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Supreme Court Judgments

IV (2009) SLT 88 PRACTICE AND PROCEDURE - Party is not prohibited from claiming different or alternative reliefs/pleas available in law.

IV (2009) SLT 72 PROBATE/LETTERS OF ADMINISTRATION - Limitation - Art. 137 of Limitation Act is clearly applicable to petition for grant of Letters of Administration.

IV (2009) SLT 85 SERVICE LAW - Senior cannot be paid lesser salary than his junior.

IV (2009) SLT 47 CONTRACT - Time essence of contract - Mere expression of stipulated time would not make time an essence of contract.

IV (2009) SLT 35 INSURANCE - Proposal form - Document like proposal form is a commercial document and being an integral part of policy, reference to proposal form may not only be appropriate, but rather essential.

IV (2009) SLT 41 RAPE - Complete penetration should not be necessary.

IV (2009) SLT 41 Delay in lodging FIR in a case of this nature is a normal phenomenon.

IV (2009) SLT 64 SERVICE LAW - It is mandatory that an employee is required to route through all his applications to higher ups through the head of the department, where he or she is working.

IV (2009) SLT 24 DISQUALIFICATION OF MEMBER OF HOUSE - Question relating to disqualification of member of house under Tenth Schedule has to be decided by Speaker and none else

IV (2009) SLT 1 LABOUR LAW - "Badli Worker" - Protection under Industrial Disputes Act does not arise for Badli worker and Labour Court should not have adjudicate dispute.

IV (2009) SLT 17 PREVENTION OF CORRUPTION ACT - Section 20 - Once it is proved that money was recovered from possession of accused, the burden of presumption shifts upon accused which can be rebutted by accused.

IV (2009) SLT 32 PREVENTION OF CORRUPTION ACT - Investigation - Irregularity and illegality in course of collection of evidence can hardly be considered by itself to affect of trial by competent Court of offence so investigated.

III (2009) SLT 777 CONTEMPT OF COURT - The Supreme Court being a Court of record can punish a person for civil contempt if it is found that he has wilfully disobeyed any judgment, etc. or violated undertaking given to Court.

III (2009) SLT 777 Evidence - Zerox copies of newspaper in which contents of speech have been published cannot be relied upon because non-filing of affidavit of those who heard the speech

III (2009) SLT 748 CASTE CERTIFICATE - Merely because a person was described as being a Christian in service records did not mean that he was actually a person professing Christian religion.

III (2009) SLT 744 RAPE - Sentence - Court has discretion to impose a sentence of imprisonment less than prescribed minimum for 'adequate and special reasons'. SERVICE LAW - A person has no legal right to be appointed only because his name appears in select list.

III (2009) SLT 711 CONSTITUTION OF INDIA - Article 227 - Under Art. 227 High Court does not issue a writ of certiorari and such power not to be exercised to correct a mistake of fact and of law.

III (2009) SLT 721 SERVICE LAW - Benefit of revised pay scale should be extended only from date of promotion.

III (2009) SLT 615 MOTOR ACCIDENT CLAIMS - Multiplier specified in second schedule may not be decisive for calculating compensation in cases of death.

III (2009) SLT 655 EVIDENCE - If witness is not capable in giving evidence by appearing in Court, prosecution may file application for cross-examination through Commissioner and Commissioner would consider whether he is capable of deposing before him or not.

III (2009) SLT 637 SERVICE LAW - Public employment must be offered to a person who is entitled therefor.

III (2009) SLT 643 STAMP ACT - Section 47A - Under valued instrument - Sub-registrar is first required to register a document and then make a reference under Section 47A, if deemed fit and proper.

III (2009) SLT 615 MOTOR ACCIDENT CLAIMS - Multiplier specified in second schedule may not be decisive for calculating compensation in cases of death.

III (2009) SLT 655 EVIDENCE - If witness is not capable in giving evidence by appearing in Court, prosecution may file application for cross-examination through Commissioner and Commissioner would consider whether he is capable of deposing before him or not.

III (2009) SLT 637 SERVICE LAW - Public employment must be offered to a person who is entitled therefor.

