Category: Supreme Court
Life Imprisonment Affirmed for Unlawful Assembly Leading to Murder
Key Judicial Interpretation: The court held that minor inconsistencies in eyewitness testimonies do not discredit their overall credibility if the testimonies are largely consistent and [more…]
Is Personal Testimony Crucial in Specific Performance? SC Explains!
The Court held that the agreement to sell was void as it was not executed by all co-owners and the plaintiff’s non-appearance in the witness box undermined his case for specific performance of the contract (paras 6-7).
Is Possession Key for Hindu Female Ownership? SC Explains!
The Court held that the lack of possession by Smt. Nandkanwarbai or her adopted son, Kailash Chand, meant they could not claim ownership under Section 14(1) of the Hindu Succession Act, rendering the Revenue suit for partition unsustainable (paras 26-27).
Can Rajasthan State Collect Stamp Duty on Insurance Policies? SC Explains!
The Court emphasized that while only the Parliament can prescribe the rate of stamp duty on insurance policies under Entry 91 of List I, the states have the power to impose and collect the duty as per the rate prescribed by Parliament (paras 9-19).
SC: All Parties Must Be Heard in ‘Minutes of Order’ Cases
The Supreme Court clarified that the practice of passing orders based on “Minutes of Order” requires careful consideration to ensure all necessary parties are impleaded and that such orders are lawful (paras 16-20).
Is a Trial Necessary in Land Forgery Conspiracies? SC Explains!
The Court held that dismissing the case at a preliminary stage would undermine the integrity of ongoing investigations and judicial processes, particularly in complex fraud cases involving public assets (para 8).
Is Delay in Filing Change Reports Curable? SC Explains!
The Court held that a hypertechnical approach to delay in filing Change Reports is unwarranted, as such delays are curable and do not automatically impact the changes in the trust’s administration (paras 25-26).
Are Security Deposits Financial Debts Under IBC? SC Explains!
The Court emphasized that the real nature of transactions must be examined to determine whether a debt is financial or operational. The security deposits in this case were deemed to have the commercial effect of borrowing, qualifying them as financial debts (paras 14-18).
Is Compensation for Medical Negligence Adequate? SC Explains!
The Court held that the reduction of compensation by the State Commission and the NCDRC was unjustified, given the recognized deficiencies in post-operative care and the prolonged suffering of the appellant. The original award by the District Forum was deemed appropriate (paras 14-16).
