Supreme Court

Facts: Appellant was aggrieved because Bharat petroleum sub-let appellant property to a dealer and neither vacating nor paying any arrears of rent since 2009 because lease agreement was expired in 2009 between appellant and Bharat Petroleum way back before. Single judge and Division bench discarded the matter stating writ not maintainable under Article 226 power …

Actual Possession of property is more recognizable than legal possession of property Read More »

Facts That appellant convicted under 302, 376, 364, 366A and 201 of Penal Code. That appellant, under the pretext of giving biscuits, committed rape and murder of a five-year old girl, and threw her dead body into the stream. Both High Court & Trial Court confirmed death sentence. Hence, this appeal. Contentions by Appellant before …

Commuting Death Sentence into Life Imprisonment Read More »

Facts: There were 5 accused but they did not used any deadly weapon while committing the offence but trial court, session court, high court convicted them under section 397. Aggrieved Accused preferred this appeal in Supreme Court. Principle – There is no difference between Section 391/395 and Section 397 IPC so far as sentence/punishment except …

Circumstances when Section 397 IPC punishment can be reduced Read More »

Facts The supreme court has taken the court to the hearing of the criminal  bail with the consent of  the parties, where under a special  leave petition being filed the court has ordered a stay  upon the release of respondent no. 1 of the cases. Observation: The party has reached the supreme court leaving behind …

The petition for bail Read More »

Facts: Appellant agreed to buy respondent house through an agreement of which advance amount was paid. Thereafter appellant came to know that the respondent is not the owner of the house. So, appellant demanded the advance amount from the respondent. Respondent issued half of the amount through cheque but cheque got bounced. Being aggrieved appellant …

Default in payment may invite the penalty of imprisonment Read More »

Fact: An interim measure for market value of plot Rs.5900/- sq.mr was passed in favour of Noida by High Court in July,2014. Thereafter, a lease deed dated October,2014 was executed stating market value of plot Rs.5900/- sq.mr by way of interim measure only. Present High Court allowed the appeal by 24 Oranges Lab LLP. Aggrieved …

What was ordered by way of interim measure cannot be said to be final and conclusive between the parties Read More »

Facts: Plaintiff claim to be legal representative of one Haji Mohammad who died in 1946. Accordingly, court receiver was appointed and he took all the possession of the deceased estate. Therefore, till the year 1963, lands were mutated behind the back of plaintiff and that plaintiff came to know of this fraud and collusion when …

Limitation arises from cause of action Read More »

Facts: Appellant is revenue department aggrieved that assessee (respondent) failed to pay tax as per section 234B of Income Tax Act. Assessment order was passed against respondent. Respondent went to CIT but CIT dismissed the appeal of respondent. Then Respondent went to ITAT. ITAT held in favour of respondent. High Court also held in favour …

Section 234B of Income tax Act is for default in payment of advance tax Read More »

Facts: Petitioner killed his wife on suspicious of infidelity. Then Petitioner was convicted under Section 302 IPC and was sentenced to undergo rigorous imprisonment for life. The appeal filed by the Petitioner challenging the conviction and sentence was dismissed by the High Court by a judgment dated 15.07.2016, aggrieved by which this Special Leave Petition …

Sentence of imprisonment for life has to be equated to rigorous imprisonment for life Read More »