Summary: SC deprecates malpractices where the welfare legislations are misused/abused by beneficiaries for personal advantage, thereby defeating the very objective of such policies and observed (while upholding dismissal of a suit): Suit was filed maliciously in order to grab the entire allotment and also the house constructed with the joint income of the three brothers
Revenue Records – Revenue records are not documents of title; and nor would any findings pursuant to revenue proceedings under the Code confer any rights, title or interest – Questions of title can only be determined by a civil court of competent jurisdiction. Code Of Criminal Procedure, 1973; Section 482 – Principles governing the exercise …
Central Goods and Services Tax Act, 2017; Section 157 – Good Faith Clause – SC expunged the Gujarat HC observation that the protection contemplated under section 157 of the GST Act, which is in the nature of a good faith clause, “may not” be available to the officers of the State- A good faith clause, …
Consumer Protection Act, 1986 – Commercial disputes cannot be decided in summary proceeding under the 1986 Act [In this case, complainant was for deriving benefit by getting an interest on the same at the rate of 18 % per annum, therefore, it would be an investment for profit/gain] Partnership – Legal heirs of a deceased …
Annapurna B Uppin vs Malsiddappa 2024 INSC 276 – Consumer – Partnership Read More »
Summary: Petitions disposed making the interim order dated 7th April, 2021 absolute, however, with a rider that the petitioners would not only maintain proper and complete statement of accounts but would also get the same audited by a Chartered Accountant and provide quarterly statements of the same to the Investigating Officer or to the Trial …
Operation Mobiliization India vs State Of Telangana 2024 INSC 275 Read More »
Summary: Appellant Husband moved application for subjecting himself to undergo potentiality test and at the same time referring the wife for fertility test and psychological/mental health test for both the parties and the same was allowed by the Trial Court – High Court allowed revision petition filed by wife and set aside entire order – …
Summary: An application was made by the appellant to the Delhi Development Authority( ‘DDA’) for a grant of permission to mortgage the said plots in favour of the Industrial Finance Corporation of India – DDA demanded an unearned increase value of Rs.2,13,59,511.20. Being aggrieved by the said demand, representations were made by the appellant which …
Criminal Trial – Precisely a day before the evidence of Prosecution Witnesses before the Trial Court, they were called to the Police Station and were taught to depose in a particular manner. One can reasonably imagine the effect of “teaching” the witnesses inside a Police Station. This is a blatant act by the police to …
Summary: Bail granted to accused cancelled.
Unlawful Activities (Prevention) Act, 1967; Section 15 – Sub-section (1) of Section 15 refers to certain acts which would constitute a terrorist act but the first part of sub-section (1) of Section 15 cannot be read in isolation. In our reading of the said provision of the statute, to qualify for being a terrorist act, …