III (2009) SLT 643 STAMP ACT - Section 47A - Under valued instrument - Sub-registrar is first required to register a document and then make a reference under Section 47A, if deemed fit and proper.

III (2009) SLT 596 COMPULSORY RETIREMENT - Judicial Review - Order of compulsory retirement being not penal in nature can be subject to judicial review.

III (2009) SLT 596 Order of compulsory retirement found to be stigmatic if employer has lost confidence.

III (2009) SLT 586 DRIVING LICENCE - Tenure of licence could not have exceeded to three years if it had been granted for transport vehicle.

III (2009) SLT 586 PRESUMPTION - Driving Licence - Licence granted for 20 years, a presumption, therefore, arise that it was meant for purpose of vehicle other than transport vehicle. 65

III (2009) SLT 553 CONTEMPT OF COURT - Direction cannot be issued in contempt proceeding without arriving at a finding as to how contemnor can be said to have flouted order.

III (2009) SLT 553 If two views are possible, a contempt petition would not lie.

III (2009) SLT 569 EVIDENCE - Dying Declaration - Credibility - Person who recorded dying declaration must be satisfied that deceased was in a fit state of mind.

III (2009) SLT 527 CRIMINAL PROCEDURE CODE - Section 133 - "Public Nuisance" - A Lawful and necessary trade ought not to be interfered with unless it is proved to be injurious to health or physical comfort of community.

III (2009) SLT 539 FRAUD - Suppression of material document would amount to fraud on Court.

III (2009) SLT 531 LAND ACQUISITION - Market Value - Prices fetched for small plots cannot form safe bases for valuation of large tracts of land as two are not comparable properties.

III (2009) SLT 486 COLOURABLE EXERCISE OF POWER - If possession of property by exercise of dominion thereupon is continued indefinitely, it would amount to colourable exercise of or fraud on power and nothing but a back door expropriation of property.

III (2009) SLT 493 SCHEDULED CASTES AND SCHEDULED TRIBES ACT - Quashing of Investigation - Investigation of offence under IPC made by competent officer in accordance with provision of Cr.P.C. cannot be quashed for non investigation of offence under Section 3 of Scheduled Castes and Scheduled Tribes Act by competent police officer.

III (2009) SLT 496 SERVICE LAW - Every public employer is duty bound to notify vacancies to concerned Employment Exchange.

III (2009) SLT 471 ATTESTATION OF WILL - It means signing a document for purpose of testifying of signatures of executant.

III (2009) SLT 452 LEGITIMACY OF CHILD - Adultery on part of wife will not justify finding of illegitimacy if husband has had access. - - Presumption of legitimacy arises from birth in wedlock and not from conception.

III (2009) SLT 452 PRACTICE AND PROCEDURE - Objection as to admissibility and mode of proof of document must be taken at trial before it is received in evidence and marked as an exhibit.

III (2009) SLT 471 WILL - Attesting witness should speak not only about testator's signature or affixing his mark to Will but also that each of witnesses had signed Will in presenceof testator.

III (2009) SLT 447 CIVIL PROCEDURE CODE - Section 92 - Suit by corporation which is also a statutory corporation was maintainable if provision of Section 92 of CPC were not attracted.

III (2009) SLT 430 EVIDENCE ACT - Section 27 - If by reason of statements made by an accused some facts have been discovered, same would be admissible against the person who made statement.

III (2009) SLT 411 RAGGING - In such case police shall be informed and criminal law set into motion.

III (2009) SLT 384 AMENDMENT OF PLEADINGS - Amendment should not be allowed where a party to suit would resile from admission made by him in same proceedings at earlier stage.

III (2009) SLT 399 CRIMINAL PROCEDURE CODE - Section 245(2) - Magistrate has power of discharging accused at any previous stage of case, i.e. even before such evidence is led.

III (2009) SLT 349 AMENDMENT OF LAW - Whether amendment is prospective or retrospective in nature, will depend upon its construction.

III (2009) SLT 339 CRIMINAL TRIAL - Murder - Recovery of weapon and opinion of expert that bullet found in body of deceased fired from weapon seized cannot be the sole premise of conviction under Section 302, IPC.

