Top Stories
Supreme Court suspends Congress MLA Mohammed Moquim’s sentence in ORHDC Loan Fraud Case
SC allows jailed UP MLA Abbas Ansari to attend his father Mukhtar Ansari’s fatiha ceremony
SC stays Allahabad HC decision holding UP Board of Madarsa Education Act as unconstitutional
SC upholds Amravati MP Navneet Kaur Rana’s Scheduled Caste Certificate
SC grants bail to AAP’s Sanjay Singh in Delhi Liquor Excise Policy Scam
SC refuses to stay scientific survey of Bhojshala Temple cum Kamal Maula Mosque complex in MP’s Dhar
Child Care leaves
Supreme Court directs Himachal Pradesh Govt. to reconsider grant of Child Care leaves to mothers, including making special provisions consistent with RPwD Act
In a special leave petition against the judgment and order passed by Himachal Pradesh High Court, wherein the Court dismissed the petition concerning adoption of Rule 43-C of the Central Civil Service (Leave) Rules, 1972, (‘CCS (Leave) Rules’) on the ground that Rule 43-C has been deleted by the State of Himachal Pradesh, the division bench of Dr. DY Chandrachud, CJI and J.B. Pardiwala, J. has directed the State of Himachal Pradesh to reconsider the entire aspect of the grant of Child Care Leave to mothers, including making special provisions consistent with the objects and purpose of the Rights of Persons with Disabilities Act 2016 (‘RPwD Act’) to mothers who are bringing up children with special needs. Further, the Court directed that a committee chaired by the Chief Secretary of the State of Himachal Pradesh be constituted to look into all aspects of the matter. Read more
Bail cases
Supreme Court grants bail to Shoma Sen in Bhima Koregaon Elgar Parishad case
In a special leave petition filed by former Nagpur University professor and Bhima Koregaon-accused Shoma Sen, against the order passed by Bombay High Court, wherein the Court disposed her bail application with liberty to approach the Trial Court for filing a fresh application for bail,, the division bench of Aniruddha Bose* and Augustine George Masih, JJ. has granted her bail and held that the restriction for grant of bail as Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’) would not apply in her case. Read more
Supreme Court grants bail to accused imprisoned for attempt to murder for past 6 months
In a special leave petition filed against the judgment and order passed by Rajasthan High Court, wherein the Court denied bail to the accused, the division bench of Vikram Nath and Prashant Kumar Mishra, JJ. has granted bail to the accused. Read more
Whether chargesheet filed without FSL report amounts to incomplete chargesheet and entitles accused to default bail? SC refers to larger bench
In a criminal special leave to appeal against Delhi High Court’s decision, whereby, the accused person’s application seeking default bail on grounds that the complete chargesheet was not submitted within the stipulated time as per Section 167(2) of the Code of Criminal Procedure, 1973 (‘CrPC’) was dismissed, the Division Bench of Aniruddha Bose and Sanjay Kumar, JJ. referred the question to larger Bench that whether failure on the part of the prosecution to include the FSL report pertaining to the seized contraband article(s) along with the chargesheet, within the time specified in Section 167(2) of the CrPC read with Section 36-A of the NDPS Act, would entitle the accused to default bail or not. Read more
Supreme Court stays order granting bail to Karnataka’s seer Shivamurthy Murugha Sharanaru’s in POCSO case
In a criminal special leave to appeal by the minor girl’s father against Karnataka High Court’s decision whereby the High Court allowed the criminal appeal and granted bail to Shivamurthy Murugha Sharanaru in the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) case, the Division Bench comprising of Vikram Nath and Prashant Kumar Mishra, JJ. stayed the impugned order. Read more
Medical Negligence
Consumer Dispute| ‘Eggshell Skull rule’ to be applied in Medical Negligence Cases of victims with pre-existing vulnerability or medical condition: Supreme Court
In an appeal regarding medical negligence filed by the appellant for enhancement of compensation, the division bench of Sanjay Karol* and Aravind Kumar, JJ. while setting aside the impugned orders of the National Consumer Disputes Redressal Commission (‘NCDRC’) and State Consumer Disputes Redressal Commission (‘State Commission’), directed the Hospital to pay a sum of Rs.5 lakhs accompanied by interest at 9% from the date of the award passed by the District Consumer Disputes Redressal Forum (‘District Forum’) to the appellant, within a period of four weeks from the date of this judgment. The Court also imposed a cost of Rs.50,000/- in litigation cost. Read more
