Mere Inability To Repay Loan Does Not Constitute 'Cheating': SC [Read Judgment]15 Feb 2019 11:33 AM GMTThe Supreme Court, in a judgment delivered last month, observed that inability of a person to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or...
Is Amendment Of Pleadings Allowed After Commencement Of Trial? SC Explains [Read Judgment]14 Feb 2019 11:52 AM GMTThe Supreme Court, in a judgment delivered on Thursday, explained when and on what considerations an application for amendment of pleadings filed after commencement of Trial, can be allowed. The...
![Inability To Establish Motive In A Case Of Circumstantial Evidence Not Always Fatal : SC [Read Judgment]](https://www.livelaw.in/h-upload/2019/02/12/500x300_358253-justice-a-m-khanwilkar-and-k-m-joseph.jpg "Inability To Establish Motive In A Case Of Circumstantial Evidence Not Always Fatal : SC [Read Judgment]")
The inability of the prosecution to establish motive in a case of circumstantial evidence is not always fatal to the prosecution case, held the Supreme Court today.The bench of Justices A M...
'Know The Law' is a series which explains the legal principles for the beginners in the legal professionSeveral provisions in Chapter XIV of the Code of Criminal Procedure use the word...
Presumptions are devices by use of which the Courts are enabled and entitled to pronounce on an issue notwithstanding that there is no evidence or insufficient evidence. Under the Evidence Act all...
![Sec.43 TP Act - Transfer By Erroneous Representation Of Title Will Hold Good If Transferor Acquires Title Later : SC [Read Judgment]](https://www.livelaw.in/h-upload/2019/01/18/500x300_justice-nageswara-rao-mr-shah.jpg "Sec.43 TP Act - Transfer By Erroneous Representation Of Title Will Hold Good If Transferor Acquires Title Later : SC [Read Judgment]")
Applying the principle of 'feeding the grant by estoppel' under Section 43 of the Transfer of Property Act, the Supreme Court granted relief to a party, who was misled to purchase a property by...
![Section 115 CPC: Revision Petition Not Maintainable Against Interlocutory Orders, Reiterates SC [Read Judgment]](https://www.livelaw.in/h-upload/2019/01/28/500x300_justice-nariman-and-justice-vineet-saran.jpg "Section 115 CPC: Revision Petition Not Maintainable Against Interlocutory Orders, Reiterates SC [Read Judgment]")
The Supreme Court has reiterated that revision petitions filed under Section 115 of the Code of Civil Procedure are not maintainable against interlocutory orders. We are constrained to observe...
![Liberty Granted By Court To Pursue Appropriate Remedy Does Not Bar Application Of Constructive Res Judicata: SC [Read Judgment]](https://www.livelaw.in/h-upload/2019/01/28/500x300_justice-dy-chnadrachud-and-justice-hemant-gupta.jpg "Liberty Granted By Court To Pursue Appropriate Remedy Does Not Bar Application Of Constructive Res Judicata: SC [Read Judgment]")
The Supreme Court has observed that liberty granted by court to avail 'appropriate remedies' to a party does not bar application of principle of constructive res judicata when he/she invokes such a...
![Arbitral Tribunal Cannot Award Interest If Agreement Expressly Bars Its Payment: SC [Read Judgment]](https://www.livelaw.in/h-upload/2019/02/08/500x300_358158-justices-a-k-sikri-abdul-nazeer-and-m-r-shah.jpg "Arbitral Tribunal Cannot Award Interest If Agreement Expressly Bars Its Payment: SC [Read Judgment]")
The Supreme Court has reiterated that arbitrator cannot award interest on award if the agreement expressly prohibits grant of interest.The bench of Justices A K Sikri, Abdul Nazeer and M R...
![Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit: SC [Read Judgment]](https://www.livelaw.in/h-upload/2019/02/05/500x300_358073-justice-r-banumathi-and-justice-r-subhash-reddy.jpg "Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit: SC [Read Judgment]")
The Supreme Court has observed that in a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property on...
![Suit In Respect To Properties Situated In Jurisdiction Of Different Courts Can Be Instituted In One Of Those Courts: SC [Read Judgment]](https://www.livelaw.in/h-upload/2019/01/22/500x300_ashok-bhushan-km-joseph.jpg "Suit In Respect To Properties Situated In Jurisdiction Of Different Courts Can Be Instituted In One Of Those Courts: SC [Read Judgment]")
The Supreme Court has observed that, a suit in respect to immovable property or properties situate in jurisdiction of different courts may be instituted in any court within whose local limits of...
The Supreme Court has reiterated that the entries in the revenue records can be challenged on the ground that it was made fraudulently or surreptitiously. In Dharam Singh vs. Prem Singh, the...
The Supreme Court has reiterated that a private complaint alleging an offence under Section 193 IPC [False Evidence in Judicial Proceedings] is not maintainable. The bench comprising Justice AK Sikri...
The Supreme Court has observed that, an accused who did not appear before the Court on the date of judgment cannot as of right seek for supply of the copy of the judgment. The Trial Court...
The Supreme Court has observed that a civil suit could not be dismissed merely for some irregularity in the report of the Local Commissioner appointed for local investigation. In a suit filed...
The Supreme Court has observed that it is obligatory for a High Court, while considering a Second Appeal, to frame substantial question of law in second appeal even if lower courts' findings are ...
The Supreme Court has held that a decree passed after taking plaintiff's evidence, without the appearance of defendant at the trial stage, is an ex-parte decree, which could be set aside under Order...
