Civil Procedure – Amendment of Written Statement – Order VI Rule 17 CPC – Application for amendment moved after closure of plaintiff’s evidence and at stage of defendant’s evidence – Amendment sought to introduce plea of forged lease deed contrary to earlier admission of existence of lease – Held: Belated amendment lacking due diligence rightly rejected [P...
Public Gambling Act – Section 13 – Cognizable or Non-Cognizable Offence – FIR registered alleging applicant and co-accused found gambling in public place – Charge-sheet filed under Section 13 – Applicant sought quashing contending offence is non-cognizable and investigation barred under Section 155(2) CrPC – Held: Section 13 expressly authorises police officer t...
Contract – Sale Agreement – Suppression of Encumbrance – Breach by Vendor – Respondent entered agreement to sell land for ₹4.45 crores but failed to disclose existing mortgage – Appellant paid ₹55 lakhs as advance – On discovering the mortgage, appellant withheld further payment – Held: Vendor's failure to disclose encumbrance constituted fraud and...
Multi-State Cooperative Society – Deemed Conversion – Section 103 – Applicability – Reorganization of Uttar Pradesh in 2000 led High Court to hold that cooperative sugar factories became multi-State cooperative societies – Supreme Court holds that Section 103 only applies where “objects” of society extend to more than one State – Mere fact that area ...
Accident Claim - Motor Vehicles Act – Compensation – Section 166 – Essential Ingredients – Claimants must establish (i) occurrence of accident (ii) involvement of offending vehicle and (iii) rash and negligent act – Mere proof of occurrence of accident insufficient to fasten liability – Failure to establish involvement of specific vehicle fatal to claim [Paras 8...
Income-tax – Search and Seizure – Section 153C – Jurisdiction – Search conducted at petitioner’s residential premises pursuant to warrant under Section 132 – Statement recorded and panchanama drawn – Satisfaction note prepared treating petitioner as an “other person” – Held: Person whose premises are searched and from whom documents are s...
Arbitration Law – Enforcement of Foreign Award – Objections under Section 48 – Respondent challenged enforcement on grounds of limitation, absence of concluded contract and arbitration clause, and non-confirmation of award under Texas law – Held: Petition filed on 16.05.2024 not barred by limitation as period from 15.03.2020 to 28.02.2022 excluded due to COVID-19 – Li...
Family Law – Divorce – Mental Cruelty – Suppression of medical condition – Divorce Decree Upheld – Respondent/husband alleged that appellant/wife suppressed her infertility prior to marriage and behaved cruelly with his family – Medical reports suggested difficulty in conception, not permanent infertility – Wife allegedly mocked husband’s responsibil...
Matrimonial Law – Divorce – Desertion – Reversal of Decree – Trial Court granted divorce on ground of desertion under Section 13(1)(i-b) – High Court reversed, holding no intention of permanent abandonment by wife – Supreme Court disagrees and holds that long separation with no reconciliation, coupled with refusal to accommodate each other's views, amounts t...
Civil Law - Specific Performance – Agreement of Sale – Proof of Execution – Plaintiff relied on agreement dated 26.09.2006 for sale consideration of Rs.6,00,000/- – Defendants contended agreement was concocted and created as security for hand loan of Rs.2,50,000/- – Property situated within Bengaluru city limits with guideline value exceeding Rs.23 lakhs in 2005 &ndas...