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Supreme Court Dismisses Appeal in Specific Performance Suit for Want of Proof of Readiness and Willingness. Plaintiff Failed to Aver and Prove Continuous Readiness and Willingness Under Section 16(c) of the Specific Relief Act, 1963....

The appellant, Mehboob-ur-Rehman (since deceased, represented by legal representatives), filed a suit for specific performance of an agreement to sell a house in Kanpur for Rs. 30,000, with Rs. 15,000...

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Supreme Court Allows Appeal in Port Damage Case — Endorsement of Liability Obtained by Coercion is Void. Essar Shipping Ltd. v. Board of Trustees for the Port of Calcutta — Endorsement of liability obtained by wrongful detention of vessel is void under Section 17 of the Indian Contract Act, 1872....

The case arises from an incident on 27 August 1987 when the vessel M.V. Chennai Nermai, owned by Essar Shipping Ltd. (appellant), collided with a coal loader at Haldia Port while berthing. The vessel ...

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Supreme Court Upholds Army Disciplinary Jurisdiction, Sets Aside High Court Stay on Attachment Order. High Court's Pre-emptive Intervention in Army Discipline Under Army Act 1950 and Army Instructions 30/86 Held Unwarranted as Respondent Was Posted Outside Its Territorial Jurisdiction....

The Supreme Court allowed the appeal filed by the Union of India and others against the interim orders of the High Court of Manipur dated 5 November 2018 and 24 January 2019, which had stayed an attac...

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Supreme Court Allows Father's Appeal in Child Custody Dispute, Upholds Use of Mediator and Counsellor Reports. Reports of Child Counsellor and Mediator Regarding Child's Behavior and Attitude Are Not Confidential Under Mediation Confidentiality Rules....

The appellant, Perry Kansagra, a Kenyan and British citizen, and the respondent, Smriti Madan Kansagra, an Indian citizen, married on 29 July 2007 in New Delhi. After marriage, the respondent moved to...

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Supreme Court Modifies Sentence in Rash Driving Case: Sentences to Run Concurrently. The Court held that under Section 31 CrPC, it is mandatory to specify whether multiple sentences run concurrently or consecutively, and directed concurrent running of sentences under Sections 279 and 304A IPC....

The appellant, Gagan Kumar, was prosecuted and convicted by the Judicial Magistrate 1st Class, Jalandhar for offences under Sections 279 (rash driving) and 304A (causing death by negligence) of the In...

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Supreme Court Restores Compensation in Motor Accident Claim — Bus Driver's Negligence Established by Preponderance of Probabilities. Non-examination of Pillion Rider Not Fatal to Claim Under Motor Vehicles Act, 1988....

The case arises from a motor accident on 28 October 2011, when Sitaram, a senior government school teacher, was riding a motorcycle with a pillion rider, Rajulal Khateek. A bus owned by the Rajasthan ...

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Supreme Court Allows State Appeal in Default Bail Case Under UAPA — Extension of Custody Upheld Despite Procedural Defects. Report of Public Prosecutor Must Indicate Application of Mind, But Technical Non-Compliance Not Fatal When Substance Exists....

The Supreme Court allowed the appeal filed by the State of Maharashtra against the Bombay High Court's order granting default bail to the respondents/detenues in a case under the Unlawful Activities (...

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Supreme Court Upholds NCDRC Order Exonerating Hospital and Doctor in Medical Negligence Case — No Negligence Found in Treatment and Discharge of Cancer Patient. Bolam Test Applied: Doctor Not Negligent If Acting in Accordance with Practice Accepted by a Reasonable Body of Medical Men....

The appellant, Vinod Jain, filed a consumer complaint alleging medical negligence against Santokba Durlabhji Memorial Hospital and Dr. R.K. Bhandari after his wife, Sudha Jain, died on 31.10.2011. She...

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Supreme Court Allows Appeal Against Foreigner Declaration — Minor Name Discrepancy Not Fatal to Citizenship Claim. Burden of Proof Under Section 9 of Foreigners Act, 1946 Discharged by Consistent Documentary Evidence....

The appellant, Sirajul Hoque, was declared a foreigner by the Foreigner's Tribunal, Assam, vide judgment dated 19.01.2017. The Tribunal relied on a discrepancy in the name of the appellant's grandfath...

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Supreme Court Allows Workers' Union Appeal in Territorial Jurisdiction Dispute — Gujarat High Court Has Jurisdiction as Part of Cause of Action Arose in Gujarat. Workers' Employment at Porbandar Factory and Labour Court Proceedings in Gujarat Confer Jurisdiction Under Article 226(2) of the Constitution....

The appeal arose from a dispute between Cement Workers' Mandal (appellant-Union) and Global Cements Ltd (respondent-company) and Indian Bank (respondent-bank). The Union represented workers employed a...