Digest Of Supreme Court Cases

Ss. 106 and 107-whether the rent deed can be treated to be a lease of immovable property (i) from year to year (ii) for any term exceeding one year (iii) or reserving a yearly rent?

As per sec 17(1)(d), leases of immovable property from year to year or for any term exceeding one year, or reserving a yearly rent requires compulsory registration. Held, the rent note, which we are considering contains only monthly rent and payment month by month. When the clauses of rent note are cumulatively read, the intention […]

Ss. 106 and 107-whether the rent deed can be treated to be a lease of immovable property (i) from year to year (ii) for any term exceeding one year (iii) or reserving a yearly rent? Read More »

S. 118 – Child witness

The evidence of child witness cannot be rejected per se, but the court, as a rule of prudence, is required to consider such evidence with close scrutiny and only on being convinced about the quality of statements and its reliability, base conviction by accepting the statement of child witness. The evidence of the child witness

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S. 13(1)(i-a) — Factors to be considered for Grant of divorce on ground of “Mental cruelty”

For considering dissolution of marriage at instance of a spouse who alleges mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. In other words, the wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. The

S. 13(1)(i-a) — Factors to be considered for Grant of divorce on ground of “Mental cruelty” Read More »

Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings under Ss. 419, 420, 323, 504 and 506 IPC

It was held that even if all the allegations in the complaint taken at the face value are true, the basic essential ingredients of cheating are missing, as it could not be said that averments in FIR and allegations in the complaint against appellant constituted offenses thereunder, therefore, this case was fit for High Court

Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings under Ss. 419, 420, 323, 504 and 506 IPC Read More »

Criminal Procedure Code, 1973 — Ousting the statutory restrictions under S 43-D(5) of the UAPA for Grant of bail under sec S. 439 on grounds of violation of Part III of the Constitution

The court held that “whereas at the commencement of proceedings, the courts are expected to appreciate the legislative policy against grant of bail but the rigours of such provisions will melt down where there is no likelihood of trial being completed within a reasonable time and the period of incarceration already undergone has exceeded a

Criminal Procedure Code, 1973 — Ousting the statutory restrictions under S 43-D(5) of the UAPA for Grant of bail under sec S. 439 on grounds of violation of Part III of the Constitution Read More »

Civil Procedure Code, 1908 — S. 89 – The High Court was correct in holding that sec 89CPC and section 69-A of 1955 Act be interpreted liberally- broad purposive construction

Settlement of disputes only through any of the mode prescribed under Section 89 CPC is not sine qua non of sec 89 CPC rather it prescribes few methods through which settlement can be reached; sine qua non for the applicability of section 89 is settlement between the parties outside the court without the intervention of

Civil Procedure Code, 1908 — S. 89 – The High Court was correct in holding that sec 89CPC and section 69-A of 1955 Act be interpreted liberally- broad purposive construction Read More »

Constitution of India —Right to marry person of one’s choice is integral to Art. 21

Intimacies of marriage lie within a core zone of privacy, which is inviolable and even matters of faith would have the least effect on them. The autonomy of an individual inter alia in relation to family and marriage is integral to the dignity of the individual. Para 12 The way forward to the Police authorities

Constitution of India —Right to marry person of one’s choice is integral to Art. 21 Read More »

Criminal Procedure Code, 1973 — Power to summon material witness, or examine person present under S. 311

Principles summarised regarding object and scope of S. 311 and power and duties of court while exercising discretion under S. 311 CrPC. “The aim of every court is to discover the truth. Section 311CrPC is one of many such provisions which strengthen the arms of a court in its effort to unearth the truth by

Criminal Procedure Code, 1973 — Power to summon material witness, or examine person present under S. 311 Read More »

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