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 IndiaEverest Coal Company (P) Ltd … Continue reading Suit against court appointed Reciever Sanction u/s 80 CPC sine qua non
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 Sibbia's … Continue reading Scope and Ambit of Anticipatory Bail – S.S.Mhetre – 2011
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 IndiaRam Lal Narang Etc. Etc vs … Continue reading On Re-investigation 173(8) CrPC
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 … Continue reading Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.
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 … Continue reading Rape – Consent & False Promise of Marriage
A Case on outraging the modesty of a woman & Rape. Supreme Court of IndiaRaju Pandurang Mahale vs State Of Maharashtra And Anr. on 11 February, 2004Equivalent citations: AIR 2004 SC 1677, 2004 CriLJ 1441, JT 2004 (2) SC 425Author: A PasayatBench: D Raju, A PasayatJUDGMENTArijit Pasayat, J.1. Appellant calls in question legality of the conviction … Continue reading A Case on outraging the modesty of a woman & Rape.
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 death … Continue reading Transmigration of motive/Transfer of Malice – S.299/300/301 IPC
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 … Continue reading Supreme Court on the Basics of Law of Partition
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 … Continue reading Burden of Proving good faith of transactions hit by undue influence
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 … Continue reading Specific Performance of an Agreement executed by Vendor alone