Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court

Even though the limitation period for filing a suit for specific performance of a contract is three years, the Supreme Court held that every suit for specific performance of the contract filed within the period of limitation cannot be decreed. The court noted that the three-year limitation period for filing the suit for specific performance of the contract wouldn't grant liberty to a...

Know The Law| Can There Be A Blanket Stay On Money Decree?

In cases where a money decree is being challenged, a common question that often arises is whether a blanket stay, in its execution, can be granted without requiring the judgment debtors (against whose favour the Court has decreed the suit) to deposit a part of the money decree. One such case happened recently where though the Court had decreed the suit in favour of the plaintiff;...

Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court

The Supreme Court held that wherein the plaintiff is required to prove his readiness and willingness to perform the contract, then the suit for specific performance of the contract cannot be decreed based on the deposition made by the plaintiff's power of attorney about the plaintiff's readiness and willingness to perform a contract.“We are of the view that in view of Section 12 of the...

Supreme Court Quarterly Digest On Indian Evidence Act [Jan – Mar, 2024]

Appreciation of Evidence – The High Court fails to appreciate evidence in a thorough manner and merely relied on a limited set of facts to arrive at a finding. In an appeal, as much as in a trial, appreciation of evidence essentially requires a holistic view and not a myopic view. Appreciation of evidence requires sifting and weighing of material facts against each other and a conclusion...

Supreme Court Quarterly Digest -Indian Penal Code [Jan-Mar, 2024]

Indian Penal Code, 1860 - Supreme Court Quarterly Digest 2024Section 34 & 120B – Since the foundational facts essential for constituting the substantive offences under Sections 153A and 504 IPC are not available from the admitted allegations of prosecution, the allegations qua the subsidiary offences under Sections 34 and 120B IPC would also be non est. (Para 30) Shiv Prasad Semwal v....

Principles Relating To Dying Declaration : Supreme Court Explains

The Supreme Court held that corroboration of the dying declaring statement isn't required when it inspires the confidence of the court to convict the accused. “The law relating to dying declaration is now well settled. Once a dying declaration is found to be authentic inspiring confidence of the court, then the same can be relied upon and can be the sole basis for conviction without...

Arbitrator's Power Under Section 32(2)(c) Can Be Exercised Only If Continuation Of Proceedings Has Become Unnecessary Or Impossible: Supreme Court

The Supreme Court bench of Justice Abhay S. Oka and Justice Pankaj Mithal held that the power under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996 can be exercised only if, for some reason, the continuation of proceedings has become unnecessary or impossible.The bench held that the mere existence of a reason for terminating the proceedings is not sufficient. The reason must...

Case Of Accused Under S.313 CrPC Not Suggested To Victim In Cross-Examination; Supreme Court Refuses To Set Aside Conviction In Rape Case

In a recent case concerning an offence of rape, the Supreme Court observed that the conviction can't be set aside if the accused statements recorded under Section 313 of CrPC (stating that there was a prosecutrix consent to perform sexual intercourse) are not put to use in evidence by the accused in the form of suggestion while cross-examining the prosecutrix. Taking reference to Section 313...

Supreme Court Weekly Round-Up (13 May-18 May, 2024)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing a...

As Civil Suit To Enforce Claim In Benami Property Is Barred, Criminal Proceeding By 'Real' Owner Also Impermissible: Supreme Court

In a recent decision related to the Benami Act, the Supreme Court held that the person claiming to be the owner of the Benami property cannot institute a suit/proceedings against the person in whose name the properties are held. “It is, thus, clear that the complainant (person claiming to be an owner of benami property) in spite of having made investments in the land deals which were...

'National Security Of Paramount Importance' : Supreme Court Sets Aside Bail Granted To PFI Members In UAPA Case

The Supreme Court on Wednesday (May 22) set aside the Madras High Court order granting bail to 8 men allegedly belonging to the banned Popular Front of India (PFI) charged under the Unlawful Activities Prevention Act (UAPA). The Court cancelled the bail of the persons stating that the allegations of collecting funds to commit terrorist acts against them appeared to be 'prima facie true'....

Supreme Court Quarterly Digest - Constitution Of India [Jan-Mar, 2024]

Constitution - Supreme Court Quarterly Digest 2024 Article 13 – Scope of Judicial Review in matters of economic policy – Courts must adopt a less stringent form of judicial review while adjudicating challenges to legislation and executive action which relate to economic policy as compared to laws relating to civil rights such as the freedom of speech or the freedom of religion....