Cases Reported Archives

2023 SCC Vol. 8 Part 4

Criminal Law — Criminal Trial — Proof — Burden and Onus of proof — Recourse to S. 106 of the Evidence Act

applicability of pre-emption Hindus Mohammadan law

Never Reported Judgment | Mohammadan Law of pre-emption applies even to Hindus in Benaras [(1952) 1 SCC 423]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on applicability of pre-emption to non-Muslims.

Cases Reported SCC Weekly

2023 SCC Vol. 8 Part 3

Animals, Birds and Fish — Fishing and Fisheries — Purse seine fishing (PSF), a pernicious form of fishing that harms all marine life.

restriction landlords right public interest unreasonable

Cases Reported Never Reported Judgments

Never Reported Judgment| Restrictions imposed on landlord’s rights in public interest are not unreasonable [(1952) 1 SCC 764]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on West Bengal Rent Control (Temporary Provisions) Act, 1950.

Cases Reported Never Reported Judgments

Never Reported Judgment | Rules of Stock Exchange are mere rules for regulation of business and do not affect general law of contract [(1952) 1 SCC 481]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on reciprocal promises in share transactions under the Contract Act, 1872.

Cases Reported SCC Weekly

2023 SCC Vol. 8 Part 2

Applicability of judgment in N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd., (2023) 7 SCC 1: In this article the

Cases Reported Never Reported Judgments

Never Reported Judgment| Mere intention to gift is not sufficient; completion of transfer of gift is mandatory [(1952) 1 SCC 445]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 123 of Transfer of Property Act, 1882.

Cases Reported SCC Weekly

2023 SCC Vol. 8 Part 1

Advocates — Senior Advocates — Designation of: Guidelines issued by Supreme Court in Indira Jaising, (2017) 9 SCC 766 for greater objectivity

Cases Reported SCC Weekly

2023 SCC Vol. 7 Part 5

Advocates Act, 1961 — Ss. 7(1)(g), (h), (l), (m), 24, 49(1)(ah): Bar Council of India, held, has jurisdiction and power to introduce

testimony credibility of injured eyewitnesses

Cases Reported Never Reported Judgments

Never Reported Judgment | When Supreme Court relied on the testimony of injured eyewitnesses present at the spot in close proximity, for identification of the accused persons [(1952) 1 SCC 404]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on the credibility of injured eyewitnesses.

Cases Reported SCC Weekly

2023 SCC Vol. 7 Part 4

Constitution of India — Arts. 14, 15 and 16 — Reservation — Sub-classification: T.N. Special Reservation of Seats in Educational Institutions including

Cases Reported Never Reported Judgments

Never Reported Judgment| When Supreme Court upheld the conviction based solely on dying declaration in Acid Poisoning case [(1952) 1 SCC 346]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 32(1) of the Evidence Act, 1872.

Cases Reported Never Reported Judgments

Never Reported Judgment | When Supreme Court determined the public or private status of the lane between the houses [(1952) 1 SCC 296]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on use and enjoyment of property.

transfer of property act genuine transaction sham transaction

Cases Reported Never Reported Judgments

Never Reported Judgment| Price paid less than market value in transfer of property cannot convert a genuine transaction into a sham one [(1952) 1 SCC 127]

“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Transfer of Property Act, 1882.”

Cases Reported SCC Weekly

2023 SCC Vol. 7 Part 3

Arbitration and Conciliation Act, 1996 — S. 31(7)(a) — Award of interest: Principles clarified relating to validity of award of interest, when

Cases Reported SCC Weekly

2023 SCC Vol. 7 Part 2

Arbitration and Conciliation Act, 1996 — Ss. 8 and 11: Application seeking reference to arbitration in pending civil suit is not acceptable

Cases Reported Never Reported Judgments

Never Reported Judgment | Practice of merely agreeing with lower courts is not satisfactory; Appellate court should give clear indication of evidence it relies on [(1952) 1 SCC 432]

This report covers the Supreme Court's Never Reported Judgment dating back to the year 1952 on duty of appellate court under Criminal Procedure Code, 1898.

Cases Reported SCC Weekly

2023 SCC Vol. 7 Part 1

Arbitration and Conciliation Act, 1996 — Ss. 8, 11 and 7: Non-payment or deficient payment of stamp duty on substantive contract comprising/containing

section 12 preventive detention act 1950

Cases Reported Never Reported Judgments

Never Reported Judgment | When Supreme Court upheld validity of detention for more than three months under Section 12 of the Preventive Detention Act, 1950 [(1952) 1 SCC 203]

“This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 12 of the Preventive Detention Act, 1950.”

joint estate co-sharer immovable property

Cases Reported Never Reported Judgments

Never Reported Judgment | When a co-sharer in possession of a joint estate disposes of entire property and appropriates sale proceeds, he will be accountable for money to other co-sharers [1951 SCC 122]

“This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on Transfer of Property Act, 1882.”