III (2009) SLT 365 EVIDENCE - Judgment of a Criminal Court shall not be admissible in civil suit.

III (2009) SLT 365 LIMITATION - Recovery of 'pledged ornaments' - Period of limitation is three years from date of refusal after demand.

III (2009) SLT 312 CIVIL PROCEDURE CODE - Order 13 Rule 8 - Civil Court be entitled to substitute the original document by a certified copy.

III (2009) SLT 317 CONDONATION OF DELAY - Different considerations arise in condonation of delay in filing applications for setting aside abatement upon condonation of delay in suit and appeal

III (2009) SLT 282 DYING DECLARATION - Corroboration is required in event of suspicion as regards connectness or otherwise of dying declaration. - - Inconsistency between two dying declarations - Court should apply rule of caution and consistent part can be taken note of.

III (2009) SLT 300 MOTOR VEHICLES ACT - Section 166 - Only an Act Policy was taken in respect of motor vehicle.

III (2009) SLT 292 SECOND APPEAL - High Court has bounden duty and obligation to formulate substantial question of law and then only to proceed with case to decide those question of law.

III (2009) SLT 268 CIVIL PROCEDURE CODE - Order 41 Rule 4 - Appellate Court finds merit in appeal at instance of one of respondents may set aside entire judgment although another respondent had not appealed thereagainst.

III (2009) SLT 242 CRIMINAL TRIAL - Non explanation of injury on accused person shall not in all cases vitiate prosecution case.

III (2009) SLT 242 FIR - Delay of few hours in lodging FIR does not vitiate prosecution case, but consistent with human conduct.

III (2009) SLT 227 PRINCIPLE OF CONSTRUCTION OF CONTRACT - If terms applied by one party are unclear, an interpretation against that party is preferred.

III (2009) SLT 194 ADVERSE POSSESSION - Pleading and Proof of animus possidendi is necessary.

III (2009) SLT 201 CRIMINAL TRIAL - Infirmity of lacunae in prosecution cannot be cured by false defence or plea.

III (2009) SLT 209 DOCUMENT - A registered document carries a presumption that it was executed in accordance with law.

III (2009) SLT 201 PROTECTION TO WITNESSES - In a case of gruesome murder, police protection should be given to witnesses.

III (2009) SLT 220 RIGHT OF PRIVATE DEFENCE - Accused need not prove existence of right of private defence beyond reasonable doubt.

III (2009) SLT 209 SECOND APPEAL - High Court can interfere with concurrent findings of two Courts if any substantial question of law arises for its consideration.

III (2009) SLT 161 COMPOUNDING OF OFFENCES - In violation of statutory provisions except in some marginal cases, Court shall not allow composition of offence.

III (2009) SLT 170 DOCUMENT - When a true character of document is questioned, extrinsic evidence by way of oral evidence is admissible.

III (2009) SLT 170 EVIDENCE - Court in considering as to whether deposition of a witness and/or a party is truthful or not may consider his conduct.

III (2009) SLT 161 INQUEST REPORT - Not prepared for purposes of corroborating prosecution case and mentioning the name of accused in inquest report also not necessary.

III (2009) SLT 170 POSSESSION - Right of possession over a property is a facet of title.

III (2009) SLT 184 SERVICE LAW - Reservation - Persons appointed against reserved vacancies after reservation was provided, and persons appointed before introduction of reservation, clearly belong to different classes.

III (2009) SLT 155 AUCTION - Court Auction Sale - Sale in favour of Bona fide purchaser, who is stranger to Court proceedings, is protected and he cannot be asked to restitute property to judgment debtor if decree is set aside.

III (2009) SLT 129 INDIAN PENAL CODE - Section 34 - In spite of acquittal of one co-accused it is open to Court to convict other accused on basis of joint liability.

III (2009) SLT 137 PRINCIPLE OF LAW - Subordinate Legislation validly made becomes a part of Act.

III (2009) SLT 77 INDIAN PENAL CODE - Section 304 Part I - Merely because single blow was given that does not automatically bring in application of Section 304 Part I, IPC.

III (2009) SLT 87 PRINCIPLES OF NATURAL JUSTICE - Natural justice is essence of fair adjudication, deeply rooted in tradition and conscience, to be ranked as fundamental.