Consumer Dispute
Supreme Court sets aside NCDRC order against YRF for not including ‘Jabra Fan’ song in movie; says promotional trailers not binding offers
In an appeal concerning a consumer dispute, wherein National Consumer Disputes Redressal Commission (‘NCDRC’) have allowed the complaint alleging deficiency of service based on a ‘contractual obligation’ and ‘unfair trade practice’, the division bench of PS Narasimha* and Aravind Kumar, JJ. while setting aside the impugned order, held that promotional trailers are unilateral and do not qualify as offers eliciting acceptance, and as such they do not transform into promises, much less agreements enforceable by law. Further, the facts do not indicate adoption of an unfair trade practice under the Consumer Protection Act, 1986. (‘Act’). Read more
Can a company file a consumer complaint under Consumer Protection Act, 1986? SC clarifies
In a civil appeal under Section 67 of the Consumer Protection Act, 2019 (‘Act of 2019’) by the Kozyflex Mattresses Private Limited (‘insured-appellant’) against the final decision of the National Consumer Disputes Redressal Commission (‘NCDRC’), rejecting the Consumer Case filed by the insured-appellant for a direction to the SBI General Insurance Company(‘SBI-insurance’) to indemnify it for the loss caused by fire in the manufacturing unit (‘insured premises’) of the insured-appellant company, the Division Bench of BR Gavai and Sandeep Mehta*, JJ. allowed the appeal and set aside the impugned decision. The matter was remitted to the NCDRC. Read more
DMRC v Delhi Airport Metro Express
Supreme Court allows DMRC’s Curative Petition against arbitral award in favour of Delhi Airport Metro Express
In a curative petition filed by Delhi Metro Rail Corporation (‘DMRC’) against the Judgment passed by two-judge Bench of Supreme Court in Delhi Airport Metro Express (P) Ltd. v. DMRC, (2022) 1 SCC 131, wherein the Court set aside the decision of the Division Bench of the Delhi High Court and restored the arbitral award, the three Judge Bench of Dr DY Chandrachud*,CJI, B R Gavai, and Surya Kant, JJ. while allowing the curative petition, held that the impugned judgment which interfered with the judgment of the Division Bench has resulted in a miscarriage of justice. The judgment of the Division Bench in the appeal under Section 37 of the Arbitration and Conciliation Act 1996 (‘the Act’) was based on a correct application of the test under Section 34 of the Act and provided more than adequate reasons to conclude that the arbitral award suffered from perversity and patent illegality. There was no valid basis for this Court to interfere under Article 136 of the Constitution, and the interference has resulted in restoring a patently illegal award, which has caused a grave miscarriage of justice. Read more
Appointment of Technical Assistants in PWD
Inside Supreme Court verdict on appointment of Technical Assistants as Assistant Engineers in Tamil Nadu PWD
In an appeal against the judgment and order of the Madras High Court, wherein the Court allowed the appeals preferred by the State for appointing Technical Assistants as Assistant Engineers by transfer, the division bench of BR Gavai and Sandeep Mehta, JJ., while quashing the impugned orders, remanded the matter to the Madras High Court for consideration afresh in accordance with law. Further, the Bench held that the continuation of the Technical Assistants as Assistant Engineers would not amount to encroaching upon the 75% posts apportioned for the members of the Association of Engineers. Read more
Employee’s Wage Structure
‘Employer’s financial capacity is a strong factor and cannot be ignored in fixing employee’s wage structure’: SC
In a batch of civil appeals by the VVF India Limited and the union of employees against two decisions of the Bombay High Court, directing revision of wages pertaining to the workmen of VVF India Limited (‘the employer’) and dismissing the employees union’s review petition against the said decision, the Division Bench comprising of Aniruddha Bose* and Sanjay Kumar, JJ., while striking a balance between the financial capacity of an employer and the fixation of wage structures for employees, said that the financial capacity of the employer is a strong factor in determining the comparability of units applying the industry-cum-region test. Read more
