Judgements Uploaded By Users In Category: Other Laws
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The Supreme Court has held that What is the difference between a Gift, Settlement and Will? The nomenclature of the instrument is immaterial and the nature of the document is to be derived from its contents. There must be a transfer of interest in praesenti for a gift or a settlement and in case of postponement of such transfer until the… Read More ...
The Supreme Court has held that (i) In view of the declaration of law made in Ghanashyam Mishra and Sons Pvt. Ltd v. Edelweiss Asset Reconstruction Company Ltd (2021) 9 SCC 657, all the dues including the statutory dues owed to the Central Government, if not a part of the Resolution Plan, shall stand extinguished and no proceedings could be continued… Read More ...
The Supreme Court has held that Bombay Stamp Act: Stamp duty is on the instrument and not on the transaction. An agreement which contemplates the delivery of possession of the property within the stipulated time should be deemed to be a conveyance for the purpose of duty leviable under the Bombay Stamp Act (i) The legal position is very clear that… Read More ...
The SUPREME COURT OF INDIA CIVIL APPEAL NO. 6778 OF 2013 has held that JACOB PUNNEN & ANR. Vs. UNITED INDIA INSURANCE CO. LTD. SUPREME COURT OF INDIA CIVIL APPEAL NO. 6778 OF 2013 THE SUPREME COURT rejected the insurer’s argument that the consumer was under an obligation to inquire about the terms of the policy, and any changes that might have been introduced, in the standard terms. The… Read More ...
The Bombay High Court has held that Prevention of Money Laundering Act, 2002 . S. 2(1)(u) : “Proceeds of crime” means any property derived or obtained directly by property derived or obtained directly or indirectly ,by any person as a result of criminal activity relating to a schedule offence or value of any such property - Offence of money laundering – Punishment… Read More ...
The Supreme Court has held that Where the sale deed requires registration, ownership does not pass until the deed is registered, even if possession is transferred, and consideration is paid without such registration. Public auction cannot be set aside until there is any material irregularity and/or illegality committed in holding the auction or if such auction was vitiated by any fraud… Read More ...
The Supreme Court has held that It is well settled that Courts should not shut out cases on mere technicalities but rather afford opportunity to both sides and thrash out the matter on merits. Further, we cannot let the party suffer due to negligent or fault committed by their counsel. This principle has been enunciated by the Supreme court in the… Read More ...
The Supreme Court has held that The doctrine of merger on grant/ dismissal of SLP (i) The doctrine of merger although has its roots in common law principles, but has been deeply interspersed in Indian jurisprudence, through a series of decisions. (ii) If Special Leave is not granted and the petition is dismissed by a reasoned or unreasoned order, the order… Read More ...
The Supreme Court has held that Subsequent change in law is not "sufficient cause" & cannot be a ground for condonation of delay. In Indore Development Authority v. Manoharlal (2020) 8 SCC 129, a 5-judge bench of the Supreme Court overruled its earlier judgements on the issue of land acquisition process initiated by Delhi government under the Land Acquisition Act, 1894.… Read More ...
The Supreme Court has held that Ignoring the law laid down by a binding precedent and taking a view totally contrary to the same itself would amount to a material error, manifest on the face of the order. Ignoring the judgment of the Constitution Bench would undermine its soundness (i) As already discussed herein above, except the cursory reference in paragraph… Read More ...