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.”

When Can Appellate Court Allow Plea For Adducing Further Evidence: SC Explains [Read Judgment]

"It is clear that there are no fetters on the power under Section 391 Cr.P.C. of the Appellate Court."

'Cheque Bounce' Complaint Against Director Not Maintainable If Company Is Not Arraigned As Accused, Reiterates SC [Read Judgment]

SC quashed the complaint, but made the accused pay the entire cheque amount along with interest to the complainant

Undivided Share In Joint Family Can Be Disposed By Will As Per Sec.30 Hindu Succession Act : SC [Read Judgment]

"Section 30 of the Act, permits the disposition by way of Will of the interest of a male Hindu in a Mitakshara coparcenary property

SC Explains Difference Between Retrospective And Retroactive Statutes [Read Judgment]

"Retroactivity in the context of the statute consists application of new rule of law to an act or transaction which has been completed before the Rule was promulgated."

SC Permits Wife & Daughters Of Deceased De Facto Complainant To Compound Criminal Case [Read Order]

"Section 320 (4)(b) stipulates that when the person who would otherwise be competent to compound an offence under this Section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the consent of the Court compound the offence."

Suspicion, Howsoever Grave, Can't Substitute Proof In Criminal Trial, Reiterates SC [Read Judgment]

"Though the materials on record hold some suspicion towards them, but the prosecution has failed to elevate its case from the realm of "may be true" to the plane of "must be true" as is indispensably required in law for conviction on a criminal charge."

Writ Petition Under Article 227 Challenging Judicial Orders Are Maintainable, But Not Under Article 226: SC [Read Judgment]

"The Writ Petition under Article 227 challenging the orders passed by Civil Courts refusing to grant interim injunction under Order XXXIX, Rules 1 and 2 of the CPC could very well be maintainable."

Former Employee Not Disqualified From Acting As An Arbitrator, Even After 2015 Amendment: SC [Read Judgment]

"The word "other" used in Entry 1, would indicate a relationship other than an employee, consultant or an advisor. The word "other" cannot be used to widen the scope of the entry to include past/former employees"

Motor Accident Claims : 2018 Annual Round Up

This is a compilation of major judgments of 2018 in the field of motor accident claims compensation.Owner as per RTO records liable for accident, if transfer is not recordedIn  Naveen Kumar vs Vijay Kumar and others, the SC reiterated the legal position that it is the registered owner of the vehicle as per RTO records who is liable for accident caused by the vehicle. Therefore, even if...

Insolvency & Bankruptcy Code - 2018 Annual Round Up

The year 2018 also witnessed major changes in the field of Insolvency and Bankruptcy Code(IBC).While the year 2017 witnessed SC explaining the basic concepts of the nascent legislation, the year 2018 saw SC addressing more complex issues in relation to it.The significant decisions of 2017 were Innoventive Industries v ICICI Ltd and Mobilox Innovations Pvt Ltd v Kirusa Software...