Supreme Court

24th Feb, 2020

An election cannot be challenged in a writ petition under Article 226 but only by way of an election petition

The Supreme Court in the matter of Gulabrao Ananda Patil vs. State of Maharashtra in Civil Appeal No. 1623 OF 2020 (Arising out of SLP (Civil) NO. 20814 OF 2019) decided on 14.02.2020 held that […]
24th Feb, 2020

In the absence of entry in the revenue record, which is expected to contain the entry of rent and possession, the tenancy cannot be treated to be in existence only on the basis of oral evidence of the witnesses examined by the defendant

The Supreme Court in the matter of Shri Partap Singh vs Shiv Ram (Civil Appeal No. 1511 of 2020) decided on 20.02.20 held that although oral evidence can always be adduced contrary to the revenue […]
24th Feb, 2020

Marriage contracted during pendency of appeal from a divorce decree filed after expiry of limitation period, is not void

The Supreme Court in the matter of Krishnaveni Rai vs. Pankaj Rai & Anr. (Criminal Appeal No. 321 of 2020), decided on 19.02.2020 has observed that a marriage contracted during the pendency of an appeal […]
24th Feb, 2020

The right of pre-emption does not accrue on a transfer of the property to any person who has an inferior right of pre-emption.

The Supreme Court in the case of Suresh Chand and Anr. vs. Suresh Chander (D) (Civil Appeal No 482 of 2020, arising out of SLP(C) No. 11551 of 2011) on 19.02.2020 opined that the plaintiff […]
19th Feb, 2020

When a lease deed or any other instrument is relied upon as containing the arbitration agreement, the Court is required to consider at the outset, whether the document is properly stamped or not.

The Supreme Court in the matter of M/s Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & other Charities & Ors. Vs. M/s Bhaskar Raju & Brother & Ors. Civil Appeal No.1599 Of 2020 (Arising out […]
19th Feb, 2020

A condition of a gift deed restricting alienation of property by the donee is hit by Section 10 of Transfer of Property Act, 1882 and is void

The Supreme Court in the matter of Sridhar vs. N. Revanna in Civil Appeal No. 1209 of 2020 decided on 11.02.2020 reinforced that no condition can be imposed absolutely on the right of a transferee […]
19th Feb, 2020

Presumption under Section 139 of the Negotiable Instrument Act is rebuttable by leading evidence

The Supreme Court in the case of APS Forex Services Pvt. Ltd. vs. Shakti International Fashion Linkers & Ors. (Criminal Appeal No. 271 Of 2020) on 14.02.2020 held that in absence of further evidence to […]
10th Feb, 2020

Compromise decree requires registration if it deals with property that is not the subject-matter of the suit under Section 17(2)(vi) of Registration Act, 1908.

The Apex Court in the matter of Mohd Yusuf & Ors. vs. Rajkumar & Ors. (Civil Appeal No. 800/2020) decided on 05.02.2020, pronounced the above-mentioned reasoning. Facts: The appeal was filed against the judgment of […]
10th Feb, 2020

Non-production of cash and accounts book is not fatal to a proceeding under Section 138 of the Negotiable Instruments Act

The Supreme Court in the matter of D.K. Chandel vs. M/s Wockhardt Ltd. & Anr., Criminal Appeal Nos. 132 of 2020 on 04.02.2020 held that a statutory presumption is raised in favour of a holder […]
10th Feb, 2020

In a suit for Specific Performance, mere plea of the Plaintiff that he’s ready to pay the consideration, without any material cannot be accepted.

The Supreme Court in the case of C.S. Venkatesh vs. A.S.C. Murthy (Civil Appeal No. 8425 of 2009) on 07.02.2020 opined that mere plea that the plaintiff is ready to pay the consideration, without any […]
10th Feb, 2020

Beneficiaries of Insurance policy are ‘consumers’ even if they are not parties to contract of insurance

The Supreme Court in the matter of Canara Bank vs United Indian Insurance Corporation (Civil Appeal No. 1042 of 2020), decided on 06.02.2020 observed that the beneficiaries of the policy taken out by the insured […]
3rd Feb, 2020

Section 92 of the Code of Civil Procedure 1908 would not be applicable in a suit by a Trust.

The Supreme Court in the matter of Ghat Talab Kaulan Wala vs. Baba Gopal Das Chela Sruti Dass (Through LR) (Civil Appeal No. 724/2020) decided on 31.01.2020 held that Section 92 of CPC contemplates a […]