Tagged: Supreme Court of India

SUPREME COURT OF INDIA – CAUSE OF ACTION ARISES WHEN THE REAL DISPUTE ARISES I.E. WHEN ONE PARTY ASSERTS AND THE OTHER PARTY DENIES ANY RIGHT

Supreme Court of India Date of Judgement: 12.02.2016 It shall now be consider the settled law on the subject i.e., cause of action. This Court in a catena of judgments has laid down that the cause of action arises when the real dispute arises i.e. when one party asserts and the other party denies any right. The cause of action in...

SUPREME COURT OF INDIA – THE LAW RELATING TO POWER OF ATTORNEY

Supreme Court of India Date of Judgement: 28.01.2016 (Para 42) The law relating to power of attorney is governed by the provisions of the Power of Attorney Act, 1882. It is well settled therein that an agent acting under a power of attorney always acts, as a general rule, in the name of his principal. Any document executed or thing...

SUPREME COURT OF INDIA – WHETHER THE EVICTION PETITION CAN BE DISMISSED ON THE GROUND OF NON-JOINDER OF ALL THE CO-OWNERS?

Supreme Court of India Date of Judgement: 28.01.2016 (Para 35) So far as issue pertaining to joinder of all co-owners in eviction petition filed against the tenant under the Rent Laws is concerned, the same also remains no more res Integra and stands settled by several decisions of this Court. In Dhannalal vs. Kalawathibai Ors. this Court took note of...

SUPREME COURT OF INDIA – WHETHER CONSENSUAL SEX WITHOUT ANY DELIBERATION ABOUT MARRIAGE IS WITHIN THE DEFINITION OF RAPE?

Supreme Court of India Date of Judgement: 06.01.2016 The Supreme Court has observed that if no deliberation about marriage between the prosecutrix and the accused took place before the alleged sexual contact which was consensual, it cannot be said that the consent has been given under misconception of marriage, while acquitting the accused from all the charges against him. In...

SUPREME COURT OF INDIA – COMPACT DISKS (CDS) ARE DOCUMENTS, CAN BE CONSIDERED AS EVIDENCE UNDER LAW

Supreme Court of India Date of Judgement: 24.11.2015 The Supreme Court of India has allowed compact discs (CDs) to be treated as a document under the law and said that the litigants should be allowed to prove or disprove such electronic proof in judicial proceedings. This appeal is directed against order passed by the High Court of Punjab and Haryana...

SUPREME COURT OF INDIA – ADMISSIBILITY OF UNREGISTERED DOCUMENTS IN EVIDENCE – ANY DOCUMENT WHICH HAS EFFECT OF CREATING OR TAKING AWAY ANY RIGHTS IN RESPECT OF AN IMMOVABLE PROPERTY MUST BE REGISTERED

Supreme Court of India Date of Judgement: 08.10.2015 Section 17 (1) (b) of the Registration Act mandates that any document which has the effect of creating and taking away the rights in respect of an immovable property must be registered and Section 49 of the Act imposes bar on the admissibility of an unregistered document and deals with the documents that...

SUPREME COURT OF INDIA – MATRIMONIAL DISPUTES – CODE OF CRIMINAL PROCEDURE SECTION 41 – INDIAN PENAL CODE SECTION 498-A AND DOWRY PROHIBITION ACT SECTION 4 – ANTICIPATORY BAIL AGAINST ARREST – PROVISIONS ARE USED AS WEAPONS RATHER THAN TOOL OF LAW

Supreme Court of India Date of Judgement: 02.07.2014 Supreme Court of India-Matrimonial Disputes-Code of Criminal Procedure Section 41 – Indian Penal Code Section 498-A  and Dowry Prohibition Act Section 4- Anticipatory bail against arrest – provisions are used as weapons rather than tool of law – attitude to arrest first and then proceed with the rest is despicable – it has...

SUPREME COURT OF INDIA – NEGOTIABLE INSTRUMENTS ACT SECTION 138 – COMPLAINT CAN BE FILED EVEN AFTER SECOND NOTICE

Supreme Court of India Date of Judgement: 10.09.2013 Negotiable Instruments Act Section 138 – Complaint can be Filed Even after Second Notice This matter was referred before the larger Bench by order dated 25th March, 2009. The question referred to the larger Bench was : “whether the action of the appellant was time-barred under Section 138(b) of the Negotiable Instruments Act or not...

SUPREME COURT OF INDIA – NEGOTIABLE INSTRUMENTS ACT SECTION 138 -WHETHER THE COMPLAINT FILED IS WITHIN LIMITATION OR NOT

Supreme Court of India Date of Judgement: 26.08.2013 Whether the complaint filed under Section 138 of the NI Act is within limitation or not…… from the date on which the cause of action arose under clause (c) of the proviso to Section 138 of the NI Act? …. Whether for calculating the period of one month …. under Section 142(b),...