III (2009) SLT 93 SERVICE LAW - Select List would ordinarily remain valid for one year.

III (2009) SLT 77 INDIAN PENAL CODE - Section 304 Part I - Merely because single blow was given that does not automatically bring in application of Section 304 Part I, IPC.

III (2009) SLT 87 PRINCIPLES OF NATURAL JUSTICE - Natural justice is essence of fair adjudication, deeply rooted in tradition and conscience, to be ranked as fundamental.

III (2009) SLT 93 SERVICE LAW - Select List would ordinarily remain valid for one year.

III (2009) SLT 52 FRAUD - Suppression of document may amount to fraud on Court, and vitiates all solemn acts.

III (2009) SLT 40 LAND ACQUISITION - Interest - High Court in exercise of writ jurisdiction cannot direct to pay interest in a manner not contemplated by Section 28 or Section 34 of Land Acquisition Act.

III (2009) SLT 5 APPEAL - No appeal lies against a mere finding.

III (2009) SLT 2 CORRUPTION - When part of prosecution version relating to demand and acceptance of bribe is not acceptable, whole case would not fail.

III (2009) SLT 5 INHERENT POWERS OF HIGH COURT - If High Court had jurisdiction to entertain either appeal or revision or writ petition, subject to fulfilment of other conditions, it could even convert revision or writ petition into appeal or vice versa.

III (2009) SLT 23 INVESTIGATION - Manner and method of conducting investigation are left entirely to Police and Magistrate has no power to interfere with same.

III (2009) SLT 5 PRINCIPLE OF LAW - Disposal of cases by blindly placing reliance on a decision is not proper.

II (2009) SLT 798 CIVIL PROCEDURE CODE - Order 40 Rule 1 - Appointment of Receiver pending suit is a matter within discretionary jurisdiction of Court.

II (2009) SLT 793 CONSUMER PROTECTION ACT - Section 24A - Forum requires to see before admitting complaint, that it has been filed within two years from date of accrual of cause of action.

II (2009) SLT 807 EVIDENCE LAW - Judgment - If judgment of Civil Court is not binding on Criminal Court, judgment of Criminal Court will certainly not be binding on Civil Court.

II (2009) SLT 807 CRIMINAL PROCEEDINGS VIS-A-VIS CIVIL PROCEEDINGS - Ordinarily criminal proceeding will have primacy over civil proceeding.

II (2009) SLT 789 TRANSFER OF PROPERTY ACT - Section 54 - Payment of entire price is not a condition precedent for completion of sale by passing of title.

II (2009) SLT 761 APPEAL AGAINST ACQUITTAL - High Court has full power to reappreciate, review and reconsider evidence at large, and to reach its own conclusions on such evidence.

II (2009) SLT 761 CRIMINAL LAW - Reasonable doubts - To constitute reasonable doubt, it must be free from an overemotional response.

II (2009) SLT 777 ELECTION LAW - "Corrupt Practice" - False accusation relating to personal character or conduct of any candidate calculated to prejudice prospect of his election would amount to corrupt practice.

II (2009) SLT 777 - - Election Petition - Corrupt practice - Standard of proof is like that in criminal case i.e. allegation must be proved beyond reasonable doubt.

II (2009) SLT 759 JUDICIAL SERVICES - Dismissal of Civil Judge - Learned Judge who was a part of Disciplinary Committee which suggested Civil Judge's dismissal should not have later heard matter on judicial side.

II (2009) SLT 728 ARBITRATION LAW - Reasonableness of reasons given by Arbitrators cannot be gone into by Court.

II (2009) SLT 736 CONSUMER LAW - Auction purchaser is not a consumer and grievance by purchaser will not give rise to complaint or consumer dispute.

II (2009) SLT 717 LIMITATION - Suit for cancellation of transaction being void or voidable to be filed within period of 3 years from date of knowledge of transaction.

II (2009) SLT 711 PARTNERSHIP FIRM - Partners of firm are co-owners of property of firm.

