Category: Civil
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 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).
Do Movie Trailers Create Binding Promises? SC Explains: Yash Raj Films
The Court emphasized that a promotional trailer is an advertisement, intended to allure and entice potential viewers rather than constitute a binding promise regarding the content of the film. The Court further clarified that creative freedom in advertisements for films must be preserved (paras 13-19).
Is a Compromise Decree Valid Despite Delays? SC Explains!
The Court held that the High Court erred in declaring the decree void based on incorrect assumptions about joint ownership and procedural verification of the compromise. The Executing Court’s order dismissing objections was justified (paras 9-10, 14).