Police Official accused of taking bribes
‘HC ignored evidence indicating complicity’; SC sets aside order quashing FIR against Police Official accused of taking bribes
In a criminal appeal against Karnataka High Court’s decision, whereby under Section 482 Criminal Procedure Code, 1973, the High Court quashed the First Information Report for the offence under Section 7(a) of the Prevention of Corruption Act, 1988, pending before the Additional City Civil and Sessions Judge, Bengaluru, the Division Bench comprising of Sanjay Karol and Prasanna Bhalachandra Varale, JJ. allowed the appeal and set aside the impugned decision, quashing the FIR. Read more
Rs. 5 lakhs cost on State of Telangana
Supreme Court imposes Rs. 5 lakhs cost on Telangana for abdication of duty to protect and preserve forests
In an appeal filed by the State of Telangana against the Telangana High Court judgment setting aside the concurrent judgments rendered by the Trial Court and the then High Court at Hyderabad for the State of Telangana and Andhra Pradesh (1994 Judgment)., and holding that Section 5 of the Andhra Pradesh Forest Act, 1967 (‘A.P. Forest Act’ )which speaks about the bar of a suit can only be applied during the pendency of proceedings under the A.P. Forest Act and not thereafter, the division bench of MM Sundresh* and SVN Bhatti, JJ. has set aside the impugned judgment and restored the judgement rendered in 1994. Further, it imposed a cost of Rs. 5,00,000/- each on the State and respondents to be paid to the National Legal Services Authority (NALSA) within a period of two months from the date of this judgment. Further, the Bench allowed the State to enquire into the lapses committed by the officers in filing collusive affidavits before the competent court and recover the same from those officers who are responsible for facilitating and filing incorrect affidavits in the ongoing proceedings. Read more
Jurisdiction to deal with UAPA Cases
Sessions Court has jurisdiction to deal with UAPA Cases when Special Court is not constituted as per NIA Act: Supreme Court
In a criminal appeal filed by the State of West Bengal for assailing the legality and validity of the judgment passed by the Calcutta High Court, wherein the Court held that only a Special Court constituted by the Central Government or the State Government as per the National Investigation Agency Act, 2008 (‘NIA Act’) had the exclusive jurisdiction to try the offences under UAPA, the Division Bench of BR Gavai and Sandeep Mehta*, JJ. while setting aside the impugned judgment, held that when the State has not constituted a Special Court for trial of offences set out in the Schedule to the NIA Act, the Sessions Court within whose jurisdiction, the offence took place has the power and jurisdiction to deal with the case by virtue of the Section 22 (3) of the NIA Act. Read more
Acquittal and Discharge
SC sets aside 21-year-old conviction based solely on inadmissible statement made before NDPS official under Section 67 of NDPS Act
In a criminal appeal against Gujarat High Court’s decision, whereby the convict’s appeal against the Trial Court’s decision, holding the convict guilty of the offences punishable under Sections 8(c), 21(c) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘the NDPS Act’), was dismissed, the Division Bench comprising of JB Pardiwala and Manoj Misra, JJ. allowed the appeal and quashed the impugned orders. Read more
SC clears Chairman & Secretary of Sunshine Educational and Development Society of cheating and conspiracy in false information for AICTE approval case
In an appeal against the order passed by Allahabad High Court, wherein the Court allowed the petition under Section 482 Code of Criminal Procedure, 1973 (‘CrPC’) filed by Central Bureau of Investigation (‘CBI’), and opined that the accused persons had deliberately withheld relevant information knowing fully well that if the land was encumbered in any manner, approval for setting up the educational institutions there would be declined, the division bench of Aniruddha Bose and Sanjay Kumar*, JJ. has set aside the impugned order and restored the order of discharge passed by the Judicial Magistrate, CBI Court. Thus, the Court discharged the accused persons of the alleged offence under Sections 420 and 120-B of the Penal Code, 1860 (‘IPC’). Read more
Supreme Court upholds acquittal in 16-year-old cheque dishonour case; Says complainant failed to show if any sum was advanced towards financial assistance