II (2009) SLT 711 PARTNERSHIP ACT - Section 69(2A) (as amended by Maharashtra Amendment 1984) - Effect of non-registration - Section 69(2A) clearly violates Articles 14, 19(1)(g) and 300A of Constitution - It is ultra vires and hence declared unconstitutional.

II (2009) SLT 698 SECOND APPEAL - High Court in second appeal cannot substitute its own findings on reappreciation of evidence on ground that another view was possible.

IX (2008) SLT 100 (SC)
TADA - Confession - Burden to prove - Initial burden is on prosecution to prove confession is voluntary then it shifts on accused to prove same was not made voluntarily.

IX (2008) SLT 100 (SC) TADA - Confession - Confession made before Superintendent of Police is admissible for convicting accused or co-accused for offence under other enactments in same case.

IX (2008) SLT 100 (SC) TADA - Confession cannot be rejected on ground that at relevant time accused was in police custody.

IX (2008) SLT 87 (SC) SERVICE LAW - Person who has resigned from service is not entitled to benefit of revision of pay scale with retrospective effect.

IX (2008) SLT 80 (SC) SERVICE LAW - Burden of proof that workman had not been gainfully employed after termination of his service is on workman.

IX (2008) SLT 73 (SC) DISHONOUR OF CHEQUE - Complaint - Public servant signing and presenting complaint in discharge of his official duties on behalf of corporation is exempted from personal appearing before Court.

IX (2008) SLT 72 (SC) WRIT JURISDICTION - As alternative remedy available to aggrieved party against an order but it was open to such party to move writ application, Court empowered to entertain some if there is violation of principle of natural justice.

IX (2008) SLT 65 (SC) WRIT JURISDICTION - Disputed questions concerning title of land cannot be decided in writ proceeding.

IX (2008) SLT 52 (SC) SERVICE LAW - If appointment is made to temporary post, there can be no permanent appointment therein.

IX (2008) SLT 32 (SC) PROBATE OF WILL - Testamentary Court can enforce only terms of Will and not agreement by and between executor and third party.

IX (2008) SLT 25 (SC) NDPS - When prosecution failed to show that seized substance contained any narcotic or psychotropic substance, question of reliance on confession of accused does not arise at all.

IX (2008) SLT 16 (SC) COMPANY LAW - Director is a controller of Company's affairs and is not a mere employee or servant of company.

VIII (2008) SLT 793 (SC) SERVICE LAW - Fixation of pay scale is executive function and scope of interference in exercise of judicial review limited.

VIII (2008) SLT 788 INSANITY - Mere absence of motive for a crime, howsoever atrocious it may be, cannot in the absence of plea and proof of legal insanity, bring the case within Section 84, IPC.

VIII (2008) SLT 777 (SC) SERVICE LAW - Selection made by board cannot be set aside without recording reasons.

VIII (2008) SLT 770 (SC) PLEADINGS - Agreement sham and bogus to be specifically pleaded.

VIII (2008) SLT 770 LABOUR LAW - Contract labour - Concept of equal pay for equal work is not applicable.

VIII (2008) SLT 770 (SC) LABOUR LAW - Reference - Scope of judicial review is very limited.

VIII (2008) SLT 746 (SC) ANTICIPATORY BAIL - Direction to issue 10 days prior notice before arrest is unknown to law - Respondents summoned under Section 108, Customs Act to give evidence and produce documents.

VIII (2008) SLT 746 (SC) ANTICIPATORY BAIL - Grant of - Power extraordinary in character to be exercised in exceptional cases

VIII (2008) SLT 695 (SC) INDIAN PENAL CODE - Section 34 - Section is only rule of evidence and does not create substantive offence.

VIII (2008) SLT 695 (SC) DOCTRINE OF LEGITIMATE EXPECTATION - Can not be invoked for absorption of all company paid staff with consequential benefits or for nullifying policy decision taken by Government to gradually reduce direct recruitment quota.

VIII (2008) SLT 688 (SC) MATRIMONIAL LAW - Wife entitled to get medical expenses from her husband.

VIII (2008) SLT 670 (SC) MOTOR VEHICLES - Liability of Insurance Company - Driver of vehicle was minor not having valid and effective driving licence - Insurance Company not liable to compensation.

