Supreme Court Weekly Round Up

Execution Petition Filed Without Certified Copy Of Decree Maintainable [Sir Sobha Singh And Sons Pvt. Ltd. vs. Shashi Mohan Kapur] In the appeal filed before the Supreme Court, the bench comprising Justice Abhay Manohar Sapre and Justice and Dinesh Maheshwari observed that it is not necessary to file a copy of the decree along with execution application unless the Court directs the decree holder to file a certified copy of the decree. Existence Of Commercial Relations Between Parties In Summary Suit By Itself Not A Ground For Imposing Condition To Grant Leave To Defend [Sudin Dilip Talaulikar vs. Polycap Wires Pvt. Ltd.] The Supreme Court held that existence of commercial relations between the parties in a summary suit by itself is not a ground for imposing condition to grant leave to defend. Cross Objection Should Be Disposed On Merits Notwithstanding Dismissal Of Appeal The Supreme Court observed that cross has to be disposed of on its merits by assigning reasons notwithstanding the dismissal of the appeal. While considering the appeal filed by land owners, the Apex Court bench comprising of Justice Abhay Manohar Sapre and Justice Indu Malhotra noted that the High Court had dismissed the cross objection without assigning any reason. The bench observed that it was obligatory on the part of the High Court to have independently examined the issues raised by the landowners before the High Court in the cross objection with a view to find out as to whether any case was made out on facts by the landowners for further enhancement in the compensation and, if so, to what extent. Right To Use Passage Granted In The Sale Deed Will Not Extinguish In Terms Of Section 41 Indian Easements Act [Dr. S. Kumar vs. Ramalingam] The Supreme Court has held that right to use passage granted in the sale deed will not extinguish in terms of Section 41 of the Indian Easements Act, 1882. The bench comprising Justice L. Nageswara Rao and Justice Hemant Gupta observed that grant of easement right of passage granted in the sale deed to the defendant will not be negated only because the recital is generic in nature and usually put by the deed writers. Sale With A Mere Condition Of Retransfer Is Not A Mortgage [Sopan vs. Syed Nabi] The Supreme Court reiterated that a sale with a mere condition of retransfer is not a mortgage. In this case. The bench comprising Justice R. Banumathi and Justice AS Bopanna referring to proviso to Section 58(c) of the Transfer of Property Act observed that, if the sale and agreement to repurchase are embodied in separate documents then the transactions cannot be a mortgage by conditional sale irrespective of whether the documents are the contemporaneously executed No Mandatory Requirement Of Communicating The Proposed Punishment To A Delinquent Civil Servant [State Bank of India vs, Mohammad Badruddin] The Supreme Court observed that there is no mandatory requirement of communicating the proposed punishment to a delinquent Civil Servant in view of 42nd Amendment to the Constitution of India.The bench comprising Justice L. Nageswara Rao and Justice Hemant Gupta also held that the non-communication of the previous punishments in the show cause notice will not vitiate the punishment imposed. Solatium U/S 30 RFCTLARR Act Has To Be Calculated Only On The Market Value Plus The Value Of The Assets Attached To The Land [RB Dealers Private Limited vs. The Metro Railway, Kolkata] The solatium as contemplated under sub-section (1) of Section 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has to be calculated only on the market value plus the value of the assets attached to the land i.e. total compensation amount as determined as per Sections 26, 27 and 28 of the 2013 Act, the Supreme Court held Section 498A- When Conviction By Trial Court Was Not For Dowry Demand, HC Cant Convict Accused For It Without Appreciating Evidence On Record [Wasim V. State NCT of Delhi] The Supreme Court observed that, when the Trial Court conviction under section 498A of the Indian Penal Code was not for demand for dowry, the High Court could not convict the accused under the same for demand of dowry without a detailed discussion of the evidence on record. Acquittal In Criminal Case By Itself Doesn't Vitiate Disciplinary Enquiry Findings Of Misconduct [Union of India V. Sitaram Mishra] The Supreme Court reiterated that the acquittal in the course of the criminal trial by itself is not a ground for vitiating the finding of misconduct which has been arrived at during the course of the disciplinary proceedings. Plaintiff Cannot Be Forced To Add Parties Against Whom He Does Not Want To Fight [Gurmit Singh Bhatia V. Krishna Kant Robinson] The Supreme Court reiterated that, in a suit, the plaintiff is the dominus ...

Supreme Court Weekly Round Up

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