Criminal Law - Appeal against acquittal - Abetment to suicide - Essential ingredients of offense under Section 306 IPC - Evidence required to prove abetment - Merely insulting language or abusive behavior not sufficient for establishing abetment - Presence of evidence suggesting accused's intention to instigate deceased to commit suicide necessary for conviction under Section 306 IPC. (Para 6)...
Civil Procedure – Abatement of Appeal – The Supreme Court held that the Second Appeal did not abate upon the death of one of the respondents, as the right to sue survived against the surviving respondents – Highlighted that abatement occurs only when the cause of action does not survive upon or against the surviving party – The High Court's dismissal of the appeal and t...
Property Dispute – Mortgage Deed's Validity – Challenged in first appeal under Section 96 CPC – Hetram Sahu (Appellant/Defendant No.1) contesting trial court's decree declaring the mortgage deed as null and void, and ordering return of property possession – Allegations of fraud in execution of mortgage deed instead of rent deed. [Paras 1-2]
Evidence and...
Civil Procedure – Declaration and Possession – The Supreme Court held that an order or decree passed without jurisdiction is a legal nullity – The deficiency of jurisdiction cannot be cured by the consent of the parties – The Deputy Commissioner (DC) lacked inherent jurisdiction to either entertain the appeal or endorse the compromise during the suspension of the Jammu and ...
Service Tax – Composite Works Contracts – The Supreme Court held that service tax could not be levied on composite works contracts prior to the introduction of the Finance Act, 2007, which amended the Finance Act, 1994, to introduce Section 65(105)(zzzza) – The Court found that the Finance Act, 1994, contained no charge or machinery to levy and assess service tax on indivisible c...
Compassionate Appointment – Eligibility Criteria – The Supreme Court held that compassionate appointment cannot be granted merely on the death or incapacitation of an employee – It must be in accordance with the scheme framed by the employer, which may include financial criteria to determine the indigence of the family – The Court emphasized that the aim of compassionate ap...
Foreign Judgment – Execution in India – Merits of the Judgment – Principles governing the enforceability of foreign judgments in India discussed. [Para 11]
Natural Justice – Failure to consider reply – Conclusiveness of foreign judgment – Impact of non-consideration of evidence and reply filed by the judgment debtor on the merits of the foreign judg...
Retirement Age of College Teachers – The Supreme Court held that the enhancement of the retirement age of college teachers in Kerala to 65 years is within the domain of the State Government – The policy of the State Government mandating retirement at 56 years for teachers of aided affiliated colleges and at 60 years for university teachers is crystallized by enactments under Article 30...
Appointment Tenure – Statutory Provisions – The Supreme Court held that the appointment of members of the NCLT for a period of three years is not contemplated by Section 413(1) of the Companies Act, 2013. The section stipulates a tenure of five years for members from the date of entering office, eligible for re-appointment for another term of five years [Paras 1-88].
Admin...
Res Judicata – Principles Applied – The doctrine of res judicata precludes the re-litigation of issues that have already been resolved between the same parties in previous proceedings. The Court emphasized that res judicata bars subsequent proceedings only if the same matter has been directly and substantially in issue previously, reaching finality in a competent forum [Paras 1-88].
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