Supreme Court

19th Sep, 2018

If reforms are to be brought about in the process of election, it can only be done vide an amendment of legislation

In a recent judgment, the Supreme Court, held that the High Court of Calcutta was in error in issuing directions for the acceptance of nomination in electronic form. The said ruling was delivered in the […]
14th Sep, 2018

Relief under Section 6 of the Specific Relief Act is summary in nature and no appeal lies against it

The Supreme Court reminded the courts below that proceedings under Section 6 of the Specific Relief Act were not appealable in the light of Section 6(3) of the Act. The said observation was made by […]
14th Sep, 2018

Principle of Molding Relief can’t be invoked at an Interlocutory Stage

The Supreme Court has observed that principle of molding of relief could at best be resorted to at the time of consideration of final relief in the main suit and not at an interlocutory stage. […]
14th Sep, 2018

Railways empowered to frame its own rules to lay down service conditions of its Employees

The Supreme Court has held that the Railways is not bound by the memorandum issued by the Department of Personnel and Training (DoPT) and are empowered to frame its own rules to lay down the […]
13th Sep, 2018

If the vehicle owner was aware that the driving license of the driver was not genuine, the insurer will be absolved from liability

  In a recent judgment, the Supreme Court, held that the adjudicating tribunal has to analyze evidence and pleading to ascertain whether the vehicle owner was aware that the driving license of the driver was […]
13th Sep, 2018

Contempt Action without framing of charges not sustainable

The Division Bench of the Apex Court set aside the conviction and sentence imposed by the Delhi High Court under the Contempt of Court Act 1971, holding, inter-alia, that formal charges were not framed against […]
6th Sep, 2018

A person can’t acquire Adverse Possession by simply remaining in permissive possession, for howsoever long it may be

The Supreme Court exposited that one who holds possession on behalf of another i.e. permissive possession, does not by mere denial of the other’s title, make his possession adverse so as to give himself the […]
5th Sep, 2018

There has to be an assertion of ownership title in the person who claims adverse possession to the knowledge of the true owner and the world at large.

In a recent judgment, the Hon’ble High Court of Delhi observed and held that it is the manifest duty of the person claiming adverse possession to prove that there was an assertion of hostile ownership […]
31st Aug, 2018

Under Section 47 of the Code of Civil Procedure 1908, only the Executing Court has the power to determine whether the decree has been satisfied.

In a recent judgment, the Hon’ble Supreme Court of India observed and held that it is the manifest duty of the executing court to execute the decree as it stands, without adding anything to it. […]
30th Aug, 2018

Until ground seeking eviction in terms of the concerned Rent Act is not made out, no eviction of a tenant can be ordered, even if the parties had entered into a compromise

The Apex court has held that eviction of a tenant, protected by a Rent Control Act of a state, may be ordered only when a valid ground for eviction under the said act is made […]
25th Aug, 2018

Defence of negligence can’t be raised in proceedings u/s 163A of Motor Vehicles Act.

The Supreme Court has upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver (victim) in […]
16th Aug, 2018

Share of a coparcener after partition is ancestral property qua his male heirs but separate property qua other relations

The Supreme Court reaffirmed that upon partition, a coparcener’s share in the ancestral property is ancestral property as regards his male issue in which such male issue will have an interest by birth. As regards […]