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Others Judgments and Orders

SKS Power Generation (Chhattisgarh) Ltd Vs Canara Bank: No Interference By Courts In Unconditional Bank Guarantees Unless There Is Any Fraud Or Irretrievable Injustice

 28 August 2021

The following judgement clarified the extent to which the judiciary shall get involved in the process of invoking unconditional bank guarantees...

Posted in Others |   759 hits

M/S Afcons Infra Ltd & Anr Vs M/S Cherian Varkey Construction & Ors (2010): A Party To A Civil Suit Cannot Refer A Suit To Arbitration Without The Mutual Consent Of All The Parties U/S 89 Of CPC

 28 August 2021

In the present case, the appellant filed a revision petition against the order passed by the Trial Court under section 89 of CPC. The appellant filed a revision petition against the order before the High Court. The High court had dismissed the petiti..

Posted in Others |   10609 hits

Bhagwati Devi Gupta & Anr Vs Star Infratech Private Limited: Once A SC Bench Has Doubted The Correctness Of An Earlier Bench Of Equal Strength And Referred The Issue To A Larger Bench, The Lower Courts May Not Be Bound To Follow The Earlier Decision

 26 August 2021

In the instant case, the petitioner had filed a petition for an arbitrator to arbitrate on the dispute between the parties and a contention was raised by the respondent that the agreement between the parties was inadequately stamped...

Posted in Others |   987 hits

Tripower Enterprises Pvt Ltd Vs The SBI: Banks Are Under Obligation To Handover Title Deed To The Auction Purchaser To Complete The Sale

 26 August 2021

In the following case, the appellant, being the highest bidder of a public auction, was not provided with the original documents of the property. The question was can such title deed be withheld from him if it is subject to dispute in the Debt Recove..

Posted in Others |   2258 hits

Siddharth Vs State Of UP (2021): The Word Custody In S.170 Of The CrPC Does Not Mean Police Or Judicial Custody, But Is The Presentation Of The Accused By The Investigating Officer Before The Court While Filing The Chargesheet

 25 August 2021

The Appellant, in this case, has challenged the High Court’s order that rejected his anticipatory bail application...

Posted in Others 2 comments |   9342 hits

Rishi Mohan Srivastava Vs State Of UP & Another: HC Can Nullify An Order Of Conviction Even After The Revisional Stage On The Basis Of Settlement Between Parties

 24 August 2021

The applicant in the instant case prayed to invoke the jurisdiction of High Court under Section 482 of the CrPC as he was previously convicted by lower courts and his revision petition was dismissed by the same court before but the court accepted his..

Posted in Others |   1330 hits

Yeshpal Vs Sri Syam J Sam: Parties Must Be Provided With A Reasonable Time Limit To Fulfil Their Terms Of The Agreement As Per The Mediation

 24 August 2021

The Court held that mediation is an Alternative Disputes Resolution process provided under Section 89 of the Code of Civil Procedure. The parties must be provided with reasonable time to fulfil their duties as per the agreement made in the mediation ..

Posted in Others |   1220 hits

Re: In The Matter Of Matrimonial Vs State Of UP & Others: Benefit Cannot Be Deprived By Trying To Bring Mediation Between The Parties In An Offence U/S 498-A IPC

 24 August 2021

In the instant case, a pro bono litigation was being taken up to ensure that wherever allegations are not very grave, to save families and children and indeed the institution of marriage, an effort is to be first made for reconciling matrimonial disp..

Posted in Others |   1002 hits

Hemraj Ratnakar Salian Vs HDFC Bank Ltd & Ors: In Absence Of Registered Instrument, The Tenant Shall Not Be Entitled To Possession Beyond The Prescribed Period Under The Provisions Of The Transfer Of Property Act

 24 August 2021

A tenant who continues to occupy a property even after the expiry of the lease is called ‘tenancy at sufferance.’ This judgement decided whether such a tenant is entitled to seek protection against the proceedings under the SARFAESI Act...

Posted in Others |   1803 hits

Applicants Vs Sole Respondent (2021): Merely Performing A Second Marriage Cannot Amount To Domestic Violence U/S 3 Of The Domestic Violence Act

 24 August 2021

The Sole Respondent had filed a petition against the Applicant No. 1 under the Domestic Violence Act. The contentions raised therein were reportedly a repetition of the allegations that were put forth in an earlier proceeding, which was already heard..

