HM Journal

Supreme Court

Find all the latest Judgments from 1st August, 2021

Actual Possession of property is more recognizable than legal possession of property

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 …

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Whether conviction can sustain only on purported disclosure of statements?

Facts: Appellants robbed complainant when complainant was on his bike to buy a plot in Delhi and was carrying a sum of Rs. 46,000/­ wrapped in a red cloth which was embroidered as “Kamla” belonged to the wife of the Complainant. During trial, witnesses of complainant turned hostile and Complainant refused to participate in T.I.P(Test …

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Circumstances when Section 397 IPC punishment can be reduced

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 …

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Default in payment may invite the penalty of imprisonment

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 …

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

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 …

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

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 …

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Sentence of imprisonment for life has to be equated to rigorous imprisonment for life

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 …

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