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.”

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."