Advocates Club

Tagged: Supreme Court of India

Criminal Law

SUPREME COURT OF INDIA – REGISTRATION OF FIR IS MANDATORY IF THE INFORMATION GIVEN TO THE POLICE DISCLOSES THE COMMISSION OF A COGNIZABLE OFFENCE

Date of Judgement: 06.01.2017 : What is necessary is only that the information given to the police must disclose the commission of a cognizable offence, in such a situation, registration of an FIR is mandatory. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and perhaps the police can conduct...

Matrimonial Law

SUPREME COURT OF INDIA – THE STATEMENTS AND ACTS WHICH CONSTITUTES AN ACT OF CRUELTY FOR SUSTAINING THE CLAIM FOR DIVORCE

Supreme Court of India Date of Judgement: 06.10.2016 FACTS OF THE CASE:- The reason for filing the divorce petition was that the wife had become cruel because of her highly suspicious nature and she used to level absolutely frivolous but serious allegations against Husband regarding his character and more particularly about his extra-marital relationship. Behaviour of the wife made life...

Cheque Bounce

SUPREME COURT OF INDIA – WHETHER A POST-DATED CHEQUE GIVEN AS “SECURITY” AND MENTIONED IN THE LOAN AGREEMENT IS COVERED BY SECTION – 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 OR NOT?

Supreme Court of India Date of Judgement: 19.09.2016 Whether the dishonour of a post-dated cheque given for repayment of loan installment which is also described as “security” in the loan agreement is covered by Section 138 of the Negotiable Instruments Act, 1881 or not? The agreement recorded that post-dated cheques towards payment of installment of loan (principal and interest) were...

Criminal Law

SUPREME COURT OF INDIA – WHETHER A PRIVATE PERSON CAN BE PERMITTED TO CONDUCT AND ENGAGE A PRIVATE COUNSEL IN SESSION COURT TRIAL AND MAGISTRATE COURT TRIAL OR NOT?

Supreme Court of India Date of Judgement: 06.09.2016 A private person can be permitted to conduct the prosecution in the Magistrate’s Court and can engage a counsel to do the needful on his behalf but as far as session trial is concerned the legislative intention is manifestly clear that prosecution in a Sessions Court cannot be conducted by anyone other...

Civil Law / Property Law

SUPREME COURT OF INDIA – IN THE ABSENCE OF A REGISTERED INSTRUMENT THE COURTS ARE NOT PRECLUDED FROM DETERMINING THE FACTUM OF TENANCY FROM THE OTHER EVIDENCE ON RECORD AS WELL AS THE CONDUCT OF THE PARTIES

Date of Judgement: 29.08.2016 : Non registration of the document would cause only two consequences. One is that no lease exceeding one year is created and the Second is that the instrument become useless so far as creation of the lease is concerned. Thus in the absence of registration of a document, what is deemed to be created is a...

Property Law

SUPREME COURT OF INDIA – DOCTRINE OF TENANT’S ESTOPPEL-ONCE THE TENANT HAS ADMITTED THE TITLE OF THE LAND LORD OVER SUIT PROPERTY HE WILL BE ESTOPPED FROM QUESTIONING THE TITLE IN THE EVICTION PROCEEDINGS

Supreme Court of India Date of Judgement: 09.08.2016 “DOCTRINE OF TENANT’S ESTOPPEL” which governs the relationship of landlord and tenant is founded on a contract of tenancy entered into by them, is well settled. Jessel, M.R., who adverted to that doctrine in Stringer’s Estate, Shaw v. Jones-Ford explains it thus: “Where a man having no title obtains possession of land...

Matrimonial Law

SUPREME COURT OF INDIA – GRANT OF A DECREE OF DIVORCE BY MUTUAL CONSENT BY WAIVING THE SIX MONTH STATUTORY PERIOD OF WAITING

Supreme Court of India Date of Judgement: 04.08.2016 Grant of a decree of divorce by mutual consent by waiving the six month statutory period of waiting. Facts of the case :- Parties living separately for more than five years-Husband want to go USA and wife also has to think about her future-Decree of divorce granted by the Hon’ble Supreme Court...