In four petitions for special leave to appeal filed by a partnership firm (‘Rajco Steel Enterprises’) dealing in iron and steel products, against a Judgment of Calcutta High Court, wherein the Court dismissed Rajco Steel Enterprises appeal against acquittal of the accused/ respondent 1 for offences under Section 138 of the Negotiable Instrument Act, 1881 (‘NI Act’), the division bench of Aniruddha Bose* and Sanjay Kumar, JJ. has opined that there is no perversity in the finding of the High Court, and prior to that, in the finding of the First Appellate Court, that went against Rajco Steel, and these findings are not perverse or based on no evidence. Read more
Supreme Court acquits murder convicts; reverses High Court findings based on conjectures and surmises
In an appeal challenging the judgment passed by Madhya Pradesh High Court, wherein the Court reversed the judgment of the trial Judge and had convicted the convict 1 and convict 2 under Sections 302 read with Section 34 of the Penal Code, 1860 (‘IPC’) and awarded rigorous imprisonment for life with fine and under Section 201 of IPC rigorous imprisonment for seven years with a fine, the division bench of BR Gavai* and Sandeep Mehta , JJ. while setting aside the impugned judgment, acquitted the convicts of all the charges they were charged with. Read more
Guidelines for trial of deaf and mute persons
SC to consider framing guidelines and parameters for trial of deaf and mute persons
While hearing a matter against Chhattisgarh High Court’s decision, whereby the convict was found guilty of raping two minor girls aged 7 and 8 years, the Division Bench comprising of Surya Kant and KV Viswanathan, JJ. noted that the guidelines for conducting trial against persons who are deaf and mute, but otherwise of sound mind to commit a heinous offence like rape, were not laid down by the Court. Therefore, the Court issued notice to the Union of India and to the State for the purpose of determining the same. Read more
Show cause notice to 2 NCDRC members
Supreme Court issues show cause notice to two NCDRC members for issuing non-bailable warrants despite SC’s interim protection
In an appeal against the order passed by National Consumer Disputes Redressal Commission (‘NCDRC’) members, Subhash Chandra (presiding member) and Dr. Sadhna Shanker, wherein the two members had issued non-bailable warrants against the directors of Ireo Grace Realtech, despite an interim order by the Supreme Court to not take any coercive action in the matter, the division bench of Hima Kohli and Ahsanuddin Amanullah,JJ. has issued show cause notice to the two members, calling upon them to explain how the order was passed on 02-04-2024. Read more
‘Confiscation’ under Gujarat Prohibition Act
Supreme Court verdict on ‘confiscation’ under Gujarat Prohibition Act and application of S. 451 CrPC on seized property
In a criminal appeal against Gujarat High Court’s order, whereby the release of the appellant’s vehicle was refused, the Division Bench of Bela M. Trivedi and Pankaj Mithal, JJ. dismissed the appeal. The Court said that appellant directly approached the High Court by filing Special Criminal Application under Article 226/227 of the Constitution of India, without approaching the Court concerned under Section 451 of the CrPC, which is not the proper course of action for getting the custody of the vehicle in question. Read more
Power under Article 142 of the Constitution
Supreme Court invokes power under Article 142 of the Constitution to grant mutual consent divorce
In a transfer petition concerning divorce, the division bench of Pamidighantam Sri Narasimha and Aravind Kumar, JJ. by invoking its power under Article 142 of the Constitution of India, granted divorce to the parties. Read more
Supreme Court invokes power under Art. 142 of Constitution to allow abortion of 14-year-old rape survivor
In a special leave petition filed against the judgment and order of the Bombay High Court, wherein the Court declined to allow the plea for medical termination of pregnancy moved by the appellant on behalf of her minor daughter, the division bench of Dr. DY Chandrachud and JB Pardiwala, JJ. while setting aside the impugned judgment, has directed the Hospital to immediately constitute a team for undertaking the medical termination of pregnancy of the minor. Read more
Easementary rights and powers of Appellate Court
Inside Supreme Court verdict on easementary rights and powers of Appellate Court
