MyNation KnowledgeBase

Landmark Judgments and Articles on Law

How to prove that a party has waived off his legal right?

SUPREME COURT OF INDIA N. Santosh Hegde J.S.B. Sinha J. Krishna Bahadur Vs. M/s Purna Theatre Ors. Appeal (Civil) 7251 of 2001 25th August 2004 Citation: 2004 ALL SCR 334 S.B. SINHA, J.:- The workman is in appeal before us being aggrieved by and dissatisfied with…

What remedies are available to the defendant if court passes an exparte decree against him?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 7316 of 2008 Decided On: 16.12.2008 Mahesh Yadav and Ors. Vs. Rajeshwar Singh and Ors. Hon’ble Judges/Coram: S.B. Sinha and Cyriac Joseph, JJ. Citation:  MANU/SC/8463/2008,AIR 2009 SC 1064 1. Leave granted. 2. Plaintiff in a suit for…

Whether a decision which is neither reversed nor overruled can cease to be precedent?

IN THE SUPREME COURT OF INDIA Civil Appeal Nos. 3017 of 1997 and 2696-2697 of 2003 Decided On: 20.11.2003 State of Punjab and Ors. Vs. Devans Modern Brewaries Ltd. Hon’ble Judges/Coram: V.N. Khare, R.C. Lahoti, B.N. Agrawal, S.B. Sinha and A.R. Lakshmanan, JJ. Citation: MANU/SC/0961/2003…

Whether court can Condone delay in Execution of Decree as per Section 5 of Limitation Act?

Supreme Court of India CASE NO.: Appeal (civil) 1079 of 2004 PETITIONER:Damodaran Pillai & Others RESPONDENT:South Indian Bank Ltd. DATE OF JUDGMENT: 08/09/2005 BENCH: Ashok Bhan & S.B. Sinha JUDGMENT: J U D G M E N T S.B. SINHA, J: Interpretation of sub rule…

Difference between scope of First appeal and application for Setting aside Exparte decree

IN THE SUPREME COURT OF INDIA Civil Appeal No. 8246 of 2004 Decided On: 17.12.2004 Bhanu Kumar Jain Vs. Archana Kumar and Ors. Hon’ble Judges/Coram: N. Santosh Hegde, B.P. Singh and S.B. Sinha, JJ. S.B. Sinha, J. 1. Leave granted. 2. The remedies available to…

Presumption of innocence – Guilty or Not Guilty and Constitutional Validity

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1034 OF 2008 [Arising out of SLP (Crl.) No. 5597 of 2006] Noor Aga …Appellant Versus State of Punjab & Anr. …Respondents JUDGMENT S.B. SINHA, J : Leave granted. INTRODUCTION Several questions of…

No Record or explanation of Dowry demand, Cruelty, Acquitted in Dowry Death

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 476 OF 2005 TARSEM SINGH … APPELLANT Versus STATE OF PUNJAB … RESPONDENT JUDGMENT Appellant was prosecuted for committing murder of his mom Amriko. They were married in a year 1983. Appellant was…

Jurisdiction to investigate under Article 142 of Constitution and Section 156

Supreme Court of India CASE NO.:Appeal (crl.) 1534 of 2006 PETITIONER:Asit Bhattacharjee RESPONDENT: M/s. Hanuman Prasad Ojha & Ors DATE OF JUDGMENT: 15/05/2007 BENCH:S.B. Sinha & C.K. Thakker JUDGMENT: J U D G M E N T S.B. Sinha, J. 1. Appellant herein was awarded contracts…

Section 406/420 filed to Harass Quashed

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 908 OF 2009 [Arising out of SLP (Criminal) No. 1793 of 2008] HARMANPREET SINGH AHLUWALIA & ORS. … APPELLANTS Versus STATE OF PUNJAB & ORS. … RESPONDENTS JUDGMENT S.B. SINHA, J. 1. Leave…

Suppression of fact, unclean hands

Supreme Court of India CASE NO.:Appeal (civil) 2205 of 2007 PETITIONER:Arunima Baruah RESPONDENT:Union of India & Ors DATE OF JUDGMENT: 27/04/2007 BENCH:S.B. Sinha & Markandey Katju JUDGMENT: J U D G M E N T CIVIL APPEAL NO. 2205 OF 2007 [Arising out of SLP…

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