Conditional Gifts Are Incomplete Until Conditions Are Complied With; Such Gift Deeds Can Be Cancelled By The Donor: SC [Read Judgment]

‘A conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of the donor. When a gift is incomplete and title remains with the donor the deed of gift might be cancelled.’The Supreme Court has held that a conditional gift only becomes complete on compliance...

Suit For Mere Injunction Not Maintainable When Defendant Can Successfully Raise Cloud Over Plaintiff’s Title: SC [Read Judgment]

‘A suit for mere injunction does not lie only when the defendant raises a genuine dispute with regard to title and when he raises a cloud over the title of the plaintiff.’The Supreme Court has reiterated that a suit for bare injunction would not be maintainable when a defendant could successfully raise cloud over the title of the plaintiff.The Jharkhand State Housing Board had approached...

SC Explains When Doctrine Of Res Judicata As Between Co-Defendants Can Be Applied [Read Judgment]

The Supreme Court has reiterated that the following four conditions are required to be satisfied while considering the applicability of the doctrine of res judicata as between co-defendants: There must be a conflict of interest between the defendants concerned; It must be necessary to decide the conflict in order to give the reliefs which the plaintiff claims; The question between the...

Tenant Can’t Be Evicted On The Ground Of ‘Change Of User’ If There Is No Negative Covenant In The Lease Agreement Restricting User Of Premises For Any Other Purpose: SC [Read Judgment]

The Supreme Court has held that in the absence of any negative covenant in the lease agreement restricting the tenant to run business only relating to the purpose for which the premises were let out, the use of the lease premises for other purposes does not amount to ‘user for the purpose other than for which the premises was leased’.In this case, Ravi Chand Mangla vs. Dimpal Solania, one...

Principle Of ‘Moulding Of Relief’ Can’t Be Invoked At Interlocutory Stage: SC [Read Judgment]

[Interim Mandatory Injunctions] can be granted only to restore the status quo and not to establish a new set of things differing from the state which existed at the date when the suit was instituted.The Supreme Court has observed that principle of moulding of relief could at best be resorted to at the time of consideration of final relief in the main suit and not at an interlocutory...

Mere Oral Evidence Of Production Of Contraband Before Magistrate Won’t Suffice For Conviction In NDPS Case: SC [Read Judgment]

The Supreme Court on Tuesday restored a trial court order that acquitted an accused in an NDPS case, on the ground that the oral evidence adduced that the contraband was produced before the magistrate cannot form the basis to record the conviction, in the absence of the order of the magistrate to that effect.The bench comprising Justice Ranjan Gogoi, Justice R Banumathi and Justice Navin...

Acceptance Of Bribe Can Be Presumed If Accused Fails To Give Satisfactory Explanation For Possessing Bribe Money: SC [Read Judgment]

‘Since it is established that the accused was possessing the bribe money, it was for them to explain that how the bribe money has been received by them and if he fails to offer any satisfactory explanation, it will be presumed that he has accepted the bribe.’Interpreting Section 20 of the Prevention of Corruption Act, the Supreme Court in State of Gujarat vs. Navinbhai Chandrakant Joshi,...

Eye Witnesses’ Evidence Can’t Be Doubted On The Ground That They Made No Attempts To Save The Deceased: SC [Read Judgment]

‘On witnessing a crime, each person reacts in his own way and their evidence cannot be doubted on the ground that the witness has not acted in a particular manner.’While affirming conviction in a murder case, the Supreme Court in Motiram Padu Joshi v. State Of Maharashtra, reiterated that evidence of the eye witnesses cannot be doubted on the ground that they did not intervene in the...

Failure To Determine Blood Group Of Accused From Sample Collected From The Scene Not Enough To Acquit Him: SC [Read Judgment]

The Supreme Court on Wednesday asserted that mere non-determination of blood group from the sample obtained from the scene of crime would not be sufficient to acquit an accused.The bench comprising Justice L. Nageswara Rao and Justice Mohan M. Shantanagoudar relied on the judgment passed by the Apex Court in the case of State of Rajasthan v. Teja Ram, wherein it was held that non-determination...

Plea of Insanity Has To Be Established By Accused Only On Preponderance Of Probability, Reiterates SC [Read Judgment]

‘The accused has only to establish his defence on a preponderance of probability, after which the onus shall shift on the prosecution to establish the inapplicability of the exception.’The Supreme Court in Devidas Loka Rathod v. State of Maharashtra has reiterated that the onus on the accused, who takes a plea of insanity, is not as stringent as on the prosecution to be established...

Dishonour Of Cheque-Presumption U/S 139 Of NI Act Can’t Be Rebutted By Mere Denial: SC Reiterates [Read Judgment]

The Supreme Court on Monday reiterated that mere denial of a debt or liability cannot shift the burden of proof from the accused in a case of dishounor of the cheque.A bench of Justice A K Sikri and Justice Ashok Bhushan once again made it clear that Section 139 of the Negotiable Instruments Act, 1881, provides for drawing the presumption in favour of holder and a bare denial of the passing...

Elephant Tusk Is Govt Property & Presumption Under Sec. 69 Of Kerala Forest Act Is Attracted: SC [Read Order]

Whether it is a forest produce or not under Section 2(f) of the 1961 Act, is immaterial, the bench said.The Supreme Court, in Wild Life Warden v Komarrikkal Elias, has held that elephant tusk is a property of the Government and presumption under Section 69 of the Kerala Forest Act is attracted, whether or not it is a forest property.In this case, the Assistant Wild Life Warden’s order...