In appeals concerning easementary rights over a road situated over land, which is presently owned by the respondents, the division bench of Pankaj Mithal* and Prashant Kumar Mishra, JJ. held that the appellants have not acquired easementary right over the disputed ‘rasta’ in any manner much less by prescription, necessity or under an agreement. Therefore, the Appellate Courts and the High Court have not committed any error of law in dismissing suit appellants and in decreeing suit of respondents. Read more
Motor Vehicle accident compensation
SC enhances Motor Vehicle accident compensation awarded by MP High Court; Says percentage of disability reduced on surmises & conjectures
In a special leave petition filed against the order passed by Madhya Pradesh High Court, wherein the compensation awarded by the Motor Accidents Claims Tribunal (‘Tribunal’) has been enhanced to Rs.1,27,700/- from Rs.87,700/ with same interest contending inter-alia that compensation so awarded by the High Court is on the lower side and same has to be enhanced, the division bench of Sanjay Karol and Aravind Kumar, JJ. has substituted the award of Rs.1,27,700/- as given by the High Court, to Rs.2,42,120/-, comprising of loss of future income due to permanent disability, Medical expenses, attendant charges, pain and suffering, and transportation. Read more
Matrimonial Disputes
Supreme Court allows husband’s plea for Potency Test on wife’s claim of his impotency
In appeals filed by the husband against the order passed by the Madras High Court, wherein the Court set aside the order passed by the Trial Court, wherein it allowed the husband’s interim applications for subjecting him to undergo potency test and referring the wife for fertility test and psychological/mental health test for both the parties, the division bench of Vikram Nath and Prashant Kumar Mishra, JJ. has modified the impugned order to the extent it directs the husband to take the medical test to determine his potency. The Bench has directed the test to be conducted within a period of four weeks from the date of this Judgment and to submit the report within two weeks thereafter. Read more
Karikho Kri’s 2019 election
‘Voter’s right to know not absolute’; SC upholds Karikho Kri’s 2019 election from Tezu Assembly
In a set of two civil appeals against the decision of Itanagar Bench, whereby the High Court had partially allowed the election petition holding the election of Karikho Kri from 44 Tezu (ST) as void on the grounds under Sections 100 of the Representation of the People Act, 1951, Aniruddha Bose and Sanjay Kumar*, JJ. allowed the appeal by Karikho Kri and set aside the impugned decision. The Bench opined that the blanket proposition that a candidate is required to lay his life out threadbare for examination by the electorate is not acceptable and the candidate’s ‘right to privacy’ would still survive. Read more
Details of stipend paid to MBBS Interns
SC directs NMC to submit details of stipend paid to MBBS Interns by medical colleges in all States
In a civil writ petition, regarding the payment of stipend to doctors undergoing their MBBS internships the Division Bench of Sudhanshu Dhulia and Prasanna Bhalachandra Varale, JJ. directed the National Medical Commission (‘NMC’) to furnish the details of the stipend paid to interns of the entire medical colleges in the States. Read more
EVM-VVPAT Verification
Inside Supreme Court order on EVM-VVPAT Verification
In a writ petition filed seeking direction to the Election Commission of India (‘ECI’) to mandatorily cross verify the count in Electronic Voting Machines (‘EVM’) with votes that have been verifiably ‘recorded as cast’ by the voter through the voter verifiable paper audit trail (‘VVPATs’) by counting all VVPAT slips, the division bench of B.R. Gavai and Sandeep Mehta, JJ. has issued a notice to the ECI. Read more
MR Distributorship license
Supreme Court upholds Calcutta HC order issuing MR Distributorship license to National Consumers Co-operative Stores in West Bengal
In a matter concerning the Modified Rationing Distributorship License (‘MR Distributorship’) in Murshidabad district in West Bengal, the division bench of J.K. Maheshwari and Sanjay Karol, JJ. opined that the order passed by the High Court does not warrant any interference, and further vacated the stay order passed on 07-11-2023. Read more
Dishonour of Cheque Case
S. 143-A NI Act| Factors laid down by SC for exercising discretion in payment of interim compensation in cheque dishonour cases
