Supreme Court

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 […]
6th Aug, 2018

Prior Notice to other party before filing application to set aside arbitral award not mandatory

  The Supreme Court has held that the requirement [under Section 34(5)] of Arbitration and Conciliation Act of prior notice to the other party before filing an application to set aside an arbitral award is […]
4th Aug, 2018

Proprietor of a Trade Mark cannot enjoy monopoly over the entire class of goods

The Supreme Court in M/S. Nandhini Deluxe vs. Karnataka Co-Operative Milk Producers Federation Ltd. [CIVIL APPEAL NO. 2943-2944 OF 2018], decided on 26.07.2018 has held that the proprietor of a trade mark cannot enjoy monopoly […]
18th Jul, 2018

An unregistered agreement to sell can be made basis for a suit for specific performance without having any effect under Section 53A of the Transfer of Property Act, 1882

The Supreme Court held that an unregistered agreement to sell can be received as evidence of a contract in a suit for specific performance however, the protection under Section 53A of Transfer of Property Act 1882 would not be available in case of unregistered agreement […]