Advocates Club

Tagged: Supreme Court of India

Criminal Law

SUPREME COURT OF INDIA – EVEN NON-COMPOUNDABLE OFFENCES CAN BE COMPOUNDED WHEN THE TRANSACTION IS OF PRIVATE NATURE

Supreme Court of India Date of Judgement: 04.05.2016 When the dispute is purely of a personal nature or it arose out of private business dealings between two private parties and there is no public involvement in allegations against accused, courts can accept compromise even in criminal proceedings. Click Here To View Full Text Of Judgement

Service & Labour Law

SUPREME COURT OF INDIA – A PRIOR APPROVAL FROM THE DIRECTOR OF EDUCATION, GOVT. OF NCT OF DELHI IS REQUIRED BEFORE TERMINATING AN EMPLOYEE BY THE SCHOOL MANAGEMENT

Supreme Court of India Date of Judgement: 13.04.2016 The respondent-Managing Committee in the instant case, did not obtain prior approval of the order of termination passed against the appellant from the Director of Education, Govt. of NCT of Delhi as required under Section 8(2) of the DSE Act. The order of termination passed against the  appellant is thus, bad in law. [Para No. 35 of the...

Service & Labour Law

SUPREME COURT OF INDIA – EDUCATIONAL INSTITUTION IS AN INDUSTRY IN TERMS OF THE INDUSTRIAL DISPUTES ACT –THOUGH NOT ALL OF ITS EMPLOYEES ARE WORKMEN BUT THE DRIVER EMPLOYED BY A SCHOOL BEING A SKILLED PERSON IS A WORKMAN

Supreme Court of India Date of Judgement: 13.04.2016 The issue whether educational institution is an ‘industry’, and its employees are ‘workmen’ for the purpose of the Industrial Disputes Act, 1947 has been answered by a Seven-judge Bench of this Court way back in the year 1978 in the case of Bangalore Water Supply (supra). It was held that educational institution is...

Civil Law

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...

Civil Law

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...

Property Law

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...

Criminal Law / Matrimonial Law

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...

Civil Law / Criminal Law

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...

Civil Law / Property Law

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...