Digest Of Supreme Court Cases

Burden of proof on the person who alleges that the property is a joint property of an HUF under Hindu Law

Reference in this behalf was made to the judgments of this court in Bhagwan Dayal v. Reoti Devi (AIR 1962 SC 287). In this case, this court held that the general principle is that a Hindu Family is presumed to be joint unless the contrary is proved. It was further held that where one of […]

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Constitution of India — Art. 21 — Offences involving police brutality/atrocities and which are compoundable with permission of court

When the police is a violator of the law whose primary responsibility is to protect the law, the punishment for such violation has to be proportionately stringent so as to have an effective deterrent effect and instil confidence in the society. Thus, Permission for compounding of such offences involving police brutality/atrocities cannot be granted by

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Does delay in sending report under section 157 and 154 of the Code of Criminal Procedure 1973 to Magistrate, vitiate prosecution case

In the instant case there was a delay in compliance with section 157 of the Code, as the fir was received in the office of the Chief judicial magistrate with a delay of 11 days. Effect of the delay was examined in the case of Jafel Biswas v. State of W.B. (2019) 12 SCC 560

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Transfer of Property Act, 1882 — Ss. 122 and 123 — Gift of immovable property becomes complete when there is acceptance of gift

Section 122- Acceptance by or on behalf of donee must be made during the lifetime of the donor and while he is still capable of giving. Section 123- Execution of gift deed registered bearing the signature of the donor and attested by at least two witnesses Acceptance of such a gift makes the gift of

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Meaning of “Dismissal”, “Discharge”, “removal from service” “Fiduciary”, “Fiduciary Relationship”Information “held”“Judicial Accountability”,“Judicial Independence”

Meaning of “Dismissal”, “Discharge”, “removal from service” (2020)5 SCC 474-B- Bharat Petroleum Corporation Limited and others v. Anil Padegaonkar “Fiduciary”, “Fiduciary Relationship”– (2020) 5 SCC 481-E- Central Public Information Officer, Supreme Court of India V. Subhash Chandra Agarwal Information “held”- (2020) 5 SCC 481-Y- Central Public Information Officer, Supreme Court of India V. Subhash Chandra

Meaning of “Dismissal”, “Discharge”, “removal from service” “Fiduciary”, “Fiduciary Relationship”Information “held”“Judicial Accountability”,“Judicial Independence” Read More »

Family and Personal Laws —Mediation on Matrimonial dispute- sec 89 of CPC, 1908

In this case, there was a reference to mediation on the consent of counsel. Directions were issued as to expenses and interaction of the child with parent and mediator to make arrangements for continued interaction till the mediation process is on -With the liberty to move the court, liberty to file rejoinder -affidavit, in case

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Valid grounds for entitlement to bail under section 439 of Criminal Procedure Code 1973

The appellant got a contract for the supply of radar stations when after eight years it was alleged that there were fraud and cheating and the appellant was booked under sections 406,409,420,465,468,471 and 120-B of the Indian Penal Code 1860 and section 13(1)(d) of Prevention of Corruption Act, 1988. Bail was denied by the session

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Contention that clause (f) of sec 43-B inserted vide Finance Act ,2001 w.e.f..1-4-2002 only to nullify ruling of Supreme Court in Bharat Earth Movers, (2000) 6 SCC 645

Held that Notably, this regulatory measure is in sync with other deductions specified in Section 43-B, which are also present and accrued liabilities. A priori, merely because a certain liability has been declared to be a present liability by the Court as per the prevailing enactment, it does not follow that Legislature is denuded of

Contention that clause (f) of sec 43-B inserted vide Finance Act ,2001 w.e.f..1-4-2002 only to nullify ruling of Supreme Court in Bharat Earth Movers, (2000) 6 SCC 645 Read More »

Exercise of power under Art 226 of the Constitution of India by filing Habeas Corpus petition for custody of child

It is well-settled law by a catena of judgments that while deciding matters of custody of a child, the primary and paramount consideration is the welfare of the child. A child, especially a child of tender years requires love, affection, company, protection of both parents. This is not only the requirement of the child but

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