Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 956 - 978) [November 14 – 20, 2022]

Buildings (Lease, Rent and Eviction) Control Act, 1960 (Andhra Pradesh); Section 10 - Bonafide requirement - The landlord was carrying on business and that he had children for whom he wanted to set-up a business - Rent Control Appellate Authority passed Eviction Order -Andhra Pradesh HC, while allowing Revision Petition observed that the eldest son of the Landlord was still pursuing studies and therefore the requirement of the land lord was not bona fide - Allowing the appeal, the SC observed: There is no bar for someone who is pursuing higher studies, to start a business. The High Court, for a moment did not realize that it was dealing with a revision, where its jurisdiction was limited. Mohammed Sadiq v. Deepak Manglani, 2022 LiveLaw (SC) 957 Civil Trial - Once a document has been admitted in evidence, such admission cannot be called in question at any stage of the suit or proceedings on the ground that the instrument has not been duly stamped. Objection as to admissibility of a document on the ground of sufficiency of stamp, has to raised when the document is tendered in evidence. Thereafter, it is not open to the parties, or even the court to reexamine the order or issue. Sirikonda Madhava Rao v. N. Hemalatha, 2022 LiveLaw (SC) 970 Code of Civil Procedure, 1908; Order VII Rule 11 - Rejection of Plaint - The case on behalf of the petitioner is that the plaintiff is not entitled to any relief in the suit. The aforesaid cannot be a ground to reject the plaint at the threshold in exercise of powers under Order 7, Rule 11 CPC. Gurdev Singh v. Harvinder Singh, 2022 LiveLaw (SC) 963 Code of Civil Procedure, 1908; Order XXI - Execution Proceedings - Execution Court must dispose of the execution proceedings within six months from the date of filing - It is duty bound to record reasons in writing when it is unable to dispose of the matter - Direction issued in Rahul S. Shah Vs. Jinendra Kumar Gandhi (2021) 6 SCC 418 is meant to be observed. Bhoj Raj Garg v. Goyal Educational and Welfare Society, 2022 LiveLaw (SC) 976 Code of Civil Procedure, 1908; Order XXII Rule 2 - When the legal representative has been brought on record in appeal though from an interlocutory order, such impleadment will enure towards the proceedings in the suit itself. (Para 11 - 12) Maringmei Acham v. M. Maringmei Khuripou, 2022 LiveLaw (SC) 958 Code of Criminal Procedure, 1973 ; Section 439(2) - Cancellation of bail cannot be ordered merely for any perceived indiscipline on the part of the accused before granting bai - The powers of cancellation of bail cannot be approached as if of disciplinary proceedings against the accused - In a case where bail has already been granted, its upsetting under Section 439(2) CrPC is envisaged only in such cases where the liberty of the accused is going to be counteracting the requirements of a proper trial of the criminal case - Unless a strong case based on any supervening event is made out, an order granting bail is not to be lightly interfered. (Para 19 - 20) Bhuri Bai v. State of Madhya Pradesh, 2022 LiveLaw (SC) 956 Code of Criminal Procedure, 1973; Section 428 - An indispensable requirement to invoke Section 428 of Cr.P.C. is that there must be a conviction. The conviction must be followed by a sentence of imprisonment. It must be for a term and it should not be imprisonment in default of payment of fine - However, for it to be invoked the existence of detention undergone by the convict during investigation, enquiry or trial in the 'same case' is indispensable. If these requirements are satisfied, the convict would be entitled to the set off for the period of detention which he has undergone. (Para 12) Vinay Prakash Singh v. Sameer Gehlaut, 2022 LiveLaw (SC) 974 Code of Criminal Procedure, 1973; Section 438 - Anticipatory Bail - SLP against order of HC that imposed anticipatory bail condition that accused will return the salary which she has received while working as a Panchayat Teacher - Allowed - Additional condition of returning the amount drawn by her as salary on appointment as Panchayat Teacher is neither justified nor required under the law while grant of pre-arrest bail to her - HC direction in not sustainable legally and hence set aside. Divya Bharti v. State of Bihar, 2022 LiveLaw (SC) 961 Code of Criminal Procedure, 1973; Section 439 - Bail - Rape accused granted bail by the High Court observing that allegations are matter of trial and there is no need of custodial trial - Even the observation that there is no need of further custodial trial is also not relevant aspect while considering the bail application under Section 439 of Cr.P.C. The same may have some relevance while considering the application for anticipatory bail - Relevant aspects which are required to be kept in mind while considering the bail application are: Seriousness of the offence alleged; material collected during the investigation;...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 956 - 978) [November 14 – 20, 2022]

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