Top Stories

Supreme Court: Suit before a Civil Court would be maintainable for other reliefs, notwithstanding creation of the specific Tribunal

By team of Advocate Retainer August 15, 2021 - 07:30

Supreme Court: Suit before a Civil Court would be maintainable for other reliefs, notwithstanding creation of the specific Tribunal

The SC on August 10, 2021 {Ratul Mahanta vs. Nirmalendu Saha} observed that it was earlier held by the Court in case dealing with Wakf Tribunal th...

Posted in 1971, Bar of Jurisdiction, Guwahati Municipal Corporation Act, Order 7 Rule 11 CPC

Read more

Shield of Sec 197 CrPC cannot protect corrupt officers, provisions must be construed to advance the cause of honesty and justice: Supreme Court

By team of Advocate Retainer August 02, 2021 - 10:00

Shield of Sec 197 CrPC cannot protect corrupt officers, provisions must be construed to advance the cause of honesty and justice: Supreme Court

The SC on July 23, 2021 {INDRA DEVI vs. STATE OF RAJASTHAN & ANR.} held that Section 197 of the CrPC seeks to protect an officer from unnecess...

Posted in Act done in discharge of official duty, Public Servant, Sanction for prosecution, Sec 197 Cr.PC

Read more

When incident stood concluded within few minutes, exact version of incident revealing minute detail cannot be given by eyewitnesses: Supreme Court

By team of Advocate Retainer July 26, 2021 - 11:00

When incident stood concluded within few minutes, exact version of incident revealing minute detail cannot be given by eyewitnesses: Supreme Court

The SC on July 23, 2021 {Lakshman Singh vs. State of Bihar (now Jharkhand)} held that “the evidence of injured witnesses has greater evidentiary ...

Posted in Incident concluded in minutes, Injured Eyewitness, Large no. of accused, Sec 147 IPC, Sec 323 IPC, Unlawful Assembly

Read more

SC reiterates respect to the court has to be commanded and not demanded: Same is not enhanced by calling public officers

By team of Advocate Retainer July 12, 2021 - 13:30

SC reiterates respect to the court has to be commanded and not demanded: Same is not enhanced by calling public officers

The SC on July 9, 2021 {THE STATE OF UTTAR PRADESH & ORS. vs. DR. MANOJ KUMAR SHARMA} held that a practice has developed in certain High Cour...

Posted in HC summoning officers in writ petition, practice deprecated

Read more

Supreme Court: “Shall” used twice in Sec 12 significantly imposes a duty upon the National Authority to provide assistance for loss of life due to Covid

By team of Advocate Retainer July 04, 2021 - 08:30

Supreme Court: “Shall” used twice in Sec 12 significantly imposes a duty upon the National Authority to provide assistance for loss of life due to Covid

The SC on June 30, 2021 {Reepak Kansal vs. Union of India and others} held that to construe the word “shall” as “may” and as directory/discretiona...

Posted in Art 32, Covid Death, Death Certificate, Disaster Management Act, Ex gratia assistance, Sec 12, Writ of Mandamus

Read more

Validation Act cannot be used to subvert the Court decision without removing the statutory basis of the decision, Supreme Court

By team of Advocate Retainer July 01, 2021 - 06:30

Validation Act cannot be used to subvert the Court decision without removing the statutory basis of the decision, Supreme Court

The SC on June 29, 2021 {G. MOHAN RAO & ORS. vs. STATE OF TAMIL NADU & ORS.} held that in the present case, the letter seeking ...

Posted in Art 254, Legislation overruling the judgment of Court, Repugnancy, Retrospective application, Retrospective reviving and validating enactment, Validation Act

Read more

Obligatory upon the Court while awarding multiple punishments of imprisonment, to specify as to whether the sentences would run concurrently or consecutively, SC

By team of Advocate Retainer June 23, 2021 - 07:30

Obligatory upon the Court while awarding multiple punishments of imprisonment, to specify as to whether the sentences would run concurrently or consecutively, SC

The SC on May 25, 2021 {SUNIL KUMAR @ SUDHIR KUMAR & ANR. vs. THE STATE OF UTTAR PRADESH } held that it is legally obligatory upon the Court o...

Posted in Art 142, concurrent or consecutive running of sentence, multiple imprisonments, Sec 31 CrPC

Read more

Power of an appellate court in assessing the correctness of an order granting bail stands on a different footing from an assessment of an application for the cancellation of bail: Delhi HC

By team of Advocate Retainer June 17, 2021 - 05:00

Power of an appellate court in assessing the correctness of an order granting bail stands on a different footing from an assessment of an application for the cancellation of bail: Delhi HC

The Delhi HC on June 14, 2021 {RELIGARE FINVEST LTD. vs STATE OF NCT OF DELHI & ANR.} held that the learned trial court has recorded reasons f...

Posted in Assessment of order granting bail, Bail, Cancellation of Bail, Economic Offences, Enormity of Offences, Gravity of Accusation, Sec 409 IPC

Read more

Opportunity of hearing is not a mere nicety but a valuable right: Supreme Court

By team of Advocate Retainer December 01, 2020 - 08:30

Opportunity of hearing is not a mere nicety but a valuable right: Supreme Court

The SC on November 29, 2020 {INDIAN COMMODITY EXCHANGE LIMITED vs. NEPTUNE OVERSEAS LIMITED & ORS.} held that a plea of lack of opportunity t...

Posted in Natural Justice, Opportunity of hearing

Read more

Plea for transfer of case should not be entertained on mere apprehension of a hyper sensitive person; SC

By team of Advocate Retainer October 22, 2020 - 05:30

Plea for transfer of case should not be entertained on mere apprehension of a hyper sensitive person; SC

The SC on Oct 16, 2020 {Umesh Kumar Sharma vs. State of Uttarakhand & Ors.} held that transfer power under section 406 of the Code is to be in...

Posted in Criminal Case, Sec 406 Cr.P.C., Transfer Petition

Read more

No relief can be granted in the special leave petition filed solely against order rejecting review application: SC

By team of Advocate Retainer October 05, 2020 - 09:00

No relief can be granted in the special leave petition filed solely against order rejecting review application: SC

The SC on October 05, 2020 {T.K. DAVID vs. KURUPPAMPADY SERVICE CO-OPERATIVE BANK LTD. & ORS.} held that against the main judgment the SLP hav...

Posted in SLP against review judgment

Read more

Court to direct specific performance by the defaulting party, of so much of the contract, as can be performed: Supreme Court

By team of Advocate Retainer September 21, 2020 - 08:30

Court to direct specific performance by the defaulting party, of so much of the contract, as can be performed: Supreme Court

The SC on September 18, 2020 {B. SANTOSHAMMA & ANR. vs D. SARALA & ANR.} held that Section 12 of the Specific Relief Act is to be construe...

Posted in Clubbing together suits, Declaration without impleading executant of the document, Effect of registered deed on unregistered deed, Limitation for Specific Performance Suit, Limitation to include purchaser, Sec 12 Specific Relief Act, Sec 21 of Limitation Act, Section 50 Registration Act

Read more