Supreme Court

18th Jan, 2018

Interpretation of the definition of “Dispute” and “existence of disputes” under the Insolvency and Bankruptcy Code, 2016

The definition of the term “dispute” has been expanded and is not restricted to pending suits and arbitration. It includes correspondences exchanged between parties showing a dispute relating to payment of debt as well. The […]
18th Jan, 2018

Neither the Standards of Weights and Measures Act, 1976 nor the Legal Metrology Act, 2009, would apply so as to interdict the sale of mineral water in hotels and restaurants at prices which are above the MRP.

The Hon’ble Supreme Court of India in the case titled Federation of Hotel and Restaurant Associations of India Vs Union of India and Ors (Civil Appeal no. 21790 OF 2017) decided on 12.12.2017 affirmed the […]
17th Jan, 2018

Amendment to pleadings permissible after commencement of trial if no prejudice is being caused

The Supreme Court held that amendment in pleadings under Order VI Rule 17 could be allowed even after commencement of trial if no prejudice is caused to the other party. The said judgment was passed […]
1st Sep, 2017

Valuation of a suit property for the purpose of jurisdiction is different from valuation for the purpose of Court fees

The Supreme Court in J. Vasanthi and Ors. Vs.  N. Ramani Kanthammal (D) Rep. by L.Rs. and Ors. Civil Appeal No. 3396 of 2017 on 10.08.2017 stated that proper valuation of a suit property stands on […]
1st Sep, 2017

Essentials of mortgage by conditional sale

The Supreme Court in the matter of Vithal Tukaram Kadam vs Vamanrao Sawalaram Bhosale decided on 9 August, 2017 Civil Appeal Nos. 7245-7246 OF 2011 summarised the essentials of an agreement, to qualify as a […]
10th Aug, 2017

Powers of Police under Section 498A IPC curtailed

The Hon’ble Supreme Court of India in the matter of Rajesh Sharma Vs. State of UP, Criminal appeal no. 1265 of 2017, decided on 27th July, 2017 inter-alia gave the following guidelines in regard to […]
10th Aug, 2017

Power of Court in revision jurisdiction is limited

  The Hon’ble Supreme Court in the matter of Gandhe Vijay Kumar Vs. Mulji, Civil appeal no. 1384 of 2011 decided on 27th July, 2017 while deciding upon the powers of the Hon’ble High Court […]
10th Aug, 2017

Difference between Mortgage by conditional sale and Sale with a condition to repurchase

The Supreme Court of India in the matter of Bibi Fatima vs. M. Ahamed Hussain, Civil Appeal no. 7023/2012, decided on 1st August, 2017 opined on the question that whether a transaction is a mortgage by conditional sale […]
31st Jul, 2017

Sale of an immovable property can only be made by Registered instruments

The Supreme Court in the matter of The Greater Bombay Co-operative Bank Limited vs. Nagraj Ganeshmal Jain decided on 26th July, 2017, being Civil Appeal Nos. 009777-009778 of 2017 has reiterated yet again that immoveable […]
31st Jul, 2017

Eviction only when property sublet without the permission of the landlord.

The Supreme Court in the matter Bhairon Sahai (D) vs. Bishamber Dayal (D) decided on 18th July, 2017, while dealing with a petition under Section 14(1)(b) of Delhi Rent Control Act 1958 has held that […]
11th May, 2017

Court auction sale cannot be set aside just for asking

The Supreme Court Chilamkurti Bala Subrahmanyam
vs. Samanthapudi Vijaya Lakshmi; Civil Appeal No. 5988 of 2007 has held that for setting aside a court auction sale a charge of fraud or material irregularity under Order 21 […]
2nd May, 2017

Magistrates have to be vigilant before issuing summons or taking cognizance of an offence

Supreme Court in the matter of Mahender Singh Dhoni Vs. Yerraguntla Shyamsundar; Transfer Petition (Criminal) no. 23 of 2016 cautioned the magistrates who have been conferred with the power of taking cognizance and issuing summons […]