VIII (2008) SLT 659 (SC) RENT CONTROL AND EVICTION LAWS - Bona Fide Requirement - Determination of Tenancy - Notice of eviction to tenant before initiating proceedings under Clause 13(3) of Rent Control Order - Not mandatory requirement.

VIII (2008) SLT 659 (SC) RENT CONTROL AND EVICTION LAWS - Bona Fide Requirement - Bona fide requirement of landlord to be seen on date of petition and subsequent events intervening due to protracted litigation will not be relevant.

VIII (2008) SLT 651 (SC) EDUCATION - Malpractice in examination - Slip of paper found in possession of examiner pertained to examination paper in question - Examinee is guilty of malpractice - Whether examinee actually used that slip or not is irrelevant.

VIII (2008) SLT 643 (SC) JUVENILES - Determination - Proper inquiry to be made by Board.

VIII (2008) SLT 633 (SC) ARBITRATION LAW - Appointment of Arbitrator - Appointing Authority appointed no Arbitrator within time prescribed (i.e. 30 days) - Right to appoint any arbitrator lost for settling disputes under agreement.

VIII (2008) SLT 633 (SC) ARBITRATION LAW - Appointment of Arbitrator - Test of impartiality and independence to be satisfied.

VIII (2008) SLT 627 (SC) MORTGAGE - Foreclosure - Order permitting foreclosure can be passed only upon ascertaining nature of mortgage and rights of parties thereunder.

VIII (2008) SLT 627 (SC) LEGAL RIGHT - Waiver - Legal right can be waived.

VIII (2008) SLT 623 (SC) SUSPENSION OF CONVICTION - Appropriate reasons to be recorded.

VIII (2008) SLT 617 (SC) MUNICIPALITIES - Act of demolition of structure during pendency of suit is arbitrary.

VIII (2008) SLT 610 (SC) LABOUR LAW - Part-time worker would be covered within definition of 'workman' and entitled to benefit of continuous service and retrenchment.

VIII (2008) SLT 600 (SC) CROSS-EXAMINATION OF WITNESS - Witness summoned by Court could not be termed as witness of any particular party, Court should give right of cross-examination to complainant.

VIII (2008) SLT 594 (SC) SERVICE LAW - Defect in application form that renders candidate ineligible might be overlooked in initial screening and he may be called for interview and get chance to take part in selection process.

VIII (2008) SLT 590 (SC) RECOVERY OF AMOUNT - Summary suit - Deposit of any admitted amount is now a condition precedent for grant of leave to defend suit.

VIII (2008) SLT 582 (SC) FRAMING OF CHARGE - Court can look into material produced by defence at the time of framing of charges in very rare cases.

VIII (2008) SLT 575 (SC) LIMITATION - Limitation Act does not provide for a different period to Government in filing appeals or applications.

VIII (2008) SLT 564 (SC) DOCTRINE OF EQUALITY - Treating of unequals as equals would offend doctrine of equality

VIII (2008) SLT 531 (SC) POTA - Withdrawal of prosecution - Recording of review committee that no prima facie case made out - Proceedings shall be deemed to be withdrawn consent under Section 321, Cr.P.C. not required.

VIII (2008) SLT 531 (SC) POTA - Sections 2(3) and 2(5) of Prevention of Terrorism (Repeal) Act, 2004 valid.

VIII (2008) SLT 531 (SC) JUDICIAL REVIEW - Where judicial review is curbed or outrightly removed, Court may review constitutional validity of such an action.

VIII (2008) SLT 509 (SC) INTERPRETATION OF STATUTES - While interpreting provision Court only interprets law and cannot legislate it.

VIII (2008) SLT 509 (SC) CENTRAL EXCISE - Mens rea is not essential for imposing penalty.

VIII (2008) SLT 509 (SC) LEVY OF PENALTY - No scope for levying penalty below prescribed minimum.

VIII (2008) SLT 506 (SC) CENTRAL EXCISE - Circulars which are contrary to statutory provisions have no existence in law.

VIII (2008) SLT 498 (SC) PRINCIPLE OF PARITY - When two other accused are acquitted (by giving benefit of doubt), third one may not be given same benefit of doubt.