Vijay vs. Union of India & Ors., Civil Appeal No. 4910 of 2023 [2023 INSC 1030] Principles relevant for examining the admissibility of secondary evidence RELEVANT PARAGRAPH 33. After perusing various judgments of this Court, we can deduce the following principles relevant for examining the admissibility of secondary evidence: 33.1 Law requires the best evidence […]
Principles relevant for examining the admissibility of secondary evidence Read More »
Bank of Baroda & Ors. vs. Baljit Singh [Civil Appeal No(s). 624/2017] Compassionate appointment dehors the terms of the policy is impermissible RELEVANT PARAGRAPH 14. It is to be noted that in the instant case, the respondent filed a suit for declaration and mandatory injunction seeking appointment on compassionate basis which was decreed by the
Compassionate appointment dehors the terms of the policy is impermissible Read More »
M/s. Shree Vishnu Constructions vs. The Engineer in Chief Military Engineering Service & Ors. [Civil Appeal No. 3461 of 2023] Amendment Act, 2015 amending the scope of the court u/s 11, non-applicable where the notice invoking arbitration was issued prior to 23.10.2015 RELEVANT PARAGRAPH 10. Applying the law laid down by this Court in the
The State of Goa vs. Summit Online Trade Solutions (P) Ltd & Ors. [Civil Appeal No. 1700/2023] Small part of cause of action not sufficient to confer jurisdiction on the high court RELEVANT PARAGRAPH 2. …….According to the appellant, a notification issued under a statute enacted by a State legislature cannot be subjected to judicial
Small part of cause of action not sufficient to confer jurisdiction on the high court Read More »
Ashutosh Samanta (D) by Lrs. & Ors. vs. Sm. Ranjan Bala Dasi & Ors [Civil Appeal No.7775 of 2021] The presumption under Section 90 as to the regularity of documents more than 30 years of age is inapplicable while proving wills RELEVANT PARAGRAPH 12. This court, in M.B. Ramesh (D) by L.Rs. v K.M. Veeraje
Sirajudheen vs. Zeenath & Ors. [Civil Appeal No. 1491 of 2023] What is the scope of remand under Order XLI of the Civil Procedure Code? RELEVANT PARAGRAPH 9.1. The provisions contained in Rules 23, 23-A, 24, 27 and 33 of Order XLI CPC read as under: – 23. Remand of case by Appellate Court.- Where
What is the scope of remand under Order XLI of the Civil Procedure Code? Read More »
Sirajudheen vs. Zeenath & Ors. [Civil Appeal No. 1491 of 2023] What is the true test to allow additional evidence at the appellate stage? RELEVANT PARAGRAPH 9.3. In the case of Sanjay Kumar Singh (supra) relied upon by the learned counsel for the respondent No. 1, this Court has observed as under:- 7. It is
What is the true test to allow additional evidence at the appellate stage? Read More »
Shah Newaz Khan & Ors. vs. State of Nagaland & Ors. [Civil Appeal No. 1497/2023] Whether a common High Court for two states order inter-state transfer cases from one to another jurisdictional district? – Yes RELEVANT PARAGRAPH 3. Shortly put, the issue is: Is the Supreme Court the sole repository of power in terms of
Whether a common High Court make inter-state transfers of cases? Read More »
Sanwarlal Agrawal & Ors. vs. Ashok Kumar Kothari & Ors. [Civil Appeal No (s). 1312-1313 of 2023] Court executing a decree cannot go behind the decree RELEVANT PARAGRAPH 15. This Court has time and again cautioned against the Execution Court adopting such an approach. In Topanmal Chhotamal v. Kundomal Gangaram, AIR 1960 SC 388 a
Court executing a decree cannot go behind the decree Read More »
Gas Point Petroleum India Limited vs. Rajendra Marothi & Ors. [Civil Appeal No. 619 of 2023] Whether nonÂcompliance with provisions of Order 21 Rule 84 and Order 21 Rule 85 vitiate sale? RELEVANT PARAGRAPH 8.2 The decision of this Court in the case of Manilal Mohanlal Shah (supra) fell for consideration before this Court in
The Bar Council of India does not permit solicitation of work and advertising by legal practitioners and advocates. By accessing the Litigating Hand website (our website), the user acknowledges that:
