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Supreme Court

Supreme Court Upholds Mortgage by Conditional Sale in Property Redemption Dispute — Distinguishes from Sale with Condition to Repurchase Under Section 58(c) of Transfer of Property Act, 1882. The court affirmed that the transaction was a mortgage, not an absolute sale, and the mortgagor's heirs were entitled to redeem the property upon payment of the balance amount.

23 Apr 2019

The appeals arose from a suit for redemption of mortgage filed by the respondents-plaintiffs, who claimed that their father Shripad Joshi had mortgage...

Supreme Court

Supreme Court Dismisses Appeal, Upholds Life Conviction for Murder Under Section 302 IPC — Multiple Stab Wounds on Unarmed Deceased Negate Right of Private Defence and Sudden Fight Plea.

23 Apr 2019

The Supreme Court dismissed the appeal filed by Nagji Odhavji Kumbhar and another against the judgment of the Gujarat High Court which upheld their co...

Supreme Court

Supreme Court Allows Appeal, Discharges Surveyor in Criminal Case for Lack of Ingredients Under Sections 504 and 506 IPC. Allegations of Criminal Intimidation and Insult Found Baseless as Complaint Was Filed After Delay and Police Closure Reports Indicated No Offence.

23 Apr 2019

The Supreme Court allowed the appeal filed by Vikram Johar, a surveyor, challenging the Allahabad High Court's order dismissing his criminal revision ...

Supreme Court

Supreme Court Dismisses Appeal of Bank Manager Seeking Discharge for Want of Sanction Under Section 197 CrPC in Forgery Case. Act of Forgery by Public Servant Cannot Be Considered an Act Done in Discharge of Official Duty.

23 Apr 2019

The Supreme Court dismissed an appeal filed by S.K. Miglani, a former Branch Manager of Bank of Baroda, Faridabad, challenging the Delhi High Court's ...

Supreme Court

Supreme Court Converts Murder Conviction to Culpable Homicide in Sudden Fight Case — Benefit of Exception 4 to Section 300 IPC Granted. The Court held that the appellant's act of strangulating his wife with a saria during a sudden quarrel without premeditation fell within Exception 4 to Section 300 IPC, reducing the offence from murder to culpable homicide not amounting to murder under Section 304 Part I IPC.

23 Apr 2019

The appellant, Rambir, was convicted under Section 302 IPC for the murder of his wife, Sua, by strangulating her with a saria (iron rod) on the interv...

Supreme Court

Supreme Court Upholds Disqualification of Municipal Councillor for Spouse's Unauthorized Construction Under Section 44(1)(e) of Maharashtra Municipal Council Act. The court held that the provision imposes strict liability on the Councillor for constructions by her spouse, without requiring her knowledge or involvement.

22 Apr 2019

The appellant, Sampada Yogesh Waghdhare, was elected as a Municipal Councillor and later as President of the Council on 11.02.2015. The second respond...

Supreme Court

Supreme Court Restores Murder Conviction in Single Axe Blow Case — High Court Erred in Reducing to Culpable Homicide Not Amounting to Murder. Use of deadly weapon on vital part establishes intention to cause death under Section 302 IPC, despite single blow.

16 Apr 2019

The State of Rajasthan appealed against the judgment of the Rajasthan High Court which converted the conviction of the respondent, Kanhaiya Lal, from ...

Supreme Court

Supreme Court Allows Suspension of Sentence in Bank Fraud Case Due to Erroneous Aggregation of Concurrent Sentences. High Court's Rejection of Bail Under Section 389 CrPC Set Aside as It Overlooked Trial Court's Direction That All Sentences Run Concurrently, Reducing Maximum Imprisonment to 7 Years.

16 Apr 2019

The appellant, N. Ramamurthy, was convicted by the Special Judge for CBI cases in Bengaluru for offences under Section 120-B read with Sections 409, 4...

Supreme Court

Supreme Court Allows Reversioners' Suit for Possession Against Tenant of Life Tenant. Life Tenant's Lease Does Not Survive Her Death; Tenant Becomes Trespasser.

16 Apr 2019

The appeal arises from a judgment of the High Court of Punjab and Haryana in a second appeal, which reversed the trial court's decree for possession i...

Supreme Court

Supreme Court Allows Appeal Against NCDRC Order Dismissing Consumer Complaint for Lack of Consumer Status — Booking of Four Flats Not Conclusive to Deny Consumer Status Without Evidence. The Court held that the NCDRC erred in deciding the maintainability of the complaint on surmise without giving an opportunity to adduce evidence on the purpose of purchase under Section 2(1)(d) of the Consumer Protection Act, 1986.

12 Apr 2019

The appellant, Sanjay Bansal, filed a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) against M/s Vipul Ltd. (fo...

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