Supreme Court

14th Sep, 2015

Reliance on “Last Seen Theory” not safe in a case based on circumstantial evidence when time gap is long

In case of circumstantial evidence, court has to examine the entire evidence in its entirety and ensure that the only inference that can be drawn from the evidence is the guilt of the accused. 
14th Sep, 2015

Evidence recorded before Criminal Courts not conclusive for granting decree of specific performance

Where the plaintiff brings a suit for specific performance of contract for sale, the law insists upon a condition precedent to the grant of decree for specific performance that the plaintiff must show his continued […]
6th Sep, 2015

Court to act cautiously while pronouncing judgment in a case where opposite party (Defendant) fails to file Written Statement#indianlaws

The Supreme Court has ruled that the Court, at no stage, can act blindly or mechanically. While enabling the Court to pronounce judgment in a situation where no Written Statement is filed by the defendant, […]
6th Sep, 2015

Punishments should be proportionate to the nature and gravity of the offences#indianlaws

In a writ before the Supreme Court,a declaration was sought that Section 364A inserted in the Indian Penal Code (IPC) by Act 42 of 1993 was ultra vires the Constitution to the extent of prescribing […]
6th Sep, 2015

Apex Court interprets the term ‘First Learns’ under Limitation Act#indianlaws

The Hon’ble Supreme Court has interpreted the meaning of the term “first learns” as provided under Article 91(a) of the Limitation Act, 1963 and held that the provision of Article 91 (a) of the Limitation […]
23rd Aug, 2015

State barred from setting aside acquisition upon its subsequent failure in carrying out compliance

State barred from setting aside acquisition upon its subsequent failure in carrying out compliance with Section 11A 1894 LA Act
23rd Aug, 2015

Writ Court may entertain disputes arising out of contract in exceptional circumstances #indianlaws

A While entertaining an objection as to the maintainability of a writ petition under Article 226 of the Constitution, the court should bear in mind the fact that the power to issue prerogative writs under […]
23rd Aug, 2015

Mere admission of tenancy does not necessarily mean passing of a decree on admissions #indianlaws

Judgment on admission is not a matter of right and rather is a matter of discretion of the Court. Where the defendants have raised objections which go to the root of the case, it would […]
12th Aug, 2015

The charges applicable on Landing & Parking Charges by Airport Authority Of India cannot be treated as ‘Rent’ under Section 194-I of the Income Tax Act#indianlaws

The Supreme Court has held that the charges which are fixed by the AAI for landing and take-off services as well as for parking of aircrafts are not for the ‘use of the land’. These […]
12th Aug, 2015

Appellate Tribunal has the jurisdiction to condone the delay in filing an appeal under Section 18 (1) of the SARFAESI Act#indianlaws

The Supreme Court held that delay in filing an appeal under Section 18 (1) of the SARFAESI Act can be condoned by the Appellate Tribunal under proviso to Section 20 (3) of the RDB Act […]
12th Aug, 2015

Arbitrator’s decision is generally binding upon the parties as it is a tribunal selected by the Parties#indianlaws

The Hon’ble Supreme Court has held that arbitrator’s adjudication is generally considered binding between the parties for he is a tribunal selected by the parties and the power of the court to set aside the […]
12th Aug, 2015

Official Liquidator cannot adjudicate claim of a Statutory Corporation# indianlaws

 The Supreme Court has held that the Official Liquidator has no jurisdiction to ascertain or adjudicate the claim of a secured creditor who has been permitted by the Company Judge to stand outside the liquidation […]