Digest Of Supreme Court Cases

S. 96, Or. 41 Rr. 31 and 33: Principles summarised regarding powers and duty of first appellate court in deciding an appeal under S. 96 CPC r/w Or. 41 R. 31

Cryptic and cursory approach of High Court as first appellate court is not sustainable. Remand to first appellate court to determine the matter afresh, not warranted in the instant cae. The suit was instituted more than three decades ago; evidence discussed by trail court is neither disputed nor demolished by respondent, as such there was […]

S. 96, Or. 41 Rr. 31 and 33: Principles summarised regarding powers and duty of first appellate court in deciding an appeal under S. 96 CPC r/w Or. 41 R. 31 Read More »

Or. 14 R. 2 — What are Preliminary issues – when may be framed and tried as preliminary issues

Preliminary issues can be those where no evidence is required. Thus, for instance, on basis of reading of plaint or applicable law, if jurisdiction of court or bar to suit is made out, court may decide such issues with sole objective for expeditious decision. Or. 14 R. 2 has a salutary object in mind that mandates court

Or. 14 R. 2 — What are Preliminary issues – when may be framed and tried as preliminary issues Read More »

Arts. 300-A and 31 — Expropriation of private property by State — Entitlement of Compensation

State on ground of delay and laches cannot evade its legal responsibility towards those from whom private property has been expropriated. While the right to property is no longer a fundamental right, it is pertinent to note that at the time of dispossession of the subject land, this right was still included in part III

Arts. 300-A and 31 — Expropriation of private property by State — Entitlement of Compensation Read More »

Ss. 166 and 168 — Permanent disability claim

In this case there was enhancement in compensation under heads “future loss of earning” and “attendant charges” by applying multiplier method in case of 100% permanent disability. Held, the relevant factors include the prolonged hospitalization and regular medical assistance, nature of the injuries sustained, the operations underwent and the consequent pain, discomfort and suffering. Simultaneously,

Ss. 166 and 168 — Permanent disability claim Read More »

Art. 15(3)- DV Act being a piece of civil code applicable to every woman irrespective of her religious affiliation

In order to protect women victims of domestic violence occurring in a domestic relationship, the expression “joint family” in the DV Act, held, cannot be restricted to its meaning as understood in Hindu law and, thus, expression “family members living together as a joint family, means the members living jointly as a family of any

Art. 15(3)- DV Act being a piece of civil code applicable to every woman irrespective of her religious affiliation Read More »

S. 100 — Right of private defence of body — Circumstances stretching such right to the extent of voluntarily causing death

To claim such a right, the accused must be able to demonstrate that the circumstances were such that there existed a reasonable ground to apprehend that he would suffer grievous hurt that would even cause death. Thus, necessity of averting an impending danger, held, is the core criteria for exercising such a right. In a

S. 100 — Right of private defence of body — Circumstances stretching such right to the extent of voluntarily causing death Read More »

Ss. 260-A, 269 and 120 — Determination of Appropriate High Court for filing appeal or reference against order of ITAT Bench exercising jurisdiction over more than one State

As benches of the ITAT exercise jurisdiction over more than one state, Explanation to Standing Order No. 1 of 1954 and Standing Order No. 1 of 1967 issued under the Rules prescribe that, the jurisdiction of the ITAT should be based on the location of the Assessing Officer. The same principle should apply for determining

Ss. 260-A, 269 and 120 — Determination of Appropriate High Court for filing appeal or reference against order of ITAT Bench exercising jurisdiction over more than one State Read More »

Or. 41 Rr. 1(3), 5 and Or. 27 R. 8-A — Deposit of decretal amount for maintaining appeal

Instead of depositing entire decretal amount as directed by High court, the deposit as directed by State Government of Rs 45,00,000 can be taken as sufficient compliance of direction issued by the High Court? Held, deposit of Rs 4500000 would meet the ends of justice.  Thus direction of High Court to deposit entire decretal sum

Or. 41 Rr. 1(3), 5 and Or. 27 R. 8-A — Deposit of decretal amount for maintaining appeal Read More »

Art. 226 — Writs — Habeas corpus — Custody of minor upon death of both parents

Independent income, younger age and/or bigger family of maternal aunt cannot be sole criteria to tilt balance and deny custody to grandparents when capacity and/or ability of grandparents to take care of their grandson, cannot be doubted. Gransfather stayed in metro city where minor had better educational prospects, as opposed to maternal aunt who stayed

Art. 226 — Writs — Habeas corpus — Custody of minor upon death of both parents Read More »

Civil Procedure Code, 1908 — Or. 41 R. 27 — Admissibility of additional evidence in appellate court not adduced in the court of original jurisdiction:

Admissibility of additional evidence under Or. 41 R. 27 CPC does not depend upon the relevancy of the issue on hand, or whether the applicant had an opportunity for adducing such evidence at an earlier stage or not, but it depends upon whether or not appellate court requires the evidence sought to be adduced to enable it to pronounce judgment

Civil Procedure Code, 1908 — Or. 41 R. 27 — Admissibility of additional evidence in appellate court not adduced in the court of original jurisdiction: Read More »

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