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West Bengal Judicial Academy
West Bengal Judicial Academy

Judgments (Supreme Court) - Part 1

Adverse possession
When the other co-owner did not object to the eviction, one co-owner could maintain an action for eviction in the absence of others
The accused must be individually informed that Under Section 50(1) of the N.D.P.S Act, he has a right to be searched before a nearest gazetted officer or before a nearest magistrate
After proper adjudication of the cases of all those who are found to be guilty of the offence of committing theft of electricity, apart from the sentence of conviction , the court should invariably impose heavy fine
Examination of the basic and fundamental difference between a testamentary disposition and a settlement
The complaint under sec. 138 of the N.I. Act without signature is maintainable when such complaint is verified by the complainant and the process is issued by the magistrate after due verification.
Whether the seller is entitled to forfeit the earnest money deposit where the sale of an immovable property falls through by reason of the fault or failure of the purchaser.
A servant of a hotel cannot be said to be in possession of contraband belonging to his master unless it is proved that it was left in his custody over which he had absolute control
In view of the unambiguous language of sec. 21 of the Legal Services Authorities Act, every award of the Lok Adalat shall be deemed to be a decree of a civil court and as such it is executable by that court
To revisit the principle that time is not of the essence in contracts relating to immovable properties in view of the changed circumstances arising from inflation and steep increase in prices
Whether owner is liable if the offending vehicle was not insured and was under requisition of the State Government at the relevant time.
Sarla Verma & Othrs vs Delhi Transport Corporation & Anr
Whether for the purpose of deciding net monthly income of the deceased, the amount of voluntary contributions towards G.P.F etc., should be included or excluded from his salary
While examining the connotation of the term INCOME for the purpose of just compensation not only the pay packet the employee caries home but also other perks which are beneficial to the members of the entire family
Contempt of a civil nature can be held to have been made out only if there has been a willful and conscious disobedience
Even in the case that the license was fake the insurance company would continue to remain liable unless they prove that the owner was aware or noticed that the license was fake and still permitted him to drive
Filing of complaint petition under section 138 of the N.I Act through power of attorney
Issue as to what should be the averments in a complaint under sec. 138 read with section 141 of the N.I Act against Director of a Company before he can be subjected to criminal proceedings
Once the anticipatory bail is granted then the protection should ordinarily be available till the end of the trial unless interim protection is curtailed.
The principles laid down by S.C to decide whether a medical professional is guilty of medical negligence or not
Whether the multiplier specified in the second schedule should be a guiding factor for the calculation of the amount of compensation payable in a case falling under section 166 of M.V.Act
Principles to be followed while dealing with an application for condonation of delay
Subsequent case under sec. 420 I.P.C is not barred though previous Proceeding under sec. 138 N.I Act is pending
Guidelines given by Hon'ble Supreme Court to Parliament for introducing a time-limit in section 19 of the Prevention of Corruption Act-1988 for it's working in a reasonable manner
The amended definition of the expression NPA under section 2(1)(o) of the SRFAESI Act,2002 is constitutionally valid
Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2)
Section 143(1A) of the Income Tax Act 1961 can only be invoked where it is found on facts that the lesser amount stated in the return filed by the assessee is a result of an attempt to evade tax lawfully payable
Court's territorial jurisdiction concerning criminal conplaints filed under chap. XVII of The N.I.Act-1881
Supreme Court stated the law on compensation for breach of contract under section 74 of The Indian Contract Act
Whether a contract for manufacture, supply and installation of lifts in a building is a contract for sale of goods or a work contract, for consideration of sale tax
When there is no negligence, inaction or want of bonafide is imputable to the appellants, the delay has to be condoned
Directions given by SC in NDPS Act cases
It is the prerogative of the Creditor alone whether he would move against the principal debtor first or the surety, to realize the loan amount
Whether the Limitation Act applies only to Courts and not to Tribunals
If a search is made in a public place, the officer taking the search is not required to comply with sub section (1) and (2) of section 42 of the NDPS Act
Section 147 of The N. I Act does not bar the parties from compounding an offence under section 138 of N.I Act even at the appellate stage of the proceeding
A violation of an interim or an interlocutory order passed by a court of competent jurisdiction ought to be viewed strictly if the rule of law is to be maintained
The National Tax Tribunals Act is unconstitutional. being the ultimate encroachment on the exclusive domain of the superior Courts of Record in India
A claim of juvenility may be raised at any stage even after the final disposal of the case
Once a person is allowed to compound a case as provided for under section 147 of the N.I Act, the conviction under section 138 of the said Act should also be set aside
Whether the respondent can be made liable in his personal capacity when the Company has not been made a party to the complaint, under N.I Act
Whether an assessment proceeding under the Central Excises and Salt Act, 1944, can continue against the legal representatives or estate of a sole proprietor or manufacturer after he is dead
The person challenging the act of the State as violative of Art. 14 has to show that there is no reasonable basis for the differentiation between the two classes created by the State
The proviso to Sec. 6(1) & Sub. Sec. (5) of Sec. 6 of Hindu succession Act clearly intend to exclude the transactions prior to 20.12.04.Explanation cannot permit reopening of partitions which were valid when effected
Mere possession and recovery of currency notes from the accused without proof of demand will not bring home the offence under section 7 of P.C. Act-1988, , since demand of illegal gratification is sine-qua-non to constitute the said offence
Whether intellectual property such as trademarks, copyrights and know-how come within the definition of PLANT under The Income-Tax Act-1961
If the mediation is unsuccessful, then the mediator should only write one sentence in his report and send it to the court stating that the MEDIATION HAS BEEN UNSUCCESSFUL
Compensation that can be traced to section 32 of the N. I Act can be regarded as interest on loans and advances
Where the principle of STARE DECISIS should apply
If the parties fail to agree to appoint an arbitrator within 30 days from the receipt of a request made by one party to the other, then and then only section 11 of the Arbitration Act can be invoked
What is the time limit for filing the written statement or giving version of the opponent as per provisions of sec 13(2)(a) of the Consumer Protection Act, 1986
The High Court erred in law in directing the civil court to decide disputes in respect of Wakf property
The two expressions i.e KARTA and Manager may be understood to be not synonymous and the expression MANAGER may be understood as denoting a role distinct from that of Karta
There is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting parties in such cases, has it's business
That both the Tribunal and the High Court have erred in not following the rules laid down by this Court in not taking gross income of the deceased to determine the loss of dependency
Section 8(1)(d) can have no application to a case where joint family property passes to a single coparcener not by survivorship but by partition
A person below18 years at the time of the incident can claim benefit of the Act any time. Reference may be made to sec. 7-A and 20 of the Act and Rule 12 of the JJ Rules, 2007
Awarding of interest on the compensation, the Courts below have erred in awarding only six percent interest p.a on the compensation awarded instead of nine percent p.a.
It is not necessary to implead all joint tort feasors and due to failure of impleadment of all joint tort feasors, compensation cannot be reduced to the extent of negligence of non-impleaded tort feasors
The liability of the guarantor is co-extensive with that of the principal debtor unless it is otherwise provided by the contract.
The mutation entries do not convey or extinguish any title and those entries are relevant only for the purpose of collection of land revenue

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