Supreme Court

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 […]
2nd May, 2017

Complaints by a spouse to public authorities do not per se constitute Cruelty

Supreme Court in the matter of Raj Talreja Vs Kavita Talreja; Civil Appeal no. 10719/2013 held that mere filing of complaints against the spouse is not cruelty, if there are justifiable reasons to file the […]
2nd May, 2017

Parties by an Agreement can confer jurisdiction upon a Court in Arbitration matters

Supreme Court in the matter of Indus Mobile Vs. Datawind Innovations; Civil appeal no. 5370-5371/2017 in a landmark judgment has modified the understanding of law with regard to jurisdiction of Court. Age old law that […]
17th Mar, 2017

Continuance in service for long time no right to seek regularisation

Supreme Court in the matter of Secretary to Govt Vs. A Singamuthu Civil Appeal no. 3770/2017 decided on 7th March, 2017 held Part-time or casual employment is meant to serve the exigencies of administration. It […]
17th Mar, 2017

Trust not entitled to invoke jurisdiction of Consumer Courts

Supreme Court in the matter of Pratibha Pratisthan Vs Manager, Canara Bank; Civil Appeal no. 3560/2008 vide judgement dated 7th March, 2017 held A reading of the definition of the words ‘complaint’, ‘complainant’ and ‘consumer’ […]
17th Mar, 2017

Litigants abusing the process of law should be dealt with harshly

Hon’ble Supreme Court in the matter of Dnyandeo Sabaji Naik Vs Pradnya Prakash Khadekar; SLP(C) no. 25331-33 of 2015 vide judgement dated 1st March, 2017 held that this Court must view with disfavour any attempt […]
2nd Mar, 2017

After acquisition of land, an allottee cannot be taken as necessary or proper party #legalupdates

Acquisition may either be for a “public purpose” or for a company. When land has been acquired for public purpose, land vests in State after the Collector has made an award and the possession is […]
2nd Mar, 2017

Relief u/s Section 20 of the Specific Relief Act is discretionary #legalupdates

In a case decided by Supreme Court, the Court has held that Section 20(1) of Specific Relief Act, 1963 indicates that, jurisdiction to decree specific performance is discretionary. Yet, discretion of Court is not arbitrary […]
19th Feb, 2017

Custody of minor child to be determined by the welfare of the minor #indianlaws

The Supreme Court in the matter titled as Vivek Singh Vs. Romani Singh, Civil Appeal no. 3962/2016 decided on 13th February, 2017 was determining the issue of custody of a minor child. The Court reiterated […]
19th Feb, 2017

Industrial lease deed to be renewed as per the terms of lease #indianlaws

The Hon’ble Supreme Court in the matter of Orissa Industrial Infrastructure Development Corporation Vs. MESCO Kalinga Steel Limited; Civil Appeal no. 2545/2017, decided on 14th February, 2017 held that renewal of lease is a privilege […]
18th Feb, 2017

Judicially Separated Wife Is Also Entitled To Maintenance

The Supreme Court opined on the question of maintenance to a judicially separated wife that “The Court is required to look into the question whether the petitioner is entitled to maintenance or not and, if […]