Search results for ‘SC 2015

Sardar Sambhaji Angre vs H.H. Jyitiraditya M. Scindia And Ors [BHC] – 18/6/2019

In case of the partition suit, all the parties are to be treated as plaintiffs. Even if any preliminary decree would have been passed by this court in this suit based on the said affidavit dated 15th October, 1985 under Order 20 Rule 18 read with sections 151 to 153 of the Code of Civil Procedure, 1908, court has ample power to pass more than one preliminary decree or to modify the preliminary decree prior to passing of the final decree having regard to change of supervening  circumstances.

In a contempt proceeding SC cannot determine whether or not Rajeev Kumar should be arrested by the CBI for custodial interrogation: SC

Subrata Chattoraj Vs. Union of India and Others – MAY 17, 2019 – Contempt Petition- the State Police Agencies who were investigating these cases to provide fullest cooperation to the CBI, including assistance in terms of manpower and material, to enable them to conduct and complete the investigation expeditiously. The CBI alleges non-cooperation and charges WBSPF with obfuscating the investigation by causing impediments and roadblocks with a view to protect big names and members/leaders of the ruling party in the State of West Bengal.

In case of inordinate delay in lodging FIR, Court may reject the case if delay is not satisfactorily explained-SC

CRIMINAL – Sections 365 and 352 of the Indian Penal Code – Normally, the Court may reject the case of the prosecution in case of inordinate delay in lodging the first information report because of the possibility of concoction of evidence by the prosecution. However, if the delay is satisfactorily explained, the Court will decide the matter on merits without giving much importance to such delay. The Court is duty bound to determine whether the explanation afforded is plausible enough given the facts and circumstances of the case. The delay may be condoned if the complainant appears to be reliable and without any motive for implicating the accused falsely – SUPREME COURT OF INDIA [ March 29, 2019 ]

What to do if a Judge recorded wrong submission and something not submitted at all-SC

That is the only way to have the record corrected. If no such step is taken, the matter must necessarily end there. of course a party may resile and an Appellate Court may permit him in rare and appropriate cases to resile from a concession on the ground that the concession was made on a wrong appreciation of the law and had led to gross injustice; but, he may not call in question the very fact of making the concession as recorded in the judgment