Rohtash Singh Versus Smt. Ramendri and others[ ALL SC 2000 MARCH]

Now, adultery is the sexual intercourse of two persons, either of whom is married to a third person. This clearly supposes the subsistence of marriage between the husband and wife and if during the subsistence of marriage, the wife lives in adultery, she cannot claim Maintenance Allowance under Section 125 of the Code of Criminal Procedure.… Read More Rohtash Singh Versus Smt. Ramendri and others[ ALL SC 2000 MARCH]

Sarita Sharma Appellant Versus Sushil Sharma Respondent [ALL SC 2000 FEBRUARY]

It will not be proper to be guided entirely by the fact that the appellant Sarita had removed the children from U.S.A. despite the order of the Court of that country. So also, in view of the facts and circumstances of the case, the decree passed by the American Court though a relevant factor, cannot override the consideration of welfare of the minor children.… Read More Sarita Sharma Appellant Versus Sushil Sharma Respondent [ALL SC 2000 FEBRUARY]

Municipal Corporation of Delhi Versus Female Workers (Muster Roll) and another[ALL SC 2000 MARCH]

KEYWORDS:- iNDUSTRIAL DISPUTE – MUNICIPALITY WHETHER INDUSTRY-MATERNITY BENEFIT-CASUAL WORKERS-   DATE:-08-03-2000- AIR 2000 SC 1274 : (2000) 2 SCR 171 : (2000) 3 SCC 224 : JT 2000 (3) SC 13 : (2000) 2 SCALE 269 (SUPREME COURT OF INDIA) Municipal Corporation of Delhi Appellant Versus Female Workers (Muster Roll) and another Respondent (Before: S.… Read More Municipal Corporation of Delhi Versus Female Workers (Muster Roll) and another[ALL SC 2000 MARCH]

M.V.AL. Quamar vs Tsavliris Salvage (International) Ltd. and other[ALL SC 2000 AUGUST]

KEYWORDS:-Admiralty matter-Common law principles- common law of India- DATE:- 17-08-2000 AIR 2000 SC 2826 : (2000) 2 Suppl. SCR 440 : (2000) 8 SCC 278 : JT 2000 (9) SC 184 : (2000) 5 SCALE 618 (SUPREME COURT OF INDIA) M.V.AL. Quamar Appellant Versus Tsavliris Salvage (International) Ltd. and others Respondent (Before: S. B. Majmudar… Read More M.V.AL. Quamar vs Tsavliris Salvage (International) Ltd. and other[ALL SC 2000 AUGUST]

Uttam Singh Dugal and Co. Ltd. Vs Union Bank of India and others [ALL SC 2000 AUGUST]

KEYWORDS:-ADMISSION OF FACTS- DATE:-08-08-2000 Admissions generally arise when a statement is made by a party in any of the modes provided under Sections 18 to 23 of the Evidence Act, 1872. Admissions are of many kinds they may be considered as being on the record as actual if that is either in the pleadings or in… Read More Uttam Singh Dugal and Co. Ltd. Vs Union Bank of India and others [ALL SC 2000 AUGUST]

It is settled legal position that court is to respond only to issue agitated before it and in case at the time of hearing issue was not taken the court cannot deal with it-SC

(2010) 96 AIC 241 : (2011) AIR(SC)Civil 53 : (2010) 6 ALLMR(SC) 949 : (2011) 2 AllWC 1592 : (2010) 83 ALR 709 : (2010) 3 ARC 632 : (2011) 2 ICC 684 : (2011) 1 RCR(Rent) 190 : (2011) 2 RecentApexJudgments(RAJ) 98 : (2011) 1 RentLR 315 : (2010) 11 SCALE 302 : (2010)… Read More It is settled legal position that court is to respond only to issue agitated before it and in case at the time of hearing issue was not taken the court cannot deal with it-SC

V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

We are of the view that aforesaid directions are not consistent with the law laid down by the larger Bench in Mathew (supra). In Mathew (supra), the direction for consulting the opinion of another doctor before proceeding with criminal investigation was confined only in cases of criminal complaint and not in respect of cases before the Consumer Forum. The reason why the larger Bench in Mathew (supra) did not equate the two is obvious in view of the jurisprudential and conceptual difference between cases of negligence in civil and criminal matter. This has been elaborately discussed in Mathew (supra). This distinction has been accepted in the judgment of this Court in Malay Kumar Ganguly (supra) (See paras 133 and 180 at pages 274 and 284 of the report).… Read More V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

COMPETITION COMMISSION OF INDIA Vs. CO-ORDINATION COMMITTEE OF ARTISTS AND TECHNICIANS OF W.B. FILM AND TELEVISION [ALL SC 2017 MARCH]

While identifying the relevant market in a given case, the CCI is required to look at evidence that is available and relevant to the case at hand. The CCI has to define the boundaries of the relevant market as precisely as required by the circumstances of the case. Where appropriate, it may conduct its competition… Read More COMPETITION COMMISSION OF INDIA Vs. CO-ORDINATION COMMITTEE OF ARTISTS AND TECHNICIANS OF W.B. FILM AND TELEVISION [ALL SC 2017 MARCH]

A decree obtained by fraud cannot be used as a res judicata and the same can be challenged by a separate Suit-SC

The judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.… Read More A decree obtained by fraud cannot be used as a res judicata and the same can be challenged by a separate Suit-SC