Specific Relief Act 1963 - Section 28 - (i) A decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till the deed is executed pursuant to the decree, the Court that passed the decree is vested with the jurisdiction…

Electricity Act, 2003 - Section 2(5),14 - Railways is not a deemed distribution licensee under the third proviso to section 14 of the Electricity Act because its electrical network is an internal, captive system for self‑use and it neither operates a “distribution…

Hindu Succession Act, 1956 - Section 25 - The bar under Section 25 applies to both intestate and testamentary succession. A person accused of the murder of one from whom inheritance is claimed, is disentitled from asserting rights, not only under Section…

Code of Civil Procedure 1908 -Order XII Rule 6 - A decree can be passed under Order XII, Rule 6 CPC on the basis of an admission, whether it is contained in the pleadings or elsewhere. Such an admission may be in writing or may even be oral. No particular

NDPS Act - Section 37 - In a case under the NDPS Act, long duration of custody or the completion of investigation are not sufficient factors for enlarging the accused on bail. The accused persons seeking bail have to overcome the rigors of Section 37 of the…

Constitution of India - Article 226 - Disciplinary Proceedings - The findings of fact recorded by the disciplinary authority are not to be interfered with by the Court as a matter of course, particularly while exercising jurisdiction under Article 226 of…

Indian Penal Code 1860 - Section 34 -Mere presence of an accused without proof of participation or shared intention is insufficient to sustain a conviction with the aid of Section 34 IPC. (Para 23) Common intention implies a pre-arranged plan and prior meeting…

Indian Evidence Act 1872 - Section 106 -The ‘last seen’ theory can be applied only if the gap between the last sighting of the deceased and the accused together and the discovery of the deceased’s body is so proximate that it allows no possibility for the…

Constitution of India - Article 226 - Disciplinary Proceedings - High Court set aside the dismissal of a bank employee and remitted the matter to the Disciplinary Authority with a direction to impose any punishment other than dismissal or removal - SC held…

Contempt of Court - The Supreme Court upheld the Gujarat High Court’s finding that senior advocate and Bar Association President Yatin Oza committed criminal contempt by his press conference remarks (including calling the High Court a “gambling den”), holding…

Notes On Supreme Court Judgments

Criminal Trial - It is the quality and not the quantity of evidence which is determinative. Even the testimony of a solitary witness, if found to be wholly reliable and of sterling quality, is sufficient to base a conviction - Indian Evidence Act 1872 - Section…

Notes On Supreme Court Judgments

Notes On Supreme Court Judgments

National Investigation Agency Act, 2008 - The Supreme Court directed the Union of India, States/UTs and High Courts to operationalise exclusive Special Courts, particularly for NIA Act Section 11 trials, with Union funding as per the Office Memorandum dated…

Income Tax Act 1961 - Section 147,148 - The essential condition precedents to exercise jurisdiction for reopening an assessment under Section 147 read with Section 148 of the Act are: a) The Assessing Officer must have ‘reason to believe’ that ‘income’ chargeable…

Income-tax Act, 1961 - Section 36(1)(iii) - In this case, High Court disallowed the deduction on the footing that the borrowing benefitted a subsidiary/group concern and was not for the assessee’s own business. The Supreme Court held that interest on capital…

Constitution of India - Article 19(1)(a) - The right to receive education in one’s mother language finds its normative basis in Article 19(1)(a) of the Constitution, for the guarantee of freedom of speech and expression necessarily encompasses the right to…

Matrimonial - To brandish the effort of the wife to pursue her own career goals as acts of cruelty, as the same may have hurt the sentiments of the husband or the in-laws, is highly objectionable and deplorable in the era where the society proudly talks of…

Supreme Court Rules, 2013 - Practice and Procedure - An order dictated in open Court can be altered and changed so long as no material changes are being made in the order, at which stage re-hearing would be required -The draft order dictated in Court has…

Indian Penal Code - Section 405 - In the absence of entrustment, dishonest misappropriation, or violation of a fiduciary obligation, foundational ingredients of the offence of criminal breach of trust are not satisfied. (Para 11) Section 420 -For the offence…