Posted in Others |   765 hits

Jose Luis Quintanilla Sacristan Vs The State Of UP: Forensic Science Laboratory Report Need Not Be Proved By Calling Its Director As It Is A Public Document

 24 August 2021

In the following case, while disposing of the appeal by Jose Luis Quintanilla Sacristan, the Allahabad High Court held that forensic science laboratory reports need not be proved by calling its Director. The Court clarified the application of Section..

Posted in Others |   795 hits

Granting Bail In Economic Offences Of Such Nature Would Be Against The Larger Interest Of Public And State As It Involves Criminal Misappropriation Of Public Money

 23 August 2021

The following case involves the discretion of the court in granting bail to a person accused of a serious economic offence involving criminal misappropriation of a large amount of public money...

Posted in Others |   1419 hits

Union Bank Of India Vs CG Ajay Babu (2018): Gratuity Payable To An Employee Cannot Be Forfeited Unless Criminal Court Finds Him Guilty Of Offence Of Moral Turpitude

 23 August 2021

This judgement very clearly established that an employer can forfeit the gratuity to the extent of financial loss caused to him due to misconduct by the employee...

Posted in Others |   3086 hits

Enforcement Directorate Vs The State Of Kerala (2021): Directorate Of Enforcement Is Certainly Entitled To Institute A Writ Petition In Its Name

 23 August 2021

In the following case, the power of the Enforcement Directorate (ED) to file and maintain a writ petition was called into question along with the power of the State Government to issue notifications outside their jurisdiction...

Posted in Others |   871 hits

Narayan Deorao Javle (Deceased) Vs Krishna (2021): Equity Of Redemption Is A Right Which Is Subsidiary To The Right Of Ownership

 20 August 2021

The Appellant was a purchaser of a mortgaged property, the redemption of which was foreclosed after the execution of the sale deed, due to the non payment of the mortgage amount by the mortgagors to the mortgagee. The Appellant alleged that he has th..

Posted in Others |   3175 hits

Perry Kansagra Vs Smriti Madan Kansgara: Statements Made By Parties During Mediation/Conciliation Cannot Be Relied Upon During Adjudication

 20 August 2021

In the present case, the matter was before the court was for the custody of the child. Therefore, the court had appointed a mediator to discharge its duties w.r.t. the parens patriae jurisdiction but the respondent had challenged the same on the grou..

Posted in Others |   5796 hits

Neelima Srivastava Vs The State Of UP And Ors (2021): Mere Overruling Of Principles By A Subsequent Judgement Will Not Dilute Binding Effect Of Decision On Inter-Parties

 20 August 2021

The Supreme Court analysed its decision in the Uma Devi case and found that as per the decision given in that case, while deciding that if the initial appointment was not in consonance with the rules, it would be deemed illegal...

Posted in Others |   1727 hits

SC Bars Withdrawal Of Criminal Prosecution Against MPs/MLAs Without Permission Of High Court

 20 August 2021

In one of the best decision ever made by the Apex Court at least to the best of my knowledge in my lifetime, it is most righteous, most rational, most reassuring, most remarkable and most refreshing to learn that the Supreme Court has in a learned, l..

Posted in Others |   1969 hits

Lachhmi Narain Singh (D) Through LRs & Ors Vs Sarjug Singh (Dead) Through LRs & Ors: Genuineness Of Property Transaction Cannot Be Doubted Merely Because Thumb Impression Was Affixed Instead Of Signature

 19 August 2021

In a probate case, the validity of a cancellation deed was challenged. The Supreme Court, in this case, observed that merely because a thumbprint is annexed instead of a signature, the genuineness of the property transaction cannot be doubted...

Posted in Others |   1021 hits

Suman Chadha Vs Central Bank Of India: Wilful Breach Of Undertaking Given To Court Is Contempt

 19 August 2021

In this case, the petitioners have availed loan/credit facilities from the respondent bank with respect to the immovable properties as security. Due to the non-repayment loan, the respondent bank filed a notice under the SARFAESI Act. The High Court ..

Posted in Others |   2099 hits







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