In a criminal appeal against Jharkhand High Court’s order dismissing the challenge to the Trial Court and Sessions Court’s decision for payment of interim compensation of Rs. 10,00,000/- to the respondent under Section 143-A of the Negotiable Instruments Act, 1881, the Division Bench of Abhay S. Oka and Ujjal Bhuyan, JJ. set aside the impugned judgments for non-application of mind. The Court laid down several factors which must be considered by the Courts while exercising discretionary power under Section 143-A of the Negotiable Instruments Act, 1881 (‘N.I. Act’). Read more
Kerala’s suit against Union regarding borrowing limits
Supreme Court refers Kerala’s suit against Union regarding borrowing limits to Five-Judge Constitution Bench
In a suit filed by Kerala Government under Article 131 of the Constitution of India alleging Union Government’s interference in State’s power to borrow and regulate its finances, and seeking interim relief of additional borrowing powers, the division bench of Surya Kant* and KV Viswanathan, JJ. has refused to grant interim relief to the State, as the State has failed to establish the three prongs of proving prima facie case, balance of convenience and irreparable injury. Further, the Court said that the present suit raises issues relating to the interpretation of the Constitution and referred the matter to a Constitution Bench comprising 5-judges in terms of Article 145(3) of the Constitution. Read more
Pernod Ricard’s appeal against higher penalty for loss of liquor
SC allows Pernod Ricard’s appeal against higher penalty for loss of liquor in transit; Holds substituted Rule applicable for deciding quantum of penalty
In a batch of civil appeals against Madhya Pradesh High Court’s decision, the Court answered on the issue of relevant rule for imposition of penalty, whether it is the rule that existed when the violation occurred during the license period of 2009-10 or the rule that was substituted in 2011, which reduced the quantum of penalty. The Division Bench comprising of Pamidighantam Sri Narasimha and Aravind Kumar, JJ. allowed the appeals and held that that the penalty to be imposed would be based on the substituted Rule, which reduced the penalty. Read more
Selection process of Navik in Indian Coast Guard
Candidature rejected for late submission of OBC certificate| SC grants ad interim relief, allows participation in selection process of Navik in Indian Coast Guard
In a special leave to appeal against Delhi High Court’s decision, whereby the petitioner’s writ petition challenging the rejection of his candidature for appointment to the post of Navik (General Duty) in the Indian Coast Guard (respondent) was dismissed, the three Judge Bench comprising of BR Gavai, Satish Chandra Sharma and Sandeep Mehta, JJ. issued notice and gave interim relief by way of an ad interim direction to the respondent to permit the petitioner to participate in the selection process. Read more
1993 day-light murder case
‘Mere absence of motive does not impinge testimony of reliable eye-witness’; SC upholds conviction in 1993 day-light murder case
In a criminal appeal against conviction under Section 302 of the Penal Code, 1860 (‘IPC’), upheld by the Delhi High Court, the Division Bench of Sudhanshu Dhulia* and Prasanna B. Varale, JJ. dismissed the appeal and upheld the Trial Court’s and High Court’s decision. Read more
Restoration of suit
SC dismisses Centre’s plea to condone delay of 12 years and 158 days for filing restoration of suit; calls it a ‘mockery of justice’
In a civil appeal by the Union of India against an order of the Bombay High Court, whereby the Court declined to condone the delay of 12 years and 158 days in filing the application for restoration of a writ petition, the Division Bench of Aniruddha Bose and JB Pardiwala*, JJ. dismissed the appeal and upheld the impugned order. The Bench said that the ‘sword of damocles’ cannot be left hanging over the head of the respondent for indefinite period of time to be determined at the whims and fancies of the appellant. Read more
Rs. 16 crores cheating case
‘Dishonest inducement is sine qua non to attract Sections 415 and 420 of IPC’; SC quashes FIR against man in Rs. 16 crores cheating case
In a criminal appeal against Madras High Court’s decision, whereby the application of the accused 3 under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to quash the First Information Report (‘FIR’) for offences punishable under Section 420 read with Section 34 of the Penal Code, 1860 (‘IPC’) was rejected, the three Judge Bench of BR Gavai, Rajesh Jindal and Sandeep Mehta, JJ. quashed and set aside the impugned FIR and charge sheet. Read more
Rape on false promise to marry
SC upholds Karnataka HC order quashing proceedings against man accused of rape on false promise to marry due to inconsistent Prosecutrix testimonies
In a criminal appeal filed against the order passed by the Karnataka High Court, wherein the Court allowed the petition filed under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) preferred by the accused persons and quashed the entire proceedings pending against them before the Additional District and Sessions Judge, the three-judge bench of BR Gavai*, Rajesh Bindal and Sandeep Mehta , JJ. while upholding the impugned order, said that there are no sufficient grounds for proceeding against the accused, and no error has been committed by the High Court by holding that permitting further proceedings to continue would be an abuse of process of law and result in miscarriage of justice. Read more
Never Reported Judgments
Quantum of costs to be proportionate to the amount in respect of which the party succeeds in a suit [(1953) 1 SCC 286]
In a case wherein appellants filed an appeal to enforce a mortgage executed by respondent on 18-5-1931, the Division Bench of M.C. Mahajan and S.R. Das*, JJ., opined that the mortgagees should be allowed only proportionate costs of the suit as the suit was for recovery of the amount as found by the Allahabad High Court (Lucknow Bench) (‘High Court’). The Supreme Court opined that as the mortgagor appealed and succeeded in the appeal only to the extent of reducing the claim and in reducing the amount of interest, thus she should get the costs of the appeal on the footing as if the appeal had been valued at the amount of interest by which the decretal amount was reduced. Read more
Mere clause in compromise deed to drop criminal proceedings between parties will not necessarily render compromise unlawful [(1953) 1 SCC 249]
In an appeal filed against the judgement and decree dated 08-03-1946 passed by Allahabad High Court (‘the High Court’), the three-judges bench of B.K. Mukherjea, Vivian Bose and N.H. Bhagwati*, JJ., opined that in the present case, clause 6 of the deed of waqf (‘compromise deed’) provided that the cases under Section 145 of the Criminal Procedure Code, 1973 (‘CrPC’) and Section 395 of the Penal Code, 1860 (‘IPC’) pending in the criminal court, should be made to struck off. However, that would not necessarily render the compromise unlawful as per Section 23 of the Contract Act, 1872 (‘ICA’). The Supreme Court opined that the real question in a case of this kind was whether the consideration of a contract was unlawful. Read more
Sale of joint family property by Karta to pay off debts of business, not being a joint family business, cannot bind other members [(1953) 1 SCC 245]
The present appeal by special leave arises out of a suit for partition of four items of properties alleged to belong to a joint Hindu family. The Division Bench of M.C. Mahajan and S.R. Das*, JJ., held that the sale of joint family property by Karta to pay off debts/liabilities of business, which was not a joint family business, could not bind other members of the joint family property. Thus, the Supreme Court dismissed the present appeal with costs. Read more
Purchaser cannot be said to be ready and willing to perform his part of contract, if he does not treat the contract as subsisting [(1953) 1 SCC 234]
An appeal was filed by appellant-purchaser challenging the judgment passed by the Calcutta High Court (‘the High Court’), whereby the purchaser’s suit for a specific performance of sale agreement was dismissed. The three-judges bench of M.C. Mahajan, S.R. Das* and Ghulam Hasan, JJ., opined that if purchaser’s intention was only to punish and put pressure on the vendor to make out a good title and convey the property, then one would expect that immediately on the dismissal of the criminal proceedings, purchaser would go to the civil court to enforce his agreement. However, for over a year-and-a-half, the purchaser did nothing. The Supreme Court opined that purchaser could not be said to had been ready and willing to perform his part of the contract which he did not treat as subsisting. Since the purchaser had not treated the contract as alive and did not fully perform his part, therefore, there was no breach of contract on vendor’s part who delivered whatever documents he had. Read more
Know Thy Judge
SCC Weekly
Appointments and Transfers
