KEYWORD:- Default judgment AIR 1999 SC 3381 : (1999) 2 Suppl. SCR 258 : (1999) 8 SCC 396 : JT 1999 (6) SC 473 : (1999) 5 SCALE 400 (SUPREME COURT OF INDIA) Balraj Taneja and another Appellant Versus Sunil Madan and another Respondent
KEYWORDS:- SPECIFIC PERFORMANCE OF CONTRACT AIR 1999 SC 2958 : (1999) 1 Suppl. SCR 75 : (1999) 7 SCC 114 : JT 1999 (5) SC 389 : (1999) 4 SCALE 466 (SUPREME COURT OF INDIA) Kalavakurti Venkata Subbaiah Appellant Versus Bala Gurappagari Guruvi Reddy Respondent (Before : S. Rajendra Babu And Ajay Prakash Misra, JJ.)… Read More Kalavakurti Venkata Subbaiah Vs Bala Gurappagari Guruvi Reddy [ALL SC 1999 AUGUST]
KEYWORDS:-natural guardian- DATE:-17-02-1999. The father by reason of a dominant personality cannot be ascribed to have a preferential right over the mother in the matter of guardianship since both fall within the same category AIR 1999 SC 1149 : (1999) 1 SCR 669 : (1999) 2 SCC 228 : JT 1999 (1) SC 524 :… Read More Ms. Githa Hariharan and another Vs Reserve Bank of India and another[ALL SC 1999 FEBRUARY]
KEYWORDS: -DYING DECLARATION – DATE:-17-08-1999- There is DISTINCTION between the evaluation of dying declaration under the English law and that under the Indian law. Under the English law, credence and the relevancy of a dying declaration is only when person making such statement is in hopeless condition and expecting an imminent death. So under the… Read More Kishan Lal Vs State of Rajasthan[ALL SC 1999 AUGUST]
Can a trial Court permit lacuna in prosecution evidence filled up ? The conventional concept is that the Court should not do so. But then, what is meant by lacuna in a prosecution case, has to be understood before deciding the said question one way or the other.
… Read More Rajendra Prasad vs Narcotic Cell Through Its Officer [SC 1999 JULY]
KEYWORDS:- Rajib Gandhi Murder Case-disrupting the sovereignty of India-Murder- Date :- 11-05-1999 Offence under Section 302 read with Section 120-B of IPC it would be advantageous to consider whether prosecution could sustain offences under TADA AIR 1999 SC 2640 : (1999) 3 SCR 1 : (1999) 5 SCC 253 : JT 1999 (4) SC 106 : (1999)… Read More State of TAMIL NADU through Superintendent of Police CBI/SIT Appellant Versus Nalini and others[ALL SC 1999 May]
September 6, 2018:-SECTION 377of IPC-Homosexuality-It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent,… Read More Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]
September 05, 2018: Section 42 OF NDPS ACT-An empowered officer under Section 42(1) is obligated to reduce to writing the information received by him, only when an offence punishable under the Act has been committed in any building, conveyance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, including recording of information received by the empowered officer, is not mandatory, when an offence punishable under the Act was not committed in a building, conveyance or an enclosed place. Section 43 is attracted in situations where the seizure and arrest are conducted in a public place, which includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public-CONVICTION UPHELD.… Read More S.K. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal [ALL SC 2018 SEPTEMBER]
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10972 OF 2013 (Arising out of SLP (C) No.15436 of 2009) Suresh Kumar Koushal & Anr vs Naz Foundation & Ors Decided on: 11 December 2013 Bench: G.S. Singhvi, Sudhansu Jyoti Mukhopadhaya JUDGMENT G.S. SINGHVI, J. 1. Leave granted. 2. These appeals are directed against order… Read More Suresh Kumar Koushal & Anr vs Naz Foundation & Ors [ALL SC 2013 DECEMBER]
(44 OF 1999) [30th December, 1999] An Act to provide for the constitution of a body at the national level for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities and for matters connected therewith or incidental thereto.
In order to ensure smooth, consistent, uniform and unvarying functioning of the National Commission, the State Commissions and the District Forums, we deem it appropriate to direct the National Commission to frame comprehensive rules regarding appearances of the agents, representatives, registered organizations and/or non-advocates appearing before the National Commission, the State Commissions and the District Forums governing their qualifications, conduct and ethical behaviour of agents/non-advocates/representatives, registered organizations and/or agents appearing before the consumer forums.… Read More C. Venkatachalam Versus Ajitkumar C. Shah and Others [ALL SC 2011 AUGUST]
We conclude that the National Commission has jurisdiction to decide the dispute between the parties and it is a Court and that there was deficiency in service by the Appellant-carrier.
Power under Section 319 of the Code can be exercised by the Court suo motu or on an application by someone including accused already before it, if it is satisfied that any person other than accused has committed an offence and he is to be tried together with the accused. The power is discretionary and such discretion must be exercised judicially having regard to the facts and circumstances of the case. Undisputedly, it is an extraordinary power which is conferred on the Court and should be used very sparingly and only if compelling reasons exist for taking action against a person against whom action had not been taken earlier. The word “EVIDENCE” in Section 319 contemplates EVIDENCE of witnesses given in Court. Under sub-section (4)(1)(b) of the aforesaid provision, it is specifically made clear that it will be presumed that newly added person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. That would show that by virtue of sub-section (4)(1)(b) a legal fiction is created that cognizance would be presumed to have been taken so far as newly added accused is concerned. (See Lok Ram v. Nihal Singh and Anr. (AIR 2006 SC 1892)).… Read More The scope and ambit of Sec. 319 of the Code of Criminal Procedure
The question whether free and fair election is possible to be held or not has to be objectively assessed by the Election Commission by taking into consideration all relevant aspects. Efforts should be to hold the election and not to defer holding of election.… Read More Special Reference No. 1 of 2002. [ALL SC 2002 October ]