctions – where the power is expressly given in S.94(a) CPC/O.39 R 1 & 2, 151 should be pushed into action only rarely. In this case a court gave an anti suit injunction staying proceedings […]

Rape – Consent & False Promise of Marriage

Comment : This case concerned a case of RAPE & CHEATING. The Court negatived the prosecution version that the girl gave in to the intercourse on false promise of marriage, though upheld the version of ravishment against consent. Thus maintaining conviction for Rape and Cheating. With all due respect Don’t really countenance the line of […]

A Case on outraging the modesty of a woman & Rape.

A Case on outraging the modesty of a woman & Rape. Supreme Court of India Raju Pandurang Mahale vs State Of Maharashtra And Anr. on 11 February, 2004 Equivalent citations: AIR 2004 SC 1677, 2004 CriLJ 1441, JT 2004 (2) SC 425 Author: A Pasayat Bench: D Raju, A Pasayat JUDGMENT Arijit Pasayat, J. […]

Transmigration of motive/Transfer of Malice – S.299/300/301 IPC

Comment : A case where a person shoots to kill his adversary but ends up killing his wife – is convicted of murder by aid of S.301 – The Court holds that his malice/intention transferred to the wife of intended victim – it is also pertinent to note that S.299/300 talks about whoever causes […]

Supreme Court on the Basics of Law of Partition

Comment : In this case the court was faced with a query “whether there is a period of limitation for filing an application for passing of final decree (metes and bounds partition) after prelininary decree declaring their shares is passed ? Court held N O – as suit is still on hold and is not disposed […]

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 Bench: D Raju, A Pasayat JUDGMENT Arijit Pasayat, J. 1. Leave granted. 2. By the impugned judgment, learned Single Judge […]

Specific Performance of an Agreement executed by Vendor alone

Supreme Court of India Alka Bose vs Parmatma Devi & Ors. on 17 December, 2008 Author: P Sathasivam Bench: R.V. Raveendran, P. Sathasivam SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 6197 OF 2000 ALKA BOSE Appellant (s) VERSUS PARMATMA DEVI & ORS. Respondent(s) Date: 17/12/2008 This Appeal was called on for judgment […]