Supreme Court of India2025
2025 INSC 1116; 2025 LiveLaw (Supreme Court) 909; interim order of 15 September 2025
Interim order only. The Court refused to stay the Waqf (Amendment) Act 2025 as a whole, holding that striking down a statute is reserved for the rarest of cases and that the presumption is always in favour of constitutionality, and finding no prima facie case against the 2025 amendment as a whole. It stayed the operation of S.3(r) insofar as it requires the waqif to prove five years of practising Islam, until the States frame guidelines for such determination, and stayed the proviso to S.3C(2), S.3C(3) and S.3C(4) on separation of powers grounds. It capped non Muslim members at four on the Central Waqf Council and three on State Waqf Boards, directed that titles will not be affected and waqfs not dispossessed until final adjudication, directed that a waqf cannot create third party rights pending adjudication, and extended the time to register waqfs.
muslim-lawwaqfwaqf-amendment-act-2025umeed-actinterim-ordersection-3rsection-3cwaqf-by-user
Read case brief →2024
2024 SCC OnLine Supreme Court 1922
E-commerce platforms may face antitrust scrutiny for preferential treatment of affiliated sellers; CCI has jurisdiction to investigate alleged abuse of dominant position.
it-lawe-commerceantitrustdominant-positioncci
Read case brief →Supreme Court of India2024
2024 INSC 506; 2024 SCC OnLine Supreme Court 1686; Criminal Appeal No 2842 of 2024; judgment of 10 July 2024
S.125 of the Code of Criminal Procedure 1973, now S.144 of the Bharatiya Nagarik Suraksha Sanhita 2023, applies to all married and divorced women irrespective of their personal law, including Muslim women divorced by pronouncement of triple talaq. The Muslim Women (Protection of Rights on Divorce) Act 1986 is not a special law overriding the general provision; the remedy under the 1986 Act is in addition to and not in derogation of the criminal maintenance remedy, and a divorced Muslim woman may pursue both.
muslim-lawmaintenancesection-125-crpcsection-144-bnss1986-actsecular-remedycumulative-remediesnagarathna
Read case brief →Supreme Court of India2024
(2024) 5 Supreme Court Cases 629; 2024 SCC OnLine SC 229; judgment of 4 March 2024
The immunity in Articles 105(2) and 194(2) for anything said or any vote given does not extend to the acceptance of a bribe. The offence is complete on acceptance of the illegal gratification, independently of whether the legislator afterwards speaks or votes as agreed. P V Narasimha Rao v State (1998) overruled.
constitutional-lawprivilegesarticle-105article-194briberyimmunityoverrulingprevention-of-corruption
Read case brief →Supreme Court of India2023
(2023) 6 Supreme Court Cases 161; judgment of 2 March 2023
The independence of the Election Commission is essential to free and fair elections, which form part of the basic structure. Exclusive executive control over appointments to the Commission is inconsistent with that independence. Until Parliament legislates, appointments were directed to be made on the advice of a committee of the Prime Minister, the Leader of the Opposition and the Chief Justice of India.
constitutional-lawarticle-324election-commissionappointmentbasic-structurefree-and-fair-electionsindependenceselection-committee
Read case brief →Supreme Court of India2023
2023 INSC 920
The Special Marriage Act as presently enacted is confined to marriages between a male and a female; legal recognition of same-sex marriages requires legislative action and cannot be read into the SMA by judicial interpretation.
special-marriage-actsame-sex-marriagequeer-rightslegislative-actionarticle-21article-14
Read case brief →2023
2023 SCC OnLine Kerala 4024
Right to internet access is part of the right to education and right to privacy under Article 21; blanket internet shutdowns must satisfy proportionality test.
it-lawinternet-accessarticle-21privacyinternet-shutdown
Read case brief →Supreme Court of India2022
(2022) 7 Supreme Court Cases 554
A Hindu female's self-acquired property or property obtained under a will or gift or by any other mode devolves by intestate succession under the Hindu Succession Act, 1956, and not by survivorship; daughters inherit equally with sons from a female Hindu's self-acquired property.
successionself-acquired-propertyfemale-hindudaughters-rightssection-15section-16
Read case brief →Supreme Court of India2022
2022 SCC OnLine Gujarat 3254
Constitutional validity of GST provisions; State's power to levy tax on goods and services post-101st Amendment.
taxation-lawgstconstitutional-validity
Read case brief →Supreme Court of India2022
(2022) 2 Supreme Court Cases 1
GST Council recommendations are not binding on Parliament/State Legislatures but have persuasive value; IGST on ocean freight in CIF imports amounts to double taxation.
taxationGSTcooperative-federalismGST-councilIGSTocean-freightdouble-taxation
Read case brief →Supreme Court of India2022
(2022) 10 Supreme Court Cases 1
S.12A of the Commercial Courts Act (pre-institution mediation) is mandatory; non-compliance renders commercial suit not maintainable
ADRsection-12Acommercial-courtspre-institution-mediationmandatorylandmark
Read case brief →Supreme Court of India2022
2022 SCC OnLine Supreme Court 1047
Validity of retrospective amendments in GST law; procedural conditions in ITC cannot override substantive right.
taxation-lawitcretrospective-amendmentgstsubstantive-right
Read case brief →Supreme Court of India2022
(2022) 10 Supreme Court Cases 51
Graded system for bail based on offence severity. Courts must adopt bail-friendly approach per Art. 21. Investigation convenience cannot justify indefinite detention.
bailgraded-systemarrestarticle-21guidelinesS.479-BNSSsem-5
Read case brief →Supreme Court of India2022
2022 SCC OnLine Madras 15452
Procedural defects in GST show-cause notices (SCN) vitiate the proceedings; principles of natural justice must be complied with.
taxation-lawgstshow-cause-noticenatural-justiceprocedural-defect
Read case brief →Supreme Court of India2022
(2022) 10 Supreme Court Cases 700; judgment of 19 May 2022
Article 246A confers simultaneous legislative power on the Union and the States over goods and services tax. The Goods and Services Tax Council under Article 279A is a deliberative body whose recommendations have persuasive value only and are not binding on the Union or the States.
constitutional-lawarticle-246aarticle-279agst-councilcooperative-federalismfiscal-federalismsimultaneous-powerfinancial-relations
Read case brief →Supreme Court of India2021
(2021) 432 ITR 471 (Supreme Court)
Payment for use of computer software (not source code) is not 'royalty' under S.9(1)(vi); it is business income not taxable in India without PE.
taxation-lawroyaltysoftwaresection-9dtaa
Read case brief →Supreme Court of India2021
(2021) 2 Supreme Court Cases 324
Comprehensive guidelines for maintenance proceedings: overlapping claims must be adjusted, income affidavit mandatory, interim maintenance within specified time, children's needs assessed separately.
maintenanceguidelinesincome-affidavitinterimS.144-BNSSsem-5
Read case brief →Allahabad High Court2021
2021 SCC OnLine All 655
S.125 CrPC (now S.144 BNSS) is a secular remedy available to a Muslim wife irrespective of a pending personal law proceeding; the two are concurrent and there is no bar on cumulation.
muslim-lawmaintenancesection-125-crpcsection-144-bnsscumulationsecular-remedy
Read case brief →Supreme Court of India2021
(2021) 2 Supreme Court Cases 1
Four-fold test for non-arbitrability; at S.8/S.11 stage, court applies prima facie test; detailed validity examination left to tribunal
ADRnon-arbitrabilityprima-facie-testsection-8landmark
Read case brief →Supreme Court of India2021
(2021) 6 Supreme Court Cases 73
Reservation of seats for backward classes in local bodies must satisfy a triple test: a dedicated Commission must conduct a contemporaneous empirical inquiry, the State must specify the proportion in the light of its recommendations, and the aggregate reservation with Scheduled Castes and Scheduled Tribes must not exceed fifty per cent.
constitutional-lawarticle-243darticle-243ttriple-testreservationbackward-classeslocal-self-governmentempirical-inquiry
Read case brief →2020
2020 SCC OnLine Delhi 1839
E-commerce platforms have a duty to prevent unauthorized sale of trademarked products; intermediary immunity under S.79 does not extend to active participation in infringement.
it-lawe-commerceintermediarytrademark-infringementsection-79
Read case brief →Supreme Court of India2020
(2020) 7 SCC 1
S.65B(4) certificate (now S.63(4) BSA) is mandatory for electronic records; confirmed Anvar PV; court can direct production of certificate if device is with adverse party.
evidence-lawelectronic-evidencesection-65Bcertificatedigital-recordsanvar
Read case brief →Supreme Court of India2020
(2020) 5 Supreme Court Cases 481; judgment of 13 November 2019
The office of the Chief Justice of India is a public authority under the Right to Information Act, 2005 and is not a separate authority from the Supreme Court. Judicial independence is not a shield against accountability, though disclosure must be tested against the statutory exemptions applying a public interest balancing test.
constitutional-lawjudicial-accountabilityright-to-informationtransparencyjudicial-independencecollegiumpublic-interestasset-declaration
Read case brief →Delhi High Court2020
2020 Supreme Court Cases OnLine Delhi 835
Computer-related inventions are patentable if they demonstrate a "technical effect" or "technical contribution" beyond the mere program itself; Section 3(k) excludes only computer programs "per se
patentcomputer-related-inventionsection-3ktechnical-effectsoftware-patent
Read case brief →Supreme Court of India2020
(2020) 8 Supreme Court Cases 129
Section 24 of the Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act 2013 (LARR Act) requires both conditions (no compensation paid and no physical possession taken) to be satisfied for deemed lapse of old acquisitions
LARR-Actdeemed-lapseland-acquisitionSection-24compensationpossession
Read case brief →Supreme Court of India2020
(2021) 16 Supreme Court Cases 503; judgment of 21 January 2020
A disqualification petition under the Tenth Schedule must be decided by the Speaker within a reasonable period, which absent exceptional circumstances is about three months. The Court also questioned whether the Speaker, being a member of a political party, is the appropriate authority to adjudicate such petitions.
constitutional-lawanti-defectiontenth-schedulespeakerreasonable-periodthree-monthsindependent-tribunaldelay
Read case brief →Supreme Court of India2020
(2020) 6 Supreme Court Cases 1
Whether a Bill answers the definition of a Money Bill in Article 110 is a question of constitutional interpretation, and the finality of the Speaker's certificate is not settled. The question was referred to a larger Bench, doubting Mohd. Saeed Siddiqui. Rules restructuring tribunals were struck down for excessive delegation.
constitutional-lawmoney-billarticle-110tribunalsexcessive-delegationfinance-act-2017judicial-review
Read case brief →Supreme Court of India2020
(2020) 2 Supreme Court Cases 569
For Section 24(2) of the LARR Act 2013 to apply, the landowner must establish that physical possession was not taken and compensation was not paid; the burden is on the landowner
LARR-ActSection-24deemed-lapsepossessioncompensationland-acquisition
Read case brief →Supreme Court of India2020
(2020) 11 Supreme Court Cases 1
For foreign awards under S.48, 'public policy' is narrower than for domestic awards; patent illegality is NOT a ground; Indian courts must adopt pro-enforcement approach
ADRsection-48foreign-awardspublic-policypro-enforcementNew-York-Conventionlandmark
Read case brief →Supreme Court of India2020
(2020) 9 Supreme Court Cases 1
Daughters have coparcenary rights by birth in the Hindu Undivided Family, equal to sons, under the substituted Section 6 of the Hindu Succession Act 1956 (as amended in 2005), irrespective of whether the father coparcener was alive on the date of the 2005 amendment.
coparcenarydaughters-rightsection-6hindu-succession-actretroactive
Read case brief →Supreme Court of India2019
(2019) 14 Supreme Court Cases 656
Courts should actively promote mediation in motor accident claims; directed establishment of mediation centres in all districts for speedy compensation
ADRmediationmotor-accidentMACT
Read case brief →Supreme Court of India2019
(2019) 4 Supreme Court Cases 130; judgment of 22 January 2019
A marriage between a Muslim man and a Hindu woman is neither valid nor void but irregular (fasid) under Muhammadan law. An irregular marriage subsists until terminated in accordance with law, so the child born of such a marriage is legitimate exactly as the child of a valid marriage is, and is entitled to claim a share in the father's property. The wife in such a marriage is entitled to her dower but does not inherit from the husband.
muslim-lawirregular-marriagefasidbatillegitimacyinheritanceinterfaith-marriage
Read case brief →Supreme Court of India2019
(2019) 3 Supreme Court Cases 381
The question of whether patents on transgenic plant varieties and seeds are excluded under Section 3(j) requires trial; patent rights cannot be negated at interlocutory stage
patentplantsseedssection-3jBt-cottonbiotechnologyPPVFR-Act
Read case brief →Supreme Court of India2019
(2020) 20 Supreme Court Cases 760
Unilateral appointment clauses where one party alone appoints the sole arbitrator are invalid; violates equality between parties in arbitral process
ADRunilateral-appointmentsection-12party-equalityPSU-contractslandmark
Read case brief →Supreme Court of India2019
(2019) 15 Supreme Court Cases 360
Input Tax Credit on construction of immovable property intended for letting out (commercial use) cannot be denied if letting out is the business.
taxation-lawitcimmovable-propertyletting-outgst
Read case brief →Supreme Court of India2019
(2019) 15 Supreme Court Cases 131
Post-2015 Amendment, patent illegality does not include erroneous application of law or reappreciation of evidence; courts cannot act as appellate courts on facts under S.34
ADRsection-34patent-illegality2015-amendmentlandmark
Read case brief →Supreme Court of India2019
(2019) 11 Supreme Court Cases 341
S.148 NI Act (deposit for appeal) is procedural and applies retrospectively to all appeals filed after the 2018 Amendment
NI-Act2018-amendmentS148retrospectiveappealdepositprocedural-law
Read case brief →Supreme Court of India2019
(2019) 4 Supreme Court Cases 17
IBC is constitutionally valid; distinction between financial and operational creditors is rational; financial creditor dominance in CoC is justified
IBCconstitutional-validityfinancial-creditoroperational-creditorCoCinsolvency
Read case brief →2019
2019 SCC OnLine Bombay 1475
A statutory license under S.31D of the Copyright Act does not cover internet/online streaming; streaming services need direct licenses from copyright owners.
it-lawstatutory-licensestreamingcopyrightsection-31d
Read case brief →2018
2018 SCC OnLine Delhi 8502
Sending offensive messages through electronic communication constitutes an offence under S.66A IT Act (struck down) and S.354D IPC; cyber-stalking is a cognizable offence.
it-lawcyber-stalkingoffensive-messagessection-66a
Read case brief →Supreme Court of India2018
(2018) 6 Supreme Court Cases 287
2015 Amendment (removal of automatic stay under S.36) applies retrospectively to all S.34 applications pending as on 23.10.2015; later overruled by S.87 (2019 Amendment)
ADRsection-36automatic-stay2015-amendmentretrospective
Read case brief →Supreme Court of India2018
(2018) Unreported; Delhi HC / SC directions on Family Court representation
The bar on legal representation in Family Courts under S.13 is not absolute; court must grant permission liberally where a party would be substantially prejudiced without representation
ADRfamily-courtslegal-representationsection-13
Read case brief →Delhi High Court2018
CS(COMM) 690/2018, Delhi High Court
Design piracy: overall visual impression test; minor differences do not negate piracy if essential features are reproduced
designspiracybottle-shapevisual-impression
Read case brief →2018
253 (2018) Delhi Law Times 728
An e-commerce platform that actively promotes counterfeit goods loses intermediary safe harbour under S.79; distinction between active and passive intermediary.
it-lawintermediaryactive-vs-passivee-commercecounterfeit
Read case brief →Supreme Court of India2018
(2018) 3 Supreme Court Cases 343
Daughters are entitled to a share as coparceners in ancestral property under the amended Section 6 of the Hindu Succession Act even where a partition suit was filed before the 2005 amendment came into force, so long as the partition had not been finally effected by a registered instrument or final decree before that date.
coparcenarydaughters-rightsection-6hindu-succession-actpending-partition-suit
Read case brief →Supreme Court of India2018
(2018) 12 Supreme Court Cases 471
Expiry of limitation for underlying claim does not terminate the arbitrator's mandate; time-bar is for the tribunal to decide on merits under Kompetenz-Kompetenz
ADRsection-14limitationmandatekompetenz-kompetenz
Read case brief →Supreme Court of India (Five-Judge Constitution Bench)2018
(2019) 11 Supreme Court Cases 1
The exclusion of women in the 10 to 50 age group from entering the Sabarimala temple violates Articles 14, 15, 17, 19, 21, and 25(1); the practice is not an essential religious practice protected under Article 25, and a public place of worship cannot exclude women based on physiological characteristics.
article-25essential-religious-practicegender-equalitysabarimalafreedom-of-religion
Read case brief →Supreme Court of India2018
(2018) Supreme Court Cases OnLine SC (continuing proceedings)
Sustained judicial oversight, applying a continuing mandamus approach, is necessary to ensure genuine, effective implementation of established regulatory frameworks, beyond their mere formal establishment.
air-pollutiongrapcontinuing-mandamusdelhi
Read case brief →Supreme Court of India2018
(2018) 4 Supreme Court Cases 433
The JJ Act 2015 mandates that no juvenile shall be kept in a jail or police lockup at any stage. Child-friendly approach must permeate all interactions with juveniles in conflict with law. Compliance with institutional care standards is mandatory, not aspirational.
juvenile-justiceprotectioninstitutional-carechild-friendlyJJ-Act-2015sem-5
Read case brief →Supreme Court of India2018
(2018) 16 Supreme Court Cases 368
The right to marry a person of one's choice is integral to the fundamental right to life and personal liberty under Article 21; courts cannot annul a marriage between consenting adults on the ground of interference by parents or third parties, and habeas corpus proceedings cannot be used to override an adult's choice of spouse.
right-to-marryarticle-21choice-of-partnerhabeas-corpushadiya-case
Read case brief →Supreme Court of India2018
(2018) 3 Supreme Court Cases 622
When granting stay under S.36(3), courts should ordinarily impose conditions (security deposit, bank guarantee) to protect the award-holder from prejudice
ADRsection-36stayconditionsenforcement
Read case brief →Supreme Court of India2018
(2018) 5 Supreme Court Cases 388 (or connected matter concerning RTI applicability to constitutional offices)
The Right to Information Act, 2005 must be interpreted to balance the citizen's right to information against legitimate concerns of confidentiality and the efficient functioning of public institutions, including judicial and quasi-judicial bodies; disclosure obligations under the Act extend to constitutional and public authorities, subject to the specific exemptions carved out under the statute itself.
right-to-informationrti-actdisclosure-obligationsexemptions
Read case brief →Supreme Court of India2017
(2017) 8 Supreme Court Cases 746
The six-month cooling-off period under S.13B(2) of the Hindu Marriage Act for divorce by mutual consent is not mandatory; the court may waive or reduce it in appropriate cases where the marriage has irretrievably broken down and the waiting period would serve no purpose.
divorcemutual-consentcooling-periodsection-13Birretrievable-breakdownwaiver
Read case brief →Supreme Court of India (Constitution Bench)2017
(2017) 2 Supreme Court Cases 228
Two-tier arbitration clauses (domestic arbitration as first tier, international arbitration as appellate tier) are valid and enforceable under party autonomy
ADRmulti-tiertwo-tier-arbitrationparty-autonomyinternational
Read case brief →Supreme Court of India2017
(2017) 8 Supreme Court Cases 522
A 'Joint Development Agreement' does not amount to 'transfer' under S.2(47) unless possession is handed over under S.53A of the TPA.
taxation-lawcapital-gainstransferjoint-development-agreement
Read case brief →Supreme Court of India2017
(2017) 10 Supreme Court Cases 1
Right to privacy is a fundamental right under Art.21; any interference must satisfy triple test of legality, legitimate aim, and proportionality
IT-lawprivacyArt-21fundamental-rightdata-protectionPuttaswamylandmark
Read case brief →Supreme Court of India2017
(2017) 15 Supreme Court Cases 801
In determining maintenance pendente lite under Section 24 of the Hindu Marriage Act, the financial capacity, income, and status of the husband, along with the reasonable needs of the wife, must be considered; the wife's own independent income, if any, does not automatically disentitle her to interim maintenance.
maintenance-pendente-litesection-24-hmainterim-maintenancewifes-income
Read case brief →Supreme Court of India2017
(2017) 9 Supreme Court Cases 641
Inherent powers under S.482 (now S.528 BNSS) can be exercised to quash even non-compoundable offences if the dispute is essentially private and parties have settled.
quashingsettlementnon-compoundableinherent-powersS.528-BNSSsem-5
Read case brief →Supreme Court of India (five Judge Constitution Bench)2017
(2017) 9 Supreme Court Cases 1; All India Reporter 2017 Supreme Court 4609; judgment of 22 August 2017
Talaq-e-biddat, instantaneous and irrevocable triple talaq, is set aside. Nariman and Lalit JJ held it manifestly arbitrary and violative of Art.14, and struck down S.2 of the Muslim Personal Law (Shariat) Application Act 1937 to the extent it recognised the practice, that section being law in force within Art.13(1). Kurian Joseph J held the practice contrary to the basic tenets of the Quran and therefore in violation of Shariat itself. Only two of the five Judges held the 1937 Act unconstitutional in part.
muslim-lawtriple-talaqtalaq-e-biddatarticle-14article-13article-25shariat-act-1937manifest-arbitrariness
Read case brief →Supreme Court of India2017
(2017) 12 Supreme Court Cases 127
Probation and parole are reformative measures meant to rehabilitate offenders. Courts should liberally grant probation to first-time offenders convicted of lesser offences, particularly women and young offenders, keeping in view the nature of offence, character of offender, and circumstances.
probationparolereformationsentencingfirst-offendersem-5
Read case brief →Delhi High Court2017
2017 SCC OnLine Delhi 7810
Copyright owners can seek injunction against platforms hosting infringing content; S.79 safe harbour does not protect platforms with actual knowledge of infringement.
it-lawcopyrightintermediaryinjunctionsafe-harbouractual-knowledge
Read case brief →Supreme Court of India2017
(2017) 8 Supreme Court Cases 377
A person who is ineligible to be appointed as arbitrator under S.12(5) cannot nominate another person as arbitrator; the power to nominate is derivative
ADRsection-12appointmentineligibilitynomination-powerlandmark
Read case brief →Supreme Court of India2016
(2017) 12 Supreme Court Cases 1; judgment of 11 November 2016
The concept of compensatory tax has no basis in the Constitution and is discarded. A tax simpliciter is not a restriction on the freedom guaranteed by Article 301. The enquiry in the case of a State tax is whether it discriminates between imported goods and similar goods produced within the State under Article 304(a).
constitutional-lawarticle-301article-304compensatory-taxentry-taxdiscriminationinterstate-tradepart-xiii
Read case brief →Supreme Court of India2016
(2016) 7 Supreme Court Cases 353
Regulation of professional education constitutes a reasonable restriction under Art.19(6) on Art.19(1)(g); the 'doctrine of proportionality' (four-part test: legitimate goal, suitability, necessity, balance) governs the validity of such restrictions.
article-19-1-garticle-19-6proportionalityprofessional-educationreasonable-restriction
Read case brief →Supreme Court of India2016
(2016) 8 Supreme Court Cases 1
Article 163(1) confers no general discretionary power on the Governor. His discretion is confined to functions which the Constitution expressly requires him to exercise in his discretion, or which arise by necessary implication. Summoning, proroguing and dissolving the House under Article 174 must be done on ministerial advice.
constitutional-lawarticle-163article-174article-175governordiscretionstatus-quo-antejudicial-review
Read case brief →Supreme Court of India2016
(2016) 2 Supreme Court Cases 36
The rights conferred on daughters as coparceners under the 2005 amendment to Section 6 of the Hindu Succession Act are prospective; a daughter can claim coparcenary rights only if both the daughter and her father coparcener were alive on the date the amendment came into force, 9 September 2005. This position was later disapproved in Vineeta Sharma v Rakesh Sharma (2020).
coparcenarydaughters-rightsection-6hindu-succession-actprospectiveoverruled
Read case brief →Delhi High Court (Division Bench)2016
CS(OS) 2439/2012, Delhi High Court
Photocopying portions of textbooks for educational instruction falls within the fair dealing exception under S.52(1)(i) of the Copyright Act, even when done through a commercial intermediary
copyrightfair-dealingsection-52educationphotocopycourse-pack
Read case brief →Supreme Court of India2015
(2015) 10 Supreme Court Cases 1
An unwed Christian mother can apply to be appointed the sole natural guardian of her child without notice to the putative father, since the welfare of the child is paramount and the father's role in such circumstances is often peripheral; the Court extended similar reasoning across personal law contexts for unwed mothers.
unwed-mothernatural-guardianwelfare-of-childnotice-to-father
Read case brief →Supreme Court of India2015
(2015) 3 Supreme Court Cases 49
Courts cannot act as appellate courts under S.34; even if court disagrees with tribunal's factual findings, it cannot set aside unless the approach is perverse
ADRsection-34evidenceperversityno-appellate-review
Read case brief →Supreme Court of India2015
AIR 2015 Supreme Court 3467
20+ years of open, peaceful use as of right establishes a prescriptive easement that cannot be unilaterally extinguished
property-laweasementssection-15prescriptionright-of-way
Read case brief →Supreme Court of India2015
(2015) 7 Supreme Court Cases 316
Rental income from property whose main object is letting is assessable under 'House Property' and not 'Business Income'.
taxation-lawrental-incomehouse-propertymain-object
Read case brief →Delhi High Court2015
FAO (OS) 188/2009, Delhi High Court
Public interest in access to life-saving drugs may limit patent injunction; damages can be adequate alternative remedy
patentsinfringementinjunctionpublic-interestpharmaceuticalaccess-to-medicines
Read case brief →Supreme Court of India2015
(2015) 4 Supreme Court Cases 136
Forfeiture of earnest money under Section 74 is permissible only where the forfeiting party proves loss, or where the amount is a genuine pre-estimate of damage; unconscionable forfeiture without proof of loss is not sustainable.
section-74earnest-moneyforfeitureliquidated-damagesDDA
Read case brief →Supreme Court of India2015
(2015) 6 Supreme Court Cases 287
Before a Magistrate takes cognizance on a private complaint, he must apply judicial mind and may direct preliminary inquiry to verify the truthfulness of allegations. Courts must prevent abuse of criminal process through frivolous complaints.
complaintcognizanceabuse-of-processpreliminary-inquiryS.223-BNSSsem-5
Read case brief →Supreme Court of India2015
(2015) 5 Supreme Court Cases 1
S.66A IT Act unconstitutional (vague, overbroad, violates Art.19(1)(a)); S.79 intermediary liability triggered only by court order or government notification, not private complaint.
IT-lawS66AArt-19freedom-of-speechintermediary-liabilitylandmark
Read case brief →Patna High Court2015
(2015) 4 PLJR 283
Legal aid is a fundamental right under Article 21; an advocate providing legal aid must maintain the same standard of diligence as in a paid brief.
professional-ethicslegal-aidarticle-21duty-to-public
Read case brief →Supreme Court of India2015
(2016) 5 Supreme Court Cases 1; judgment of 16 October 2015
Primacy of the judiciary in the appointment of Judges is an element of the independence of the judiciary, which is part of the basic structure. The Constitution (Ninety-ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 were struck down, and the collegium revived.
constitutional-lawnjacarticle-124aarticle-368basic-structurejudicial-independencecollegiumfourth-judges-case
Read case brief →2015
2015 SCC OnLine Delhi 8488
Standard Essential Patent (SEP) holders must license on FRAND terms; refusal to license on FRAND terms may constitute abuse of dominant position.
it-lawsepfrandpatentabuse-of-dominancetelecom
Read case brief →2014
573 U.S. 208 (2014)
Abstract ideas implemented on a generic computer are not patent-eligible; mere computerization of a conventional business method does not make it patentable (US Supreme Court).
it-lawsoftware-patentabstract-ideapatent-eligibilityus-law
Read case brief →Supreme Court of India2014
(2014) 10 Supreme Court Cases 473
S.65B(4) certificate is mandatory for admission of secondary electronic evidence; oral evidence cannot substitute for the statutory certificate
IT-lawelectronic-evidenceS65BcertificateadmissibilityBSA-S58landmark
Read case brief →Supreme Court of India2014
(2014) 8 Supreme Court Cases 273
Police must not automatically arrest in cognizable offences punishable with up to 7 years. Conditions under S.41(1)(b) CrPC (now S.35(3) BNSS) must be satisfied and reasons recorded.
arrestpolice-powerarticle-21S.35-BNSSguidelinessem-5
Read case brief →Delhi High Court2014
W.P.(C) 1323/2013, Delhi High Court (2014)
Compulsory licence under S.84 upheld on appeal; IPAB and Controller's order granting CL to Natco affirmed
patentcompulsory-licenceappealsection-84sorafenib
Read case brief →Supreme Court of India2014
(2014) 9 Supreme Court Cases 129
Jurisdiction for S.138 lies where the cheque was delivered/drawn (legislatively overruled by S.142A in 2015)
NI-ActjurisdictionS138S142Aterritorial-jurisdictionoverruled
Read case brief →2014
Case C-131/12
Individuals have a 'right to be forgotten': search engines must delist outdated or irrelevant personal information upon request (CJEU).
it-lawright-to-be-forgottenprivacysearch-enginegdpreu-law
Read case brief →Supreme Court of India2014
(2014) 2 Supreme Court Cases 1
Registration of FIR is mandatory under S.154 CrPC (now S.173 BNSS) when information discloses a cognizable offence. Preliminary inquiry (max 7 days) permissible only where cognizability is unclear.
FIRmandatory-registrationcognizablepolice-dutyS.173-BNSSsem-5
Read case brief →Supreme Court of India2014
(2014) 10 Supreme Court Cases 1
Tribunals must have judicial members with qualifications comparable to HC judges for deciding questions of law; technical members cannot decide pure legal questions alone
ADRtribunalsNCLTjudicial-independencecomposition
Read case brief →Supreme Court of India2014
(2014) 11 Supreme Court Cases 415
The Speaker's certificate that a Bill is a Money Bill is final and conclusive, and the validity of legislative proceedings cannot be questioned on the ground of an irregularity of procedure. The correctness of the certification is therefore not open to judicial review.
constitutional-lawmoney-billarticle-110article-199article-212speakers-certificatenon-justiciability
Read case brief →2014
2014 SCC OnLine Delhi 3484
Disputes arising from IT service agreements are subject to arbitration where the agreement contains an arbitration clause; the scope of arbitrability extends to software disputes.
it-lawarbitrationit-servicessoftware-dispute
Read case brief →Supreme Court of India2014
(2014) 3 Supreme Court Cases 1
Inordinate delay in disposal of mercy petition violates Art. 21 and constitutes ground for commutation of death sentence to life imprisonment.
death-penaltymercy-petitiondelaycommutationarticle-21S.472-BNSSsem-5
Read case brief →Supreme Court of India2014
(2014) 2 Supreme Court Cases 433
For enforcement of foreign awards under S.48, 'public policy' does not include 'patent illegality'; scope is narrower than S.34 for domestic awards
ADRsection-48foreign-awardspublic-policyno-patent-illegalityNew-York-Convention
Read case brief →2014
FIR No. 01/2015, NIA Special Court, Bengaluru
Operating social media accounts to propagate terrorist ideology and recruit for terrorist organizations constitutes cyber-terrorism under S.66F of the IT Act.
it-lawcyber-terrorismsocial-mediasection-66frecruitment
Read case brief →Supreme Court of India2014
(2014) 8 Supreme Court Cases 682
Access to justice cannot be blocked by procedural requirements protecting corrupt officials; reinforced need for independent anti-corruption mechanisms
ADRlokpalanti-corruptionsanctionaccess-to-justice
Read case brief →Supreme Court of India2014
(2014) 8 Supreme Court Cases 390
JJ Act 2000's uniform 18-year threshold for juvenility is constitutionally valid. Legislature has prerogative to fix age of criminal responsibility based on scientific evidence and international obligations.
juvenile-justiceage-thresholdconstitutional-validitynirbhayaarticle-14sem-5
Read case brief →Delhi High Court2014
2014 (60) PTC 290 (Del)
In process patent infringement cases, Section 104A reverses the burden of proof onto the defendant to show that the process used is different from the patented process
patentinfringementprocess-patentburden-of-proofsection-104A
Read case brief →2014
2014 SCC OnLine Delhi 1006
Using a well-known international trademark in a domain name and for online merchandise sale constitutes infringement and passing off; global reputation extends to cyber space.
it-lawtrademarkdomain-namewell-known-markglobal-reputation
Read case brief →Supreme Court of India2013
(2013) 4 Supreme Court Cases 465
The right to a fair hearing includes the right to cross-examine witnesses whose statements are relied upon against a party; where a party is denied a genuine opportunity to test evidence through cross-examination, and that evidence is nonetheless relied upon to the party's detriment, the resulting decision is vitiated for breach of natural justice and the principles of a fair hearing.
fair-hearingcross-examinationnatural-justiceright-to-be-heard
Read case brief →Intellectual Property Appellate Board (IPAB)2013
ORA/35/2012/PT/MUM, IPAB Order dated 4 March 2013
IPAB upheld India's first compulsory licence; affordability and local working are valid grounds under S.84; reduced royalty from 6% to 7%
patentcompulsory-licencesection-84TRIPSaccess-to-medicinesIPAB
Read case brief →Supreme Court of India2013
(2013) 8 Supreme Court Cases 234
Courts continue to engage with specific wildlife conservation implementation and strategy questions beyond the Wildlife Protection Act's foundational statutory framework alone.
wildlife-protectionhabitat-protectionendangered-species
Read case brief →2013
2013 SCC OnLine Delhi 3626
Broadcasting private conversations without consent violates right to privacy; unauthorized interception is punishable under the IT Act.
it-lawprivacyinterceptionbroadcastingit-act
Read case brief →Supreme Court of India2013
(2013) 15 Supreme Court Cases 755
Not every live-in relationship qualifies as a 'relationship in the nature of marriage' under the Protection of Women from Domestic Violence Act, 2005; the Court laid down guiding criteria to determine when a live-in relationship attracts the protections of the Act, and held a relationship with a man who was already married does not qualify.
live-in-relationshipdomestic-violence-actrelationship-in-nature-of-marriagepalimony
Read case brief →Supreme Court of India2013
(2013) 5 Supreme Court Cases 226
Courts must explore mediation/conciliation in matrimonial disputes before granting divorce; Family Courts should actively refer to mediation centres
ADRmediationfamily-courtsmatrimonialreconciliation
Read case brief →Supreme Court of India2013
(2013) 6 Supreme Court Cases 1
S.3(d): 'efficacy' means therapeutic efficacy for pharmaceuticals; new form of known substance must show significantly enhanced therapeutic efficacy to be patentable
patentsS3devergreeningpharmaceuticalTRIPSpublic-health
Read case brief →Supreme Court of India2013
(2013) 7 Supreme Court Cases 705
Age of 18 as juvenility threshold is based on scientific understanding of adolescent brain development and UNCRC; not arbitrary under Art. 14.
juvenile-justiceage-thresholdbrain-developmentarticle-14UNCRCsem-5
Read case brief →Supreme Court of India2013
(2013) 12 Supreme Court Cases 220
Trial before Court of Session requires compliance with procedural safeguards including proper framing of charge, recording of evidence in presence of accused, and opportunity for cross-examination. Non-compliance with these fundamental requirements vitiates the trial.
sessions-trialprocedural-safeguardsfair-trialcharge-framingsem-5
Read case brief →Supreme Court of India2012
(2012) 12 Supreme Court Cases 406
Jurisdiction of criminal courts is determined by the place where the offence is committed or where its consequences ensue, not merely by the residence of the accused or complainant.
jurisdictionplace-of-trialS.211-BNSSterritorial-jurisdictionsem-5
Read case brief →Supreme Court of India (Constitution Bench)2012
(2012) 9 Supreme Court Cases 552
Part I of the 1996 Act applies only where the seat of arbitration is in India; Indian courts have no supervisory jurisdiction over foreign-seated arbitrations (Seat Theory)
ADRinternational-arbitrationseat-theoryPart-Ilandmarkconstitution-bench
Read case brief →Supreme Court of India2012
(2012) 8 Supreme Court Cases 623
The NGT's specialised statutory jurisdiction and the High Courts' constitutional writ jurisdiction must be reconciled without either undermining the other's proper function.
bhopalnational-green-tribunalwrit-jurisdiction
Read case brief →Supreme Court of India2012
(2012) 5 Supreme Court Cases 792
Proclamation and attachment under S.82/83 CrPC (now S.84/85 BNSS) require strict compliance with prescribed procedure. Attachment without valid proclamation or before expiry of the stipulated time is illegal.
proclamationattachmentabsconding-accusedS.84-BNSSS.85-BNSSsem-5
Read case brief →Supreme Court of India2012
(2012) 9 Supreme Court Cases 408
The role of the prosecutor is to act as an officer of the court and assist in administration of justice, not merely to secure a conviction. A fair trial requires the prosecutor to be fair to the accused and place all material evidence before the court, including that which favours the defence.
prosecutorfair-trialduty-of-prosecutorofficer-of-courtsem-5
Read case brief →Controller of Patents, Mumbai2012
Compulsory Licence Application No. 1/2011, Controller of Patents (2012)
India's first compulsory licence was granted under Section 84 where the patented drug was not available at a reasonably affordable price and the patent was not worked in India
patentcompulsory-licencesection-84pharmaceuticalpublic-healthTRIPS
Read case brief →International Criminal Court (Trial Chamber I)2012
ICC-01/04-01/06 (2012)
Conscripting and enlisting children under 15 and using them in hostilities is a war crime under Article 8(2)(e)(vii) of the Rome Statute; first ICC conviction
ICCrome-statutechild-soldierswar-crimesindividual-criminal-responsibilityfirst-conviction
Read case brief →Supreme Court of India2012
(2012) 1 Supreme Court Cases 40
Bail is the rule, jail the exception. In non-bailable offences, relevant factors are nature of accusation, severity of punishment, flight risk, and prima facie case.
bailnon-bailablepersonal-libertyarticle-21sem-5
Read case brief →Supreme Court of India2012
(2012) 1 Supreme Court Cases 455
Compensatory costs under Section 35A CPC are available only where a claim or defence is proved to be false and the party knew it was false at the time of making it. Mere failure of a claim is not enough to attract compensatory costs.
CPCcompensatory-costssection-35Afalse-claimknowledge-of-falsity
Read case brief →Supreme Court of India2012
(2012) 1 Supreme Court Cases 656
Transfer of immoveable property only by registered sale deed; GPA transactions do not convey title
property-lawGPAsale-deedregistrationsection-54
Read case brief →Supreme Court of India2012
(2012) 1 Supreme Court Cases 656
Sale of immovable property through GPA + Agreement to Sell + Will is not a valid mode of transfer; only a registered sale deed conveys title
property-lawTPAsection-54GPAregistrationlandmark
Read case brief →Supreme Court of India2011
(2011) 5 Supreme Court Cases 532
Laid down categories of non-arbitrable disputes in India: rights in rem, criminal offences, matrimonial status, insolvency, testamentary matters, patent validity
ADRnon-arbitrabilityrights-in-remlandmark
Read case brief →Supreme Court of India2011
(2011) 8 Supreme Court Cases 497
Evaluated answer sheets are 'information' under RTI Act S.2(f) and can be disclosed; but RTI should not be used to paralyze administration
administrative-lawRTIanswer-sheetsinformationS-2flimits-of-RTI
Read case brief →Andhra Pradesh High Court2011
(2011) 332 Income Tax Reports 130 (AP)
Retrospective tax legislation must satisfy the test of reasonableness under Art.14 and Art.265; confiscatory or impossible-compliance retrospective taxation may be struck down.
taxationconstitutional-lawarticle-265retrospective-taxationreasonableness
Read case brief →2011
(2011) 1 Supreme Court Cases 169
Use of a well-known trademark as part of a domain name by an unrelated entity constitutes cyber-squatting and passing off.
it-lawdomain-namewell-known-markcyber-squattingpassing-off
Read case brief →Supreme Court of India2011
(2011) 2 SCC 532
Oral evidence is inadmissible to prove the contents of a document when the document exists and is available; contents must be proved by the document itself.
evidence-lawdocumentary-evidenceoral-evidencebest-evidence-rulesection-91
Read case brief →Supreme Court of India2011
(2011) 9 Supreme Court Cases 1
After the 44th Amendment, the right to property is a constitutional right under Article 300A requiring authority of law for deprivation; eminent domain power must satisfy the test of public purpose and fair compensation
eminent-domainright-to-propertyArticle-300A44th-Amendmentcompensationpublic-purpose
Read case brief →Supreme Court of India2011
(2011) 11 Supreme Court Cases 657
PF contributions must be calculated on basic wages plus dearness allowance. Allowances that are universally paid and linked to price index are part of basic wages for PF computation.
EPFbasic-wagesdearness-allowancePF-computation
Read case brief →Supreme Court of India2011
(2011) 1 Supreme Court Cases 694
Acquittal carries double presumption of innocence. Appellate court can reverse only if trial court's view is perverse, impossible, or ignores material evidence.
appealacquittaldouble-presumptionperversitystandard-of-reviewsem-5
Read case brief →Supreme Court of India2011
(2011) 14 Supreme Court Cases 66
A valid arbitration agreement under S.7 must evince clear intention to submit disputes to arbitration; mere use of the word 'arbitration' without clear intention is insufficient
ADRsection-7arbitration-agreementintention
Read case brief →Supreme Court of India2010
(2010) 8 Supreme Court Cases 24
Comprehensive guidelines for operation of S.89 CPC; court cannot compel arbitration without agreement but can direct mediation/conciliation; classified cases suitable/unsuitable for ADR
ADRsection-89CPCmediationconciliationguidelineslandmark
Read case brief →Supreme Court of India2010
(2010) 6 Supreme Court Cases 331
The doctrine of pleasure in Article 156(1) is not subject to any limitations and requires no reasons, but the power cannot be exercised arbitrarily, capriciously or for irrelevant or extraneous reasons. A change of government at the Centre is not by itself a ground for removing a Governor.
constitutional-lawarticle-155article-156governordoctrine-of-pleasureremovalarbitrarinessjudicial-review
Read case brief →Delhi High Court2010
2010 (42) PTC 361 (Del)
Mere accessibility of a website does not confer jurisdiction; court must apply 'purposeful availment' or 'targeting' test for internet jurisdiction
IT-lawjurisdictiontargeting-testinternettrademarkpurposeful-availmentlandmark
Read case brief →Supreme Court of India2010
(2010) 10 Supreme Court Cases 469
To constitute a 'relationship in the nature of marriage' entitling a woman to maintenance under Section 125 CrPC (via the Domestic Violence Act framework), the couple must hold themselves out to society as spouses, be of legal age to marry, be otherwise qualified to marry, have voluntarily cohabited, and have lived together for a significant period.
live-in-relationshipdomestic-violence-actrelationship-in-nature-of-marriagemaintenance
Read case brief →Supreme Court of India2010
(2010) 10 Supreme Court Cases 1
Electronic bank statements are admissible as evidence if accompanied by S.65B certificate under the Indian Evidence Act
electronic-evidenceS65Bbank-statementsadmissibilityIT-Act
Read case brief →Supreme Court of India2010
(2010) 7 Supreme Court Cases 202
Articles 243D(6) and 243T(6) are enabling provisions: reservation for backward classes in local bodies is permitted but not constitutionally compelled. Political reservation requires a separate and rigorous empirical inquiry, and the aggregate of reservation for Scheduled Castes, Scheduled Tribes and backward classes should not exceed fifty per cent of the total seats.
constitutional-lawarticle-243darticle-243treservationbackward-classeslocal-self-governmentfifty-per-cent-ceilingpolitical-reservation
Read case brief →Supreme Court of India2010
Writ Petition (Civil) No. 295 of 2009
AIBE is a valid exercise of BCI's rule-making power under S.7(1)(h) and S.49(1)(af). It does not violate Art. 19(1)(g) as it ensures minimum competence in public interest.
professional-ethicsAIBEbar-examinationBCIarticle-19
Read case brief →Supreme Court of India2010
(2010) 5 Supreme Court Cases 518
Possession taken in pursuance of contract is mandatory for S.53A; without possession, section has no application
property-lawpart-performancesection-53Apossessionmandatory
Read case brief →Supreme Court of India2010
(2010) 7 Supreme Court Cases 263
Involuntary administration of polygraph, narco-analysis, and brain electrical activation profile tests violates Art.20(3) (protection against self-incrimination) and Art.21 (personal liberty and mental privacy); such tests can only be conducted with free, informed, and voluntary consent.
article-20-3self-incriminationnarco-analysispolygraphmental-privacyarticle-21
Read case brief →Supreme Court of India2010
(2010) 8 Supreme Court Cases 300
Order XIV Rule 5 gives the court wide power to frame additional issues at any stage before judgment if necessary to determine the real controversy between the parties. This power should be exercised in the interest of justice.
CPCframing-of-issuesorder-XIV-rule-5additional-issuesreal-controversyjudicial-discretion
Read case brief →Supreme Court of India2010
(2010) 3 Supreme Court Cases 1
Emails constitute valid electronic records under the IT Act; contracts concluded via electronic communication are enforceable
e-contractelectronic-recordsIT-ActS4email-validity
Read case brief →Supreme Court of India2010
(2010) 8 Supreme Court Cases 1
Courts must award actual costs reflecting the true expense of litigation. The practice of awarding nominal or token costs (regardless of actual expense) should be abandoned. Costs should approximate real legal expenses incurred.
CPCcostssection-35actual-costsrealistic-costsnominal-costs-deprecated
Read case brief →Supreme Court of India2009
(2009) 6 Supreme Court Cases 160; All India Reporter 2010 Supreme Court 211; judgment of 6 March 2009
Delivery of possession under Muslim law may be actual or constructive, and may be made in such manner as the subject of the gift is susceptible of. Handing over the deed of gift coupled with the declaration in the document can suffice, and where the donor himself applies for mutation of the property in the donee's name, constructive possession must be held to have been handed over. The conditions of a valid hiba are that the donor be sane, major and owner, that the thing gifted exist and if divisible be separated, that it be lawful under the Shariat and free of things not gifted, and that it come into the possession of the donee or of his representative or guardian.
muslim-lawgifthibaconstructive-deliverymutationtenanted-propertylimitationarticle-59
Read case brief →Supreme Court of India2009
(2009) 2 Supreme Court Cases 656
Section 35(2) CPC makes it mandatory for the court to give reasons if costs are not awarded following the event. A no-costs order without reasons is liable to be set aside.
CPCcostssection-35costs-follow-eventreasons-mandatoryno-costs-order
Read case brief →Madras High Court (Division Bench)2009
2009 (40) PTC 589 (Mad)
In patent infringement suits, the doctrine of equivalents applies in India. A product infringes if it performs substantially the same function in substantially the same way to achieve substantially the same result. Injunction granted against TVS Flame for infringing Bajaj's DTS-i technology patent.
patent-infringementdoctrine-of-equivalentsinjunctionDTS-itwin-spark
Read case brief →Supreme Court of India2009
(2009) 9 Supreme Court Cases 589
Reassessment under S.147/148 requires the AO to have 'reason to believe' that income has escaped assessment; mere change of opinion is not permissible.
taxation-lawreassessmentreason-to-believesection-147
Read case brief →Supreme Court of India2009
(2009) 15 Supreme Court Cases 1
Employer's contribution to an overseas social security scheme for expatriate employees is allowable as business expenditure.
taxation-lawbusiness-expendituresocial-securityallowable-deduction
Read case brief →Supreme Court of India2009
(2010) 12 Supreme Court Cases 278
An employee terminated during maternity leave is entitled to reinstatement. Termination of a woman employee during the period of maternity leave is illegal under the Maternity Benefit Act, 1961. The Act is a beneficial social legislation and must be given liberal interpretation to protect the interests of women workers.
maternity-benefittermination-during-leavereinstatementbeneficial-legislationwomen-workers
Read case brief →Supreme Court of India2009
(2009) 9 SCC 709
Expert medical opinion is advisory, not conclusive; when experts conflict, court evaluates based on reasoning and qualifications and must give reasons for preferring one over another.
evidence-lawexpert-opinionmedical-evidencesection-45medical-negligence
Read case brief →2008
150 (2008) Delhi Law Times 769
The CEO of an intermediary platform (Bazee.com/eBay) is not automatically liable for obscene content uploaded by users; intermediary liability requires knowledge and failure to act.
it-lawintermediary-liabilityobscenityceo-liabilitysection-79
Read case brief →Supreme Court of India2008
2008 (13) SCALE 525
An advocate found guilty of professional misconduct can be suspended from practice; the period of suspension depends on gravity of the misconduct.
professional-ethicsmisconductsuspensionbar-councilstub
Read case brief →Supreme Court of India2008
2008 (37) PTC 1 (SC)
An industrial design must be novel and original at the date of registration; prior publication anywhere in the world defeats novelty
industrial-designnoveltyprior-publicationregistrationDesigns-Act-2000
Read case brief →Supreme Court of India2008
(2008) 1 Supreme Court Cases 1
Copyright in India requires a modicum of creativity beyond mere labour; copy-edited judgments with headnotes, paragraph numbering, and cross-references involve sufficient creativity to attract copyright; raw judicial texts do not
copyrightoriginalityjudgmentsheadnotesmodicum-of-creativitysweat-of-brow
Read case brief →Delhi High Court2008
2008 (37) PTC 399 (Del)
A patent for a pharmaceutical compound (Olanzapine) was held valid. Ranbaxy's challenge on grounds of obviousness and lack of novelty rejected. Process of selection from a known class of compounds can constitute a valid patent if the selection produces unexpected advantages.
patent-validityselection-patentpharmaolanzapineobviousnessnovelty
Read case brief →Supreme Court of India2008
(2008) 9 Supreme Court Cases 726
Equitable mortgage by deposit of title deeds requires only deposit + intent; no writing or registration needed
property-lawmortgageequitable-mortgagedeposit-of-title-deedssection-58f
Read case brief →Supreme Court of India2008
(2008) 6 Supreme Court Cases 573
The power to transfer a suit or proceeding under Section 24 CPC is discretionary and must be exercised on relevant considerations, including balance of convenience to the parties, avoidance of multiplicity of proceedings, and the interests of justice; a transfer is not to be ordered as a matter of course merely because one party expresses inconvenience or apprehension, without cogent grounds.
section-24-cpctransfer-of-suitsdiscretionbalance-of-convenience
Read case brief →Supreme Court of India2008
(2008) 14 Supreme Court Cases 151
Post-trial amendment of pleadings was refused where the party's failure to include the ground earlier was due to lack of due diligence, not impossibility. The 2002 proviso to Order VI Rule 17 (no amendment after commencement of trial except due diligence) was applied strictly.
CPCamendmentorder-VI-rule-17post-trialdue-diligence2002-proviso
Read case brief →Delhi High Court2008
2008 (38) PTC 435 (Del)
Patent infringement is determined by comparing the claims of the patent specification with the alleged infringing product/process; the claims define the monopoly
patentinfringementclaims-constructionsection-48patents-act
Read case brief →Supreme Court of India2008
(2008) 2 Supreme Court Cases 409
Where police refuse to register an FIR, the aggrieved person should approach the Magistrate under S.156(3) CrPC (now S.175(3) BNSS) rather than the High Court under Art.226. The Magistrate can direct police to register FIR and investigate, and can monitor the investigation.
complaintFIRS.175-BNSSmagistrate-powerspolice-investigationsem-5
Read case brief →Supreme Court of India2008
(2008) 2 Supreme Court Cases 660
A regular Lok Adalat cannot decide cases on merits; it can only record settlements arrived at by consensus between parties
ADRlok-adalatconsentsettlementno-adjudicationlandmark
Read case brief →Karnataka High Court2008
AIR 2008 Karnataka 45
Once an easement is extinguished by merger (S.38), it does not automatically revive on subsequent separation of the properties
property-laweasementssection-38mergerextinctionno-revival
Read case brief →Supreme Court of India2007
(2007) 4 Supreme Court Cases 221
Fraud under Section 17 of the Limitation Act includes active concealment by the defendant. Where the right to sue was concealed by fraud, limitation does not run until the plaintiff discovered or ought to have discovered the fraud.
limitation-actsection-17fraudconcealmentdiscoveryfresh-limitation
Read case brief →Supreme Court of India2007
(2007) 7 Supreme Court Cases 1
Transfer pricing: a foreign enterprise is not liable to tax in India if the Indian subsidiary has been adequately compensated at arm's length.
taxation-lawtransfer-pricingarms-lengthpermanent-establishment
Read case brief →Supreme Court of India2007
(2007) 6 Supreme Court Cases 236
Cooperative banks are not 'banks' under the Recovery of Debts Due to Banks Act, 1993 and cannot invoke DRT jurisdiction
cooperative-banksDRTRDDB-Actjurisdictionbanking-definition
Read case brief →Supreme Court of India2007
(2007) 293 Income Tax Reports 226 (SC)
If the deductee has paid tax on the income, the deductor cannot be treated as assessee in default for non-deduction of TDS.
taxationTDSassessee-in-defaultsection-201deductor-liability
Read case brief →Supreme Court of India2007
(2007) 2 Supreme Court Cases 711
Banking Regulation Act is a special law for banking companies; it prevails over general company law where specific provision is made
banking-regulationspecial-lawcompanies-actprecedence
Read case brief →Supreme Court of India (Nine-Judge Bench)2007
(2007) 2 Supreme Court Cases 1
Laws placed in the Ninth Schedule after 24 April 1973 are subject to judicial review if they violate the basic structure of the Constitution.
Ninth-Schedulebasic-structurejudicial-reviewfundamental-rightsland-reforms
Read case brief →Supreme Court of India2007
AIR 2007 Supreme Court 1285
Gift of immovable property without a registered instrument is void under S.123; no title passes regardless of delivery of possession
property-lawTPAsection-123giftregistrationvoidlandmark
Read case brief →Delhi High Court2007
2008 (103) Delhi Reported Judgments 137; Indian Law Reports (2007) II Delhi 1329; 2007 SCC OnLine Delhi 1357; judgment of 3 October 2007
A triple talaq, talaq-e-biddat, even among Sunni Muslims, is to be regarded as one revocable talaq, so that the iddat period remains available for reflection, revocation and reconciliation. A talaq pronounced in extreme anger, where the husband has lost control of himself, is not effective. Communication to the wife is an essential element of pronouncement, and talaq takes effect on the date of communication; if never communicated it does not take effect at all. Where the talaq is irrevocable the reconciliation attempt must precede pronouncement, but where it is revocable the attempt may come before or after pronouncement provided it is before the end of iddat.
muslim-lawtriple-talaqrevocable-talaqcommunicationangeriddatreconciliationdelhi-high-court
Read case brief →Supreme Court of India2007
(2007) 3 Supreme Court Cases 184
Article 105(3) carries an inherent power in each House to punish for contempt, including by expulsion of a member. The exercise of that power is subject to judicial review, but only on limited grounds. Article 122 excludes review for irregularity of procedure, not for substantive illegality.
constitutional-lawprivilegesarticle-105article-122expulsioncontempt-of-housejudicial-reviewnatural-justice
Read case brief →Supreme Court of India2007
(2007) 4 Supreme Court Cases 270; All India Reporter 2007 Supreme Court 1305
The question of disqualification under the Tenth Schedule must be determined as at the date of the act of defection. A Speaker who fails to decide a pending disqualification petition and instead acts on a later claim of split abdicates his jurisdiction, and that failure is itself correctable by the courts.
constitutional-lawanti-defectiontenth-schedulesplitspeakerdelayabdication-of-jurisdictionjudicial-review
Read case brief →Supreme Court of India2007
(2007) 5 Supreme Court Cases 785
For reopening assessment under S.147, the AO needs only 'reason to believe'; at the stage of issuing notice, the sufficiency of reasons is not to be tested.
taxation-lawreopeningsection-147reason-to-believe
Read case brief →Supreme Court of India2007
(2007) 4 Supreme Court Cases 511
The Supreme Court laid down illustrative (not exhaustive) instances of mental cruelty as a ground for divorce, holding that mental cruelty must be assessed on the cumulative effect of conduct over time on the reasonable spouse, rather than by isolated incidents alone.
mental-crueltydivorceillustrative-instancescumulative-effect
Read case brief →Punjab and Haryana High Court2007
AIR 2007 P&H 132
Acceptance of a gift can be implied from conduct such as taking possession, making improvements, and asserting ownership
property-lawTPAsection-122giftacceptanceimplied
Read case brief →Andhra Pradesh High Court2007
(2007) 4 ALD 481
Customer's counter-indemnity obligation crystallises immediately upon bank paying under guarantee; bank entitled to immediate recovery
bank-guaranteecounter-guaranteeindemnityrecoverysubrogation
Read case brief →Supreme Court of India2007
(2007) 14 Supreme Court Cases 568
Each of the recognised elements of malicious prosecution, absence of reasonable cause, malice, favourable termination, and damage, must be independently and specifically established.
malicious-prosecutionreasonable-causemalice
Read case brief →Supreme Court of India2006
(2006) 284 ITR 323 (Supreme Court)
A claim not made in the return cannot be entertained by the AO during assessment proceedings; it must be made by filing a revised return.
taxation-lawrevised-returnclaimassessment-proceedings
Read case brief →Supreme Court of India2006
(2006) 5 Supreme Court Cases 72
S.13(2) SARFAESI notice must clearly specify the amount of debt, the secured asset, and demand repayment within 60 days; defective notice vitiates subsequent action
SARFAESIS13-2noticeprocedural-complianceNPA-recovery
Read case brief →Supreme Court of India2006
AIR 2006 Supreme Court 2846
A mere right to sue for unliquidated damages is not an actionable claim; only claims to determinable sums qualify
property-lawTPAsection-3actionable-claimdamages
Read case brief →Supreme Court of India2006
(2006) 8 Supreme Court Cases 352
The requirement that elections to a Municipality or Panchayat be completed before the expiry of its five year term is mandatory. Pending delimitation, administrative difficulty and want of funds or staff are not valid grounds for postponement, and the State Election Commission stands on the same footing as the Election Commission of India.
constitutional-lawarticle-243uarticle-243elocal-self-governmentstate-election-commissionmandatory-electionsmunicipalitiespanchayats
Read case brief →Supreme Court of India2006
(2006) 7 Supreme Court Cases 1; All India Reporter 2006 Supreme Court 3127
Article 84 states the qualifications for membership of Parliament exhaustively, and residence in the State represented is not among them. The Council of States is not a purely federal chamber, so deleting the residence requirement does not violate federalism. The open ballot in such elections is valid.
constitutional-lawarticle-80article-84council-of-statesrajya-sabhafederalismbasic-structureopen-ballot
Read case brief →Supreme Court of India2006
(2006) 5 Supreme Court Cases 475
An inter-caste or inter-religious marriage between two consenting adults is perfectly legal and valid; no one including family members can threaten or harass the couple; any such harassment or threat of violence is illegal and actionable.
inter-caste-marriageconsentadult-marriageright-to-marryarticle-21honour-killing
Read case brief →Supreme Court of India2006
(2006) 8 Supreme Court Cases 212
Constitutional amendments enabling reservation in promotions for SC/ST (77th, 81st, 82nd, 85th Amendments) are valid, but the state must satisfy three conditions: (a) backwardness of the class, (b) inadequate representation, and (c) no adverse effect on overall administrative efficiency.
article-16-4areservation-in-promotionquantifiable-dataadministrative-efficiency
Read case brief →Supreme Court of India2006
(2006) 8 Supreme Court Cases 702
A legitimate expectation arising from a settled practice, policy, or clear representation of a public authority can be defeated by a change in policy made bona fide in the larger public interest; the doctrine of legitimate expectation does not confer a substantive, indefeasible right, but only a procedural entitlement to fair treatment, including a hearing or reasoned justification, before the expectation is disappointed.
legitimate-expectationpolicy-changepublic-interestprocedural-entitlement
Read case brief →Supreme Court of India2006
AIR 2006 Supreme Court 1675
Irretrievable breakdown of marriage, though not a statutory ground for divorce under the Hindu Marriage Act, should be recognised by the legislature as a ground; the Supreme Court recommended amendment of the Act to include it, and granted divorce on facts amounting to cruelty given the total collapse of the marital relationship.
irretrievable-breakdowncrueltydivorcelegislative-recommendation
Read case brief →Supreme Court of India2006
(2006) 6 Supreme Court Cases 207
Territorial jurisdiction of a court to try an offence, or of a civil court to entertain a suit, must be determined based on where the cause of action, in whole or in part, actually arose; a court cannot assume jurisdiction merely because a party resides within its territorial limits, absent a genuine connection between the cause of action and that territory.
territorial-jurisdictioncause-of-actionforum-selection
Read case brief →Supreme Court of India2006
(2006) 8 Supreme Court Cases 1
Seven directives for police reform: State Security Commission, fixed DGP tenure, fixed SHO tenure, separation of investigation from law and order, Police Establishment Board, Police Complaints Authority, National Security Commission.
police-reformseven-directivesgovernancearticle-21sem-5
Read case brief →Supreme Court of India2006
(2006) 2 Supreme Court Cases 1; All India Reporter 2006 Supreme Court 980
A Governor's report founding action under Article 356 cannot rest on surmise, conjecture or apprehension. He is not a constitutional guardian of political morality, and post-election realignment among parties is not by itself illegitimate. Dissolution of an Assembly on such a report is unconstitutional.
constitutional-lawarticle-356governordissolutionpresidents-rulehorse-tradingjudicial-reviewsuspended-animation
Read case brief →Delhi High Court2006
2006 (32) PTC 656 (Del)
Geographical indications are collective rights that protect the reputation of a region's products; unauthorized use of a GI amounts to passing off and misrepresentation
geographical-indicationGIscotchpassing-offmisrepresentation
Read case brief →Supreme Court of India2006
(2006) 2 Supreme Court Cases 578
Compulsory registration of marriages should be made mandatory across India as a matter of policy, since registration provides prima facie proof of marriage and helps prevent issues like child marriage, bigamy, and denial of maintenance rights.
marriage-registrationcompulsory-registrationevidentiary-valuedirections
Read case brief →2006
(2006) 7 Supreme Court Cases 188
Unauthorized electronic fund transfer due to bank's system failure makes the bank liable for restitution; banks must maintain adequate cyber security.
it-lawelectronic-bankingunauthorized-transfercyber-securitybank-liability
Read case brief →Andhra Pradesh High Court2006
AIR 2006 Andhra Pradesh 126
An easement must accommodate the dominant tenement (benefit the land itself), not merely benefit the owner's personal convenience or business
property-laweasementssection-4accommodationpersonal-benefit
Read case brief →Delhi High Court2005
2005 (30) PTC 253 (Del)
Moral rights under Section 57 survive assignment and protect against destruction of artwork
moral-rightssection-57destructionartworkcopyright
Read case brief →Supreme Court of India2005
(2005) 1 Supreme Court Cases 787; AIR 2005 Supreme Court 626
A defendant against whom an ex parte decree is passed has two concurrent remedies: an application under Order IX Rule 13 to set aside the decree, and an appeal under Section 96(2). Both can be pursued simultaneously but the same grounds cannot be urged in both.
CPCex-parte-decreeorder-IX-rule-13section-96setting-asidesufficient-causeappeal
Read case brief →Supreme Court of India2005
(2005) 7 Supreme Court Cases 467
A Magistrate takes cognizance of an offence and not of an offender. Cognizance is taken at the point when the Magistrate applies mind to the allegations in a complaint/police report and decides to proceed.
cognizancemagistrate-powersS.228-BNSStaking-cognizancesem-5
Read case brief →Supreme Court of India2005
(2005) 5 Supreme Court Cases 733
Reasonable noise regulation, including during festivals and celebrations, appropriately balances cultural and religious expression against the countervailing right to environmental peace.
noise-pollutionsuo-motufestivalszone-based-standards
Read case brief →Supreme Court of India2005
(2005) 6 Supreme Court Cases 1
A mere error of judgment, without more, does not constitute negligence; the standard is reasonable care and skill expected of a reasonably competent practitioner, not guaranteed success.
medical-negligencebolam-standardcriminal-negligence
Read case brief →2005
119 (2005) Delhi Law Times 596
Phishing: fraudulently collecting personal data by impersonating legitimate entities online: is actionable as passing off even in the absence of specific legislation; the Delhi HC recognized phishing as illegal.
it-lawphishingpassing-offcyber-frauddata-theft
Read case brief →Supreme Court of India2005
(2005) 6 Supreme Court Cases 478
A Lok Adalat award passed without genuine consent of both parties is a nullity; consent must be real, not merely formal
ADRlok-adalatconsentnullity
Read case brief →Supreme Court of India2005
(2005) 3 Supreme Court Cases 551
The relevant date for determining whether an accused is a juvenile is the date of commission of the offence, not the date of apprehension or trial.
juvenile-justiceage-determinationdate-of-commissionJJ-Actsem-5
Read case brief →Supreme Court of India2005
AIR 2005 Supreme Court 3353; (2005) 6 Supreme Court Cases 344
S.89 CPC is constitutionally valid; directed framing of mediation rules for civil courts; courts must actively explore ADR in suitable cases
ADRsection-89CPCconstitutional-validitymediation-ruleslandmark
Read case brief →Supreme Court of India2005
(2005) 5 Supreme Court Cases 665; All India Reporter 2005 Supreme Court 2920
Large scale illegal influx of persons into a State can amount to external aggression within Article 355, which casts an enforceable duty on the Union to protect every State against it. A law which by reversing the ordinary burden of proof makes detection of illegal migrants practically impossible is a failure to discharge that duty and is unconstitutional.
constitutional-lawarticle-355external-aggressionillegal-migrationburden-of-proofadministrative-relationsforeigners-act
Read case brief →Supreme Court of India2005
(2005) 3 Supreme Court Cases 636
A divorced Muslim woman is entitled to maintenance under S.125 CrPC (now S.144 BNSS). This secular remedy applies to all women irrespective of religion.
maintenanceS.144-BNSSMuslim-womanseculardivorced-wifesem-5
Read case brief →Supreme Court of India2005
(2005) 7 Supreme Court Cases 400
Doctrine of notional extension extends the course of employment to cover a reasonable route and time of commuting between home and workplace.
compensationnotional-extensioncommuting-accidentcourse-of-employment
Read case brief →Supreme Court of India2005
(2005) 3 Supreme Court Cases 752
The State/Government is not entitled to special treatment in condonation of delay. Departmental delay and internal procedural requirements do not by themselves constitute 'sufficient cause'. The State must meet the same standard as any private litigant.
limitation-actsection-5condonationgovernment-delayno-special-treatmentdepartmental-delay
Read case brief →2005
AIR 2005 Supreme Court 371
Software supplied on a medium (CD/floppy) is 'goods' liable to sales tax; canned software is tangible property even though it embodies intellectual effort.
it-lawsoftware-as-goodssales-taxcanned-softwaretangible-property
Read case brief →Supreme Court of India2004
(2004) 6 Supreme Court Cases 311
Post-Advocates Act, disciplinary jurisdiction over advocates vests exclusively in Bar Councils. Courts retain only contempt jurisdiction, not independent disciplinary power.
professional-ethicsjurisdictiondisciplinarybar-councilhigh-court
Read case brief →Supreme Court of India2004
(2004) 3 Supreme Court Cases 688
In a suit for infringement of trademark or copyright, the plaintiff can institute the suit at a place where it carries on business, under Section 62 of the Copyright Act (and analogous provisions), even if the defendant's infringing acts occurred elsewhere, since these special statutory provisions provide an additional forum beyond the ordinary place-of-suing rules under Section 20 CPC.
place-of-suingspecial-forumcopyright-actsection-62additional-forum
Read case brief →Andhra Pradesh High Court2004
2004 (5) ALD 480
Transfer of land by a tribal to a non-tribal in a Scheduled Area is void ab initio under the AP Scheduled Areas Land Transfer Regulation, 1959 (Regulation 1 of 1959). The tribal is entitled to restoration of land regardless of the period elapsed or the non-tribal's development of the land. The Regulation is a protective legislation and must be given liberal construction.
scheduled-areatribal-land-transfervoid-ab-initioregulation-1-of-1959restorationprotective-legislation
Read case brief →Supreme Court of India2004
(2004) 1 Supreme Court Cases 681
Acceptance by donee is essential for valid gift; acceptance can be implied from conduct (mutation, possession, tax payment)
property-lawgiftacceptancesection-122implied-acceptance
Read case brief →Supreme Court of India2004
(2004) 10 Supreme Court Cases 779
Adverse possession can extinguish ownership; but the SC called the doctrine 'irrational' and suggested Parliament consider reform
adverse-possessionlimitationownershipreformcriticism
Read case brief →Supreme Court of India2004
(2004) 11 Supreme Court Cases 665
The executing court must execute the decree as it stands. It cannot go behind the decree, reopen the underlying dispute, or modify the decree during execution. The decree is final and binding on the executing court.
CPCexecutiondecree-as-it-standsno-modificationexecuting-court-limits
Read case brief →Supreme Court of India2004
(2004) 4 Supreme Court Cases 311
SARFAESI Act is constitutionally valid; but 75% pre-deposit requirement for DRT appeal struck down as making remedy illusory
SARFAESIconstitutional-validitypre-depositS17DRTfundamental-rights
Read case brief →Supreme Court of India2004
(2004) 5 Supreme Court Cases 689
An advocate cannot act against a former client in a matter substantially related to the earlier retainer; duty of confidentiality survives termination of retainer.
professional-ethicsconflict-of-interestduty-to-clientconfidentialityformer-client
Read case brief →Supreme Court of India2004
(2004) 1 Supreme Court Cases 769
A person in settled possession of property, even without title, is entitled to protect that possession against everyone, including the true owner, unless the owner recovers possession through due process of law.
settled-possessionspecific-relief-actsection-6forcible-dispossession
Read case brief →Supreme Court of India2004
(2004) 6 Supreme Court Cases 145
Domain names are entitled to protection equivalent to trademarks; passing off applies to domain name disputes in India
trademarkdomain-namepassing-offinternetcybersquatting
Read case brief →2004
Suit No. 1279/2001 (Delhi High Court)
Sending defamatory emails about an employer to its business associates constitutes cyber defamation; injunction can be granted to prevent further publication.
it-lawcyber-defamationemailinjunctionemployer
Read case brief →Supreme Court of India2004
(2004) 3 Supreme Court Cases 137
When deciding an application for rejection of plaint under Order VII Rule 11, the court must read the plaint as a whole. If any part of the plaint discloses a cause of action, the plaint cannot be rejected.
CPCrejection-of-plaintorder-VII-rule-11cause-of-actionplaint-as-whole
Read case brief →Supreme Court of India2004
(2004) 6 Supreme Court Cases 465
The doctrine of promissory estoppel can be invoked against the government where it has made a clear and unambiguous promise or representation, and a party has acted upon it to its detriment; however, the government can resile from such a promise where overriding public interest requires it, and the burden of establishing that overriding public interest lies on the government seeking to resile.
promissory-estoppellegitimate-expectationpublic-interest-exceptiongovernment-representation
Read case brief →Additional Chief Metropolitan Magistrate, Egmore, Chennai2004
CC No.4680/2004 (Egmore Court, Chennai)
First Indian conviction under the IT Act 2000 (S.67); posting obscene and defamatory content about a woman on internet group is punishable
IT-lawcyber-crimeS67first-convictionobscenitylandmark
Read case brief →Supreme Court of India2004
(2004) 4 Supreme Court Cases 158
Fair trial under Art. 21 includes protection of witnesses. A trial where witnesses are intimidated into turning hostile is not fair.
fair-trialwitness-protectionarticle-21Best-Bakerysem-5
Read case brief →Supreme Court of India2003
(2003) 2 Supreme Court Cases 721
An offer accepted under a voluntary retirement scheme cannot be unilaterally withdrawn by the offeree employee once communicated and acted upon by the employer within the scheme's terms.
revocation-of-acceptancevoluntary-retirement-schemebanking
Read case brief →Bombay High Court2003
(2003) 5 Bombay CR 516
Collecting bank holds cheque proceeds as trustee for the customer until crediting to account; thereafter relationship converts to debtor-creditor
collecting-bankertrusteecheque-collectionconversion-of-relationship
Read case brief →2003
2003 (27) PTC 265 (Delhi)
Domain name identical or deceptively similar to a registered trademark constitutes passing off and trademark infringement in cyber space.
it-lawdomain-namepassing-offtrademarkcyber-squatting
Read case brief →Supreme Court of India2003
(2003) 3 Supreme Court Cases 57
Harmonious construction applied to resolve conflict between two provisions of the Income Tax Act. Neither provision should be rendered redundant; both must be given effect.
harmonious-constructionconflict-between-provisionsincome-taxboth-given-effect
Read case brief →Supreme Court of India2003
(2003) 2 Supreme Court Cases 45
Lawyers have no right to go on strike or boycott courts. Courts should not adjourn cases merely because lawyers are on strike.
professional-ethicsstrikeboycottright-to-practiceadvocates-act
Read case brief →Supreme Court of India2003
(2003) 259 Income Tax Reports 19 (SC)
When S.148 notice is issued, the assessee must file return, raise objections, and AO must pass a speaking order on objections before proceeding with reassessment.
taxationreassessmentsection-148natural-justiceobjectionsspeaking-order
Read case brief →Supreme Court of India2003
AIR 2003 Supreme Court 2632
S.53A protects possession against the transferor and any person claiming under the transferor, including subsequent purchasers
property-lawTPAsection-53Apart-performancesubsequent-purchaser
Read case brief →Supreme Court of India2003
(2003) 7 Supreme Court Cases 133
Fundamental Duties under Art.51A remain non-justiciable and cannot be directly enforced against citizens through judicial compulsion, but the state can promote awareness and compliance through education and policy.
fundamental-dutiesarticle-51anon-justiciablepromotion-of-duties
Read case brief →Supreme Court of India2003
(2003) 4 Supreme Court Cases 481
The object of attachment and sale in execution is to give the decree-holder practical relief, not to financially destroy the judgment-debtor. The executing court must balance the decree-holder's right to enforcement with the judgment-debtor's interest in survival.
CPCexecutionattachmentsalebalance-of-interestsdecree-holderjudgment-debtor
Read case brief →Supreme Court of India2003
(2003) 8 Supreme Court Cases 731
Established tort principles of negligence and compensation assessment apply within the specific statutory framework and procedure the Motor Vehicles Act and its Tribunals provide.
motor-vehicles-actnegligencecompensationtribunal
Read case brief →Supreme Court of India2003
(2003) 10 Supreme Court Cases 375
A conciliation settlement agreement under S.73 cannot be set aside merely because one party later regrets the terms; it is final and binding like an arbitral award
ADRconciliationsettlementsection-73finality
Read case brief →Supreme Court of India2003
(2003) 5 Supreme Court Cases 705
Expanded 'public policy' under S.34 to include 'patent illegality appearing on the face of the award' as a ground for setting aside
ADRsection-34public-policypatent-illegalitylandmark
Read case brief →Supreme Court of India2003
(2003) 8 Supreme Court Cases 319
A counterclaim, once properly set up by a defendant under Order VIII Rule 6A CPC, is treated as a cross-suit and must be adjudicated on its own merits, independent of the fate of the plaintiff's original claim; even if the plaintiff's suit is dismissed, withdrawn, or otherwise disposed of, the counterclaim survives and must be decided by the court.
counterclaimorder-8-rule-6across-suitindependent-adjudication
Read case brief →Supreme Court of India2003
(2003) 1 Supreme Court Cases 557
Rejection of plaint under Order VII Rule 11 is not a dismissal on merits. Order VII Rule 13 expressly permits filing a fresh plaint on the same cause of action after rejection. Rejection does not create res judicata.
CPCrejection-of-plaintorder-VII-rule-11rule-13fresh-plaintres-judicata-not-applicable
Read case brief →Supreme Court of India2003
(2003) 6 Supreme Court Cases 659
Procedural law must be interpreted to advance substantive justice, not obstruct it. Where procedural and substantive provisions conflict, the interpretation that furthers justice prevails.
CPCprocedural-lawsubstantive-justiceliberal-interpretationprocedure-serves-justice
Read case brief →Supreme Court of India2003
AIR 2003 Supreme Court 1533
Delegated legislation (regulations) that exceeds the scope of the parent Act is ultra vires and void.
administrative-lawdelegated-legislationultra-viressem-3
Read case brief →Bombay High Court2003
2003 (27) PTC 81 (Bom)
A television programme format or presentation style does not qualify as a 'work' eligible for copyright protection; there is no copyright in a concept, style, or format
copyrightformatidea-expressiontelevisionoriginality
Read case brief →Supreme Court of India2003
(2003) 6 Supreme Court Cases 581
There is no fundamental right to strike under the Indian Constitution; government employees especially have no moral or equitable justification for strikes
landmarkno-fundamental-right-to-strikegovernment-employeesmass-dismissalArt-19
Read case brief →Supreme Court of India2003
(2003) 263 Income Tax Reports 706 (SC)
Treaty shopping through Mauritius is legitimate; a valid Tax Residency Certificate issued by Mauritius government is conclusive proof of residence for DTAA benefits.
taxationDTAAtreaty-shoppingMauritiusTRCdouble-taxation-reliefsection-90
Read case brief →Supreme Court of India2003
(2003) 6 Supreme Court Cases 195
Investigation, inquiry, and trial are distinct stages of criminal proceedings. Investigation is conducted by police, inquiry by Magistrate, and trial by the competent court. The right to a fair investigation is part of Art.21, and investigation must be completed within reasonable time.
investigationinquirytrialdistinctionS.2-BNSSArt-21sem-5
Read case brief →Supreme Court of India2002
(2002) 4 Supreme Court Cases 247; All India Reporter 2002 Supreme Court 1752
The independence and efficiency of the subordinate judiciary are constitutional imperatives, and the Court may issue structural directions to secure them. Directions were given on pay, the judge to population ratio, direct recruitment of about twenty five per cent of district judges from the Bar, and a limited competitive examination for accelerated promotion.
constitutional-lawsubordinate-judiciaryjudicial-serviceshetty-commissiondirect-recruitmentjudicial-independenceservice-conditions
Read case brief →Supreme Court of India2002
(2002) 1 Supreme Court Cases 367
RBI directions under S.35A of the Banking Regulation Act have statutory force and are binding on all banking companies
banking-regulationRBI-powersS35Adirections
Read case brief →Supreme Court of India2002
(2002) 2 Supreme Court Cases 542
ESI Act applies to casual and temporary workers within covered establishment premises. Casual employment does not exempt from coverage.
ESIcasual-workerstemporary-workerscoverage
Read case brief →Supreme Court of India2002
(2002) 7 Supreme Court Cases 275
Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and establishment of DRTs is constitutionally valid; does not violate Article 14 or 21.
banking-lawdrtconstitutional-validitydebt-recovery
Read case brief →Supreme Court of India2002
(2002) 6 Supreme Court Cases 607
DRTs under RDDB Act are constitutionally valid; they provide adequate adjudicatory mechanism with judicial safeguards
DRTRDDB-Actconstitutional-validitytribunalcivil-court-bar
Read case brief →Rajasthan High Court2002
AIR 2002 Rajasthan 370
The doctrine of pious obligation does not extend to sons' liability for a father's debts that are avyavaharika (illegal, immoral, or tainted, such as debts incurred for gambling or illicit purposes).
pious-obligationavyavaharika-debtsons-liabilitykartaalienation
Read case brief →2002
[2002] HCA 56
For internet defamation, the tort is committed where the publication is downloaded and read, not where it is uploaded; the place of downloading determines jurisdiction (Australian High Court).
it-lawinternet-jurisdictiondefamationplace-of-publicationaustralia
Read case brief →Supreme Court of India2002
(2002) 3 Supreme Court Cases 343
Criminal contempt can lie against any person (not just advocates) for scandalizing or lowering the authority of the court; public figures must exercise restraint.
professional-ethicscontempt-of-courtfree-speechscandalizing-court
Read case brief →Supreme Court of India2002
AIR 2002 Supreme Court 643
Under Section 33(2)(b) of the Industrial Disputes Act, where an employer dismisses a workman for misconduct during the pendency of proceedings and applies to the tribunal for approval, the tribunal's approval must be sought and obtained; if the tribunal does not approve the action, the dismissal remains inoperative, and mere passage of time or delay in seeking approval does not validate an otherwise unapproved dismissal.
section-33-2-bapproval-of-dismissalpendency-of-proceedingsmisconduct
Read case brief →Supreme Court of India2002
(2002) 3 Supreme Court Cases 65
Passing off requires proof of goodwill, misrepresentation, and damage; goodwill extends to areas where trader has reputation even without physical presence
trademarkpassing-offgoodwillmisrepresentationdamage
Read case brief →Supreme Court of India2002
(2002) 3 Supreme Court Cases 65
Passing off requires proof of goodwill, misrepresentation, and damage; goodwill extends to areas where trader has reputation even without physical presence
trademarkpassing-offgoodwillmisrepresentationdamage
Read case brief →Supreme Court of India2002
(2002) 8 Supreme Court Cases 146
A rise in the price of property between the date of agreement and the date of decree is not, by itself, a ground to refuse specific performance; courts may mould relief by directing additional compensation to offset price escalation.
specific-performanceprice-escalationdiscretion-of-courtspecific-relief-act
Read case brief →Supreme Court of India (Seven-Judge Bench)2002
(2002) 5 Supreme Court Cases 111
The determinative factor in deciding whether a body is 'State' under Article 12 is whether it is financially, functionally, and administratively dominated by, or under the deep and pervasive control of, the government; the Ajay Hasia factors are indicative pointers, not a rigid checklist.
article-12deep-and-pervasive-controlinstrumentality-of-statecsirseven-judge-bench
Read case brief →Supreme Court of India2002
(2002) 7 Supreme Court Cases 518; All India Reporter 2002 Supreme Court 3551; judgment of 1 October 2002
A talaq, to be effective, has to be pronounced, and the burden of proving the pronouncement lies on the husband. A talaq must be for reasonable cause and must be preceded by an attempt at reconciliation. A plea of previous divorce taken in a written statement cannot be treated as a pronouncement of talaq on the date of filing the written statement followed by delivery of a copy to the wife.
muslim-lawtalaqpronouncementproof-of-talaqreasonable-causereconciliationwritten-statementsection-125-crpc
Read case brief →2002
306 F.3d 17 (2d Cir. 2002)
Browse-wrap agreements are not enforceable unless the user has actual or constructive notice of the terms; mere availability of terms on a linked page is insufficient (US 2nd Circuit).
it-lawbrowse-wrapnoticeenforceabilityonline-contractus-law
Read case brief →Supreme Court of India (Eleven-Judge Bench)2002
(2002) 8 Supreme Court Cases 481
Private unaided educational institutions, including minority institutions, have a right under Arts.19(1)(g) and 30 to establish and administer institutions, including autonomy over admissions and fee structures, subject to reasonable regulation to ensure merit-based admission and prevent commercialisation.
article-19-1-garticle-30minority-institutionsright-to-educationautonomy
Read case brief →Supreme Court of India2002
(2002) 5 Supreme Court Cases 294; All India Reporter 2002 Supreme Court 2112
The right of a voter to know the antecedents of a candidate is part of the freedom of speech and expression under Article 19(1)(a). Since Article 324 is a reservoir of power operating where the law is silent, the Election Commission may require candidates to disclose criminal cases, assets and liabilities, and educational qualifications.
constitutional-lawarticle-324article-19right-to-knowelection-commissiondisclosurecandidate-antecedentsfree-and-fair-elections
Read case brief →Supreme Court of India2002
(2002) 5 Supreme Court Cases 448
Article 113 (residual 3-year period) of the Limitation Act applies only when no other article in the Schedule covers the suit. Where a specific article covers the subject matter, Article 113 is excluded.
limitation-actarticle-113residual-period3-yearspecific-article-prevails
Read case brief →Supreme Court of India2001
AIR 2002 Supreme Court 3262
Fundamental Duties under Art.51A, while not directly enforceable, can be used by courts as an interpretive aid to test the reasonableness of restrictions on fundamental rights; excessive institutional reservation in admissions violates Art.14.
fundamental-dutiesarticle-51ainstitutional-reservationarticle-14interpretive-aid
Read case brief →Bombay High Court2001
(2001) 4 Mh LJ 197
A post-dated cheque is a valid cheque under S.6; S.138 applies upon dishonour when presented on or after the date it bears
NI-Actchequepost-datedS6S138validity
Read case brief →Supreme Court of India2001
(2001) 7 Supreme Court Cases 401
Summons issued under S.61 CrPC (now S.64 BNSS) for appearance of accused must be served in the manner prescribed; substituted service is permissible only after due diligence in personal service.
summonsservice-of-processS.64-BNSSsubstituted-servicesem-5
Read case brief →Supreme Court of India2001
(2001) 3 Supreme Court Cases 1
Objections to the admissibility of documents or evidence raised during trial should ordinarily not stall the trial's progress; the trial court should provisionally allow the document to be marked, noting the objection, and decide on the admissibility question at the final judgment stage, along with the rest of the case, in order to avoid piecemeal appeals and unnecessary delay in the trial process.
admissibility-of-documentsmark-subject-to-objectionprocedural-efficiencypiecemeal-appeals
Read case brief →Supreme Court of India2001
(2001) 5 Supreme Court Cases 73
In pharmaceutical cases, the test of deceptive similarity is stricter because confusion between medicines can have life-threatening consequences
trademarkdeceptive-similaritypharmaceuticalsection-29trade-marks-act
Read case brief →Supreme Court of India (five Judge Constitution Bench)2001
(2001) 7 Supreme Court Cases 740; All India Reporter 2001 Supreme Court 3958; judgment of 28 September 2001
The Muslim Women (Protection of Rights on Divorce) Act 1986 is constitutionally valid but is read down. The obligation of a Muslim husband under S.3(1)(a) is not confined to the iddat period. Reasonable and fair provision and maintenance are distinct: the husband must, within the iddat period, make and pay a reasonable and fair provision for his divorced wife extending beyond the iddat period, in addition to maintenance for the iddat period itself. If she is unable to maintain herself after iddat and has not remarried, recourse lies against her relatives under S.4 and failing them against the State Wakf Board.
muslim-lawmaintenance1986-actiddatreasonable-and-fair-provisionreading-downshah-banoconstitution-bench
Read case brief →House of Lords (UK)2001
[2001] UKHL 22
The relevant test for vicarious liability asks whether the employee's wrongful conduct was so closely connected to their employment that it would be fair and just to hold the employer vicariously liable (the 'close connection' test).
vicarious-liabilityclose-connection-testcourse-of-employment
Read case brief →Supreme Court of India2001
(2001) 4 Supreme Court Cases 350
Misjoinder of charges or persons is a curable irregularity under S.218 CrPC (now S.252 BNSS) and does not vitiate trial unless failure of justice has actually occurred. Separate trials are the rule; joint trial is the exception requiring nexus between offences.
chargejoindermisjoinderS.247-BNSSS.252-BNSSjoint-trialsem-5
Read case brief →Supreme Court of India2001
(2001) 2 Supreme Court Cases 386
Dual standard: proportionality applies where fundamental rights are engaged; Wednesbury applies for other administrative decisions
administrative-lawproportionalitywednesburydual-standardart-14art-19art-21
Read case brief →Supreme Court of India2001
(2001) 8 Supreme Court Cases 650
An advocate holding a full-time salaried employment cannot practise; dual capacity is impermissible under the Advocates Act.
professional-ethicsfull-time-employmentright-to-practiseadvocates-act
Read case brief →2001
Criminal Case No. 171/2001 (Delhi)
First reported Indian case of cyber-stalking: using another person's identity on internet chat rooms to cause harassment constitutes an offence under the IT Act.
it-lawcyber-stalkingidentity-theftfirst-caseit-act
Read case brief →Delhi High Court2001
2001 SCC OnLine Del 866
Oral testimony about the contents of a marriage certificate is inadmissible; the document must be produced.
evidence-lawdocumentary-evidenceoral-evidencemarriage-certificatesection-91
Read case brief →Supreme Court of India2001
(2001) 6 Supreme Court Cases 1
Disciplinary proceedings against advocates are quasi-judicial; principles of natural justice including opportunity of hearing must be strictly followed.
professional-ethicsdisciplinary-proceedingsnatural-justicequasi-judicial
Read case brief →Supreme Court of India2001
AIR 2001 Supreme Court 2960
Transfer to relative alone is not fraudulent; additional badges of fraud required
property-lawfraudulent-transfersection-53relativebadges-of-fraud
Read case brief →Andhra Pradesh High Court2001
(2001) 2 ALD 42
Assigned lands can be resumed by the State upon breach of conditions of assignment, including unauthorised alienation or change of use
assigned-landsresumptionbreach-of-conditionsland-reformsAndhra-Pradesh
Read case brief →Supreme Court of India2001
(2001) 7 Supreme Court Cases 1
Automatic absorption of contract labour upon abolition under S.10 of the Contract Labour Act is not mandated; the principal employer has no obligation to absorb workers merely because contract labour is abolished.
labour-lawcontract-labourabolitionabsorptionindustrial-dispute
Read case brief →Supreme Court of India2001
(2001) 7 Supreme Court Cases 1
Automatic absorption of contract labour upon abolition under S.10 of the Contract Labour Act is not mandated; the principal employer has no obligation to absorb workers merely because contract labour is abolished.
labour-lawcontract-labourabolitionabsorptionindustrial-dispute
Read case brief →2001
2001 PTC 432 (Delhi)
Registration and use of a domain name identical to a well-known trademark (tata.net) by an unauthorized person constitutes cyber-squatting and passing off.
it-lawdomain-nametatacyber-squattingwell-known-mark
Read case brief →Supreme Court of India2001
AIR 2001 Supreme Court 2083
Marshalling cannot be applied if it would prejudice the senior creditor's recovery or injure the rights of an intermediate encumbrancer
property-lawTPAmarshallinglimitationprejudice
Read case brief →Supreme Court of India2000
(2000) 6 Supreme Court Cases 204
Transfer of criminal case is warranted where a fair and impartial trial is not possible in the original court due to local prejudice, hostile atmosphere, or threat to the accused.
transferfair-trialarticle-21S.430-BNSSsem-5
Read case brief →Supreme Court of India2000
(2000) 6 Supreme Court Cases 394
Bare right to sue is non-transferable (S.6(e)); but right to sue incidental to property transfer is valid
property-lawright-to-suesection-6eactionable-claim
Read case brief →Supreme Court of India2000
(2000) 5 Supreme Court Cases 488
The relevant date for determining juvenility of an accused is the date of commission of the offence, not the date of arrest, trial, or cognizance.
juvenile-justiceage-determinationdate-of-offenceJJ-Actsem-5
Read case brief →Supreme Court of India2000
(2000) 7 Supreme Court Cases 282
Religious freedom protects the substance of religious practice, but not an unqualified right to conduct it through amplification means disturbing others' peaceful environment.
noise-pollutionreligious-freedomloudspeakers
Read case brief →Supreme Court of India2000
AIR 2000 Supreme Court 1560
A landlocked parcel created by severance acquires an implied easement of necessity over the retained portion for access
property-laweasementssection-13necessitylandlockedlandmark
Read case brief →Supreme Court of India2000
(2000) 8 Supreme Court Cases 507; (2001) 1 Maharashtra Law Journal 427; judgment of 19 July 2000
Where the father of a minor is alive, the mother cannot act as, or be appointed, guardian of the minor's property for the purpose of accepting a gift on his behalf, and a gift so accepted is invalid. Valia Peedikakkandi Katheessa Umma applies only where the father and paternal grandfather are not alive, that is, where no guardian of the property is in existence. A High Court cannot find an agency by the husband in the wife's favour where it was neither pleaded nor supported by evidence.
muslim-lawgifthibaminor-doneeguardian-of-propertymotherfather-aliveletters-of-administration
Read case brief →Supreme Court of India2000
(2000) 3 Supreme Court Cases 250; All India Reporter 2000 Supreme Court 1287
Section 69(2) bars only a suit to enforce a right arising from a contract entered into by the unregistered firm in the course of its business. A suit to enforce a statutory or common law right, such as an action for trademark infringement or passing off, is not barred.
partnershipsection-69registrationunregistered-firmstatutory-righttrademarkpassing-off
Read case brief →Supreme Court of India2000
(2000) 6 Supreme Court Cases 179
Conciliation under Part III of the 1996 Act is consensual; it commences only upon acceptance of invitation by the other party; no compulsion
ADRconciliationconsentPart-III
Read case brief →Supreme Court of India2000
(2000) 2 Supreme Court Cases 536
A repeal of a statute does not revive the statute that was repealed by the repealed statute (no revival by implication). Section 6 of the General Clauses Act, 1897 preserves rights accrued and liabilities incurred under the repealed statute.
repealsection-6-GCAno-revivalpending-proceedingsvested-rightssavings-clause
Read case brief →Supreme Court of India (Constitution Bench)2000
(2000) 7 Supreme Court Cases 201
The power of appointing an arbitrator under S.11 is a judicial function, not merely administrative
ADRsection-11appointmentjudicial-function
Read case brief →Supreme Court of India2000
(2000) 6 Supreme Court Cases 359
An SLP does not automatically stay the operation of the High Court order; the interim order continues unless specifically stayed.
taxation-lawslpstayinterim-orderappellate-procedure
Read case brief →Supreme Court of India2000
(2000) 6 Supreme Court Cases 224
Affirmed Sarla Mudgal; a Hindu marriage cannot be dissolved by unilateral conversion; conversion-based second marriage is bigamy.
family-lawbigamyconversionhindu-marriagepersonal-law
Read case brief →Supreme Court of India2000
(2000) 3 Supreme Court Cases 224
Maternity benefits must be extended to casual and muster-roll women workers, not just permanent employees. The Maternity Benefit Act applies regardless of the nature of employment.
maternitycasual-workersmuster-rollbeneficial-legislation
Read case brief →Supreme Court of India2000
(2000) 7 Supreme Court Cases 264
Client's money is trust property. Misappropriation constitutes criminal breach of trust and professional misconduct warranting removal from the roll.
professional-ethicsmisappropriationclient-moneytrustremoval
Read case brief →Supreme Court of India2000
(2000) 1 Supreme Court Cases 98
EPF Act is beneficial legislation applicable to all eligible establishments. Employer cannot contract out of statutory obligations under the Act.
EPFbeneficial-legislationcoveragecontracting-out
Read case brief →Supreme Court of India2000
(2000) 4 Supreme Court Cases 640; All India Reporter 2000 Supreme Court 1296
Articles 233 and 234 constitute a special and self-contained scheme for recruitment to the judicial service, requiring the participation of the High Court. A general State law on recruitment to public services cannot displace that scheme, so reservation in the judicial service must be effected through rules framed in consultation with the High Court.
constitutional-lawarticle-233article-234judicial-servicereservationspecial-schemehigh-court-consultationsubordinate-judiciary
Read case brief →Supreme Court of India2000
(2000) 1 Supreme Court Cases 456
Plea bargaining (compounding) in serious offences undermines the criminal justice system. However, in compoundable offences, courts should encourage settlement. The distinction between compoundable and non-compoundable offences is fundamental: non-compoundable offences cannot be compromised without court permission or statutory sanction.
plea-bargainingcompoundingS.313-BNSSS.320-CrPCsettlementsem-5
Read case brief →Supreme Court of India2000
(2000) 7 Supreme Court Cases 120
An admission made by a party, whether in pleadings or otherwise, if clear and unambiguous, can form the basis for a court to pass a decree, including summary judgment, without requiring a full trial on that admitted aspect; the object of allowing decrees based on admissions is to avoid unnecessary and protracted trials on matters no longer genuinely in dispute.
admissionsorder-12-rule-6judgment-on-admissionssummary-decree
Read case brief →2000
169 F. Supp. 2d 1181 (N.D. Cal. 2001)
A foreign court's order directing a US company to block access to content violating local law raises jurisdictional conflict; the country where harm occurs can assert jurisdiction over internet content (French court).
it-lawinternet-jurisdictionfrancehate-speechcross-border
Read case brief →Supreme Court of India1999
(1999) 8 Supreme Court Cases 396
The 30-day time limit for filing a written statement under Order VIII Rule 1 is directory, not mandatory. However, post-2002 Amendment, the 90-day outer limit is strictly enforced and courts cannot grant extension beyond it.
CPCwritten-statementorder-VIII-rule-1time-limitdirectorymandatory30-day90-day
Read case brief →Supreme Court of India1999
(1999) 7 Supreme Court Cases 359; All India Reporter 1999 Supreme Court 2947
A port trust holding goods as a bailee has a general lien over them for its dues, arising from its statutory powers and the running account character of its business, and may refuse delivery until those dues are paid.
bailmentliengeneral-liensection-171port-truststatutory-lien
Read case brief →Supreme Court of India1999
(1999) 7 Supreme Court Cases 1
Genuine, substantiated comparative claims constitute permissible competitive marketing; false, misleading, or improperly disparaging claims cross into actionable unfair trade practice.
unfair-trade-practicecomparative-advertisingconsumer-protection
Read case brief →Supreme Court of India1999
AIR 1999 Supreme Court 1149
Section 6(a) of the Hindu Minority and Guardianship Act, 1956, which names the father as the 'natural guardian' and the mother only 'after' him, must be read to mean the mother can act as natural guardian even during the father's lifetime if he is absent, indifferent, or by mutual agreement of the parents, in order to save the provision from being unconstitutional and discriminatory against women.
natural-guardiansection-6-hmgagender-equalityarticle-14article-15
Read case brief →Supreme Court of India1999
(1999) 7 Supreme Court Cases 510
In cases under S.138 Negotiable Instruments Act (dishonour of cheque), five jurisdictional components exist and the offence can be tried by a court having jurisdiction over any of these: place of drawing, presenting, dishonour, issuing notice, or non-payment.
jurisdictioncheque-dishonourS.138-NI-Actsummons-casesterritorial-jurisdictionsem-5
Read case brief →House of Lords1999
[1999] 2 Allahabad English Reports 97
Former heads of state enjoy immunity only for acts performed in their official capacity; systematic torture cannot constitute an official function, so no immunity attaches to international crimes.
PILhead-of-state-immunitytortureinternational-crimesextraditionjus-cogens
Read case brief →Supreme Court of India1999
(1999) 7 SCC 280
Expert opinion on handwriting is weak evidence and cannot by itself form the sole basis for conviction; it requires corroboration.
evidence-lawexpert-opinionhandwriting-expertsection-45corroborationweak-evidence
Read case brief →Supreme Court of India1999
(1999) 8 Supreme Court Cases 686
The jurisdiction of a criminal court to entertain and try an offence depends on whether any part of the cause of action arose within its territorial limits. For offences involving transactions at multiple locations, jurisdiction lies where any essential ingredient of the offence occurred.
jurisdictionterritorialcause-of-actionmulti-location-offenceS.211-BNSSsem-5
Read case brief →Supreme Court of India1999
(1999) 3 Supreme Court Cases 176
Legal profession is not a trade or business. BCI's regulatory power does not violate Art. 19(1)(g). Right to practice flows from statutory enrolment.
professional-ethicsright-to-practiceBCIfundamental-rightsarticle-19
Read case brief →Supreme Court of India1999
AIR 1999 Supreme Court 1441
Delivery of possession without a registered sale deed does not constitute a valid sale for immovable property valued above Rs.100
property-lawTPAsection-54registrationdeliverypossession
Read case brief →Delhi High Court1999
1999 PTC (19) 201 (Del)
Domain names are entitled to trademark-level protection; first Indian case recognising domain name as business identifier
trademarkdomain-namespassing-offinternet
Read case brief →Securities Appellate Tribunal / SEBI1998
SAT Appeal No.15/2001 (originally 1998 SEBI order)
A company can be an 'insider' if its officers possess UPSI; company's trade is attributed to those officers' knowledge; merger information is classic UPSI
insider-tradingUPSIcompany-as-insidermergerSEBI
Read case brief →1998
47 U.S.P.Q.2d 1020 (N.D. Cal. 1998)
Sending unsolicited bulk email (spam) through another's email service violates terms of service and constitutes unauthorized access; injunctive relief granted (US).
it-lawspamunauthorized-accessinjunctionemailus-law
Read case brief →Supreme Court of India1998
AIR 1998 Supreme Court 1952
Section 10 CPC (stay of suit on ground of sub judice) applies only where the matter in issue in the subsequent suit is directly and substantially in issue in a previously instituted suit between the same parties, litigating under the same title, in a court of competent jurisdiction; it does not apply merely because there is some connection or overlap in subject matter, and courts must examine the issues closely before granting a stay.
section-10-cpcsub-judicedirectly-and-substantially-in-issuestay-of-suit
Read case brief →Supreme Court of India1998
(1998) 9 Supreme Court Cases 589 (and continuing orders)
Courts can order direct fuel and technology transition where the severity and urgency of vehicular air pollution warrants more decisive intervention than incremental emission standard tightening alone.
vehicular-pollutioncngdelhi-air-quality
Read case brief →Supreme Court of India1998
(1998) 7 Supreme Court Cases 123
Length of delay is a factor but not determinative in condonation applications under S.5 Limitation Act. Even a long delay may be condoned if the cause is genuine and bona fide throughout the entire period.
limitation-actsection-5condonationlength-of-delaysufficient-causegenuine-cause
Read case brief →Supreme Court of India1998
(1998) 2 Supreme Court Cases 109; All India Reporter 1998 Supreme Court 431
Entry 2A of the Union List covers the deployment of armed forces of the Union in a State in aid of the civil power. Such deployment does not supplant the State administration: the forces act in aid of the civil power, which continues to function, so there is no imposition of emergency by implication.
constitutional-lawentry-2aarmed-forces-special-powers-actdeploymentpublic-orderadministrative-relationsdisturbed-areasafeguards
Read case brief →Supreme Court of India1998
(1998) 3 SCC 309
\"Soon before her death\" in S.113B IEA (now S.113 BSA) does not require cruelty on the day of death; continuous cruelty persisting up to or near death satisfies the requirement.
evidence-lawpresumptiondowry-deathsection-113Bsoon-before-deathcrueltysection-304B
Read case brief →Supreme Court of India1998
(1998) 7 Supreme Court Cases 739; All India Reporter 1999 Supreme Court 1
The Chief Justice of India must form his opinion in consultation with a collegium of the four senior-most Judges of the Supreme Court for appointments to that Court, and the two senior-most for appointments to and transfers from the High Courts. An opinion formed without such consultation is not binding on the Government.
constitutional-lawarticle-124article-217article-222article-143collegiumthird-judges-casejudicial-appointments
Read case brief →Supreme Court of India1998
(1998) 4 Supreme Court Cases 409; All India Reporter 1998 Supreme Court 1895
Article 142 confers a power of wide amplitude to do complete justice between parties, but it cannot be used to supplant substantive law or to ignore express statutory provisions dealing with the subject. The Court cannot exercise a jurisdiction which a statute vests exclusively in another authority.
constitutional-lawarticle-142article-129complete-justicecontemptadvocates-actlimits-of-power
Read case brief →Supreme Court of India1998
(1998) 6 Supreme Court Cases 538
Back wages are not automatic upon reinstatement; Tribunal must consider whether worker was gainfully employed elsewhere during dispute period
back-wagesreinstatementintervening-employmentpartial-back-wages
Read case brief →Supreme Court of India1998
(1998) 8 Supreme Court Cases 1; All India Reporter 1999 Supreme Court 22
The existence of an alternative statutory remedy is not an absolute bar to a petition under Article 226. The rule requiring its exhaustion is one of self-imposed restraint and discretion, and three exceptions are recognised: enforcement of a fundamental right, violation of natural justice, and want of jurisdiction or a challenge to vires.
constitutional-lawarticle-226alternative-remedywrit-jurisdictionnatural-justiceviresself-imposed-restraint
Read case brief →Supreme Court of India1997
AIR 1997 Supreme Court 610
Eleven mandatory requirements for lawful arrest laid down to prevent custodial violence. Non-compliance renders arrest illegal and entitles compensation.
arrestcustodial-violencearticle-21guidelinesrightsS.47-BNSSsem-5
Read case brief →International Court of Justice1997
ICJ Reports 1997, p 7
A party cannot unilaterally terminate a treaty on grounds of necessity or fundamental change of circumstances unless strict customary law conditions are met; the treaty continues unless lawfully terminated.
PILtreatiesterminationnecessityrebus-sic-stantibusenvironment
Read case brief →Supreme Court of India1997
(1997) 6 Supreme Court Cases 660
A court has the power under the relevant provisions of the CPC to permit the impounding, return, or inspection of documents produced at trial, and must exercise this power having regard to the genuine evidentiary needs of the parties, the authenticity of the documents, and the interests of justice, rather than mechanically returning or impounding documents without due consideration of their continued relevance to the proceedings.
impounding-of-documentsreturn-of-documentsorder-13-cpcevidentiary-relevance
Read case brief →Supreme Court of India1997
(1997) 6 Supreme Court Cases 131
Misappropriation of client money is the gravest form of professional misconduct and warrants removal from the roll of advocates.
professional-ethicsmisappropriationclient-moneyremovaldisciplinary
Read case brief →Supreme Court of India (Seven-judge bench)1997
AIR 1997 Supreme Court 1125; (1997) 3 Supreme Court Cases 261
Power of judicial review under Art. 226/227 is a basic feature of the Constitution; tribunal orders are subject to High Court review; tribunals cannot exclude HC jurisdiction.
ADRtribunalsjudicial-reviewbasic-structureArt-226landmark
Read case brief →Supreme Court of India1997
(1997) 1 Supreme Court Cases 388
The public trust doctrine constrains even the state's own formal administrative grants; the state cannot abdicate its trust obligation regarding resources held for public benefit through private lease arrangements. A subsequent 2000 order in the same litigation further imposed compensation calculated by reference to the environmental damage itself, independent of individual claimant loss.
public-trust-doctrineriver-encroachmentenvironmental-compensation
Read case brief →Supreme Court of India1997
AIR 1997 Supreme Court 506
The court's role in sanctioning a scheme of arrangement is limited to ensuring fairness, lawfulness, and that the class was fairly represented; commercial wisdom of the majority prevails over judicial second-guessing
scheme-of-arrangementNCLTcourt-sanctioncommercial-wisdommajority-creditors
Read case brief →Supreme Court of India1997
(1997) 6 Supreme Court Cases 233; All India Reporter 1997 Supreme Court 3280; judgment of 29 July 1997
Under both personal law and S.125 of the Code of Criminal Procedure, a Muslim father with sufficient means is under an absolute obligation to maintain his minor children who cannot maintain themselves, until they attain majority or are able to maintain themselves, whichever is earlier, and in the case of daughters until they marry. That obligation is unaffected by the divorced wife's custody of them. S.3(1)(b) of the Muslim Women (Protection of Rights on Divorce) Act 1986 operates in a different field: the two year entitlement there is for the mother's own maintenance for nursing or caring for a child, and it does not touch the children's independent right.
muslim-lawmaintenancechildrensection-125-crpc1986-actsection-3-1-bindependent-rightbeneficial-construction
Read case brief →Supreme Court of India1997
(1997) 3 Supreme Court Cases 433
Unratified international human rights instruments (such as the International Covenant on Civil and Political Rights) can serve as interpretive aids for construing fundamental rights under the Indian Constitution.
PILtransformationICCPRinterpretive-aidArticle-21privacy
Read case brief →Bombay High Court1997
AIR 1997 Bom 349
The pre-2001 S.10 of the Indian Divorce Act, requiring the wife to prove adultery coupled with another matrimonial offence while the husband could obtain dissolution on adultery alone, violated Art.14; there was no reasonable classification justifying the discrimination.
christian-lawdivorce-act-1869section-10discriminationarticle-14equality2001-amendment
Read case brief →Supreme Court of India1997
(1997) 2 Supreme Court Cases 1
The Bar Council of India has appellate jurisdiction over State Bar Council disciplinary orders; its power includes enhancement of punishment.
professional-ethicsdisciplinary-proceedingsbar-council-indiaappellate-jurisdiction
Read case brief →Supreme Court of India1997
(1997) 2 Supreme Court Cases 642
Nine problems identified in Indian prisons including overcrowding, delayed trials, torture, neglect of health, and lack of legal aid. Directed states to address prison conditions.
prison-reformprisoners-rightsarticle-21nine-problemsconditionssem-5
Read case brief →Supreme Court of India1997
(1997) 6 Supreme Court Cases 263
Section 53 bar is absolute. ESI-covered workers cannot claim under the Employees' Compensation Act even if ESI benefits are lower.
ESIsection-53-barcompensation-actexclusive-remedy
Read case brief →Supreme Court of India1997
AIR 1997 Supreme Court 3297
Transfer of land in Scheduled Areas to non-tribals (including private mining leases) is prohibited; the State and its instrumentalities are bound by the same prohibition
scheduled-areastribal-landsFifth-Schedulemining-leasesnon-tribal-transferPESA
Read case brief →Supreme Court of India1997
(1997) 6 SCC 162
Failure to cross-examine a witness on a material point amounts to acceptance of that point; the party cannot later argue in submissions that the fact was not proved.
evidence-lawcross-examinationfailure-to-cross-examinewitness-testimony
Read case brief →Supreme Court of India1997
(1997) 227 ITR 172 (Supreme Court)
Interest earned on surplus funds deposited for a short period during setting up of business is assessable as 'Income from Other Sources' and not as a capital receipt.
taxation-lawinterestsurplus-fundspre-commencementother-sources
Read case brief →Supreme Court of India1997
AIR 1997 Supreme Court 3011
Unratified international conventions can be used as interpretive aids to fill gaps in domestic law where no contrary legislation exists
international-law-municipal-lawCEDAWsexual-harassmentunratified-treatiesvishaka-guidelinesPILgap-filling
Read case brief →1997
952 F. Supp. 1119 (W.D. Pa. 1997)
The 'sliding scale' test for internet jurisdiction: passive websites (information only) = no jurisdiction; interactive websites (commercial transactions) = jurisdiction exists (US).
it-lawinternet-jurisdictionsliding-scale-testpassive-active-websiteus-law
Read case brief →Supreme Court of India1996
(1996) 5 Supreme Court Cases 216
Scandalizing the court or making reckless allegations against judges constitutes contempt; advocates owe a duty of respect to the judiciary.
professional-ethicscontempt-of-courtbar-bench-relationsduty-to-court
Read case brief →Supreme Court of India1996
(1996) 4 Supreme Court Cases 622
The corporate veil may be lifted where the corporate form is used to obtain benefits that the controller would not be entitled to in his individual capacity
lifting-the-veilsham-companyallotment-fraudIndian-law
Read case brief →Supreme Court of India1996
(1996) 3 Supreme Court Cases 212
Polluting enterprises engaged in inherently hazardous activity must fund the complete, actual cost of remediation, without limitation to a lesser capped compensation measure, and without escape through traditional strict liability exceptions.
polluter-paysabsolute-liabilityremediation-costhazardous-waste
Read case brief →Supreme Court of India1996
AIR 1997 Supreme Court 699 / (1996) