Liberty Granted By Court To Pursue Appropriate Remedy Does Not Bar Application Of Constructive Res Judicata: SC [Read Judgment]

“These observations as contained in the order of this Court cannot be construed to mean that the respondents would be deprived of their right to set up a plea of constructive res judicata if the appellants were to raise such a claim.”

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 Shah dismissed an appeal to uphold a judgment of Delhi High Court, which had set aside an arbitration award to the extent it granted interest overlooking the prohibition in the agreement.The appellant was...

Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit: SC [Read Judgment]

"Under Section 38 of the Specific Relief Act, an injunction restraining the defendant from disturbing possession may not be granted in favour of the plaintiff unless he proves that he was in actual possession of the suit property on the date of filing of the suit."

Suit In Respect To Properties Situated In Jurisdiction Of Different Courts Can Be Instituted In One Of Those Courts: SC [Read Judgment]

"The word "portion of the property" occurring in Section 17 has to be understood in context of more than one property also, meaning thereby one property out of a lot of several properties can be treated as portion of the property as occurring in Section 17."

Revenue Record Entries Can Be Challenged On The Ground That It Was Made Fraudulently Or Surreptitiously: SC [Read Judgment]

"Although correctness of entries in the revenue records cannot be challenged but entries are open to attack on the ground that it was made fraudulently or surreptitiously."

Private Complaint Alleging Offence Under Section 193 IPC Not Maintainable: SC [Read Judgment]

"The category of offences which fall under Section 195(1)(b)(i) of the Cr.P.C. refer to the offence of giving false evidence and offences against public justice which is distinctly different from those offences under Section 195(1)(b)(ii) of Cr.P.C, where a dispute could arise whether the offence of forging a document was committed outside the court or when it was in the custody of the court."

Accused Who Did Not Appear On The Date Of Judgment Not Entitled To Seek Judgment Copy As Of Right: SC

"The present petitioner having not appeared before the Court on the date of judgment cannot as of right seek for supply of the copy of the judgment"

Irregularity In Local Commissioner's Report Not A Ground To Dismiss The Suit: SC [Read Judgment]

“We are clearly of the view that if the report of the Local Commissioner was suffering from an irregularity i.e., want of following the applicable Instructions, the proper course for the High Court was either to issue a fresh commission or to remand the matter for reconsideration but the entire suit could not have been dismissed for any irregularity on the part of Local Commissioner.”

Second Appeal: Obligatory For HC To Frame Substantial Question Of Law Even If Lower Courts' Findings Are Perverse Per Se, Rules SC

“It was obligatory, to first formulate the appropriate substantial question of law and then deal with the same, after giving an opportunity of hearing to both sides.”

Decree Passed On Plaintiff's Evidence Without Defendant's Appearance At Trial Is Ex-Parte Decree : SC [Read Judgment]

Such decree can be set aside under Order IX, Rule 13 CPC, if defendant makes out sufficient grounds.

There Cannot Be Any Legitimate Expectation Unless A Legal Obligation Exists: SC [Read Judgment]

“The legitimate expectation is not a wish or a desire or a hope, therefore, it cannot be claimed or demanded as a right.”

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship: SC [Read Judgment]

“If the parties really intended surrender their tenancy rights as contemplated in clauses (e) or (f) of Section 111 of the TP Act while entering into an agreement to sell the suit house, it would have made necessary provision to that effect by providing a specific clause in the agreement. It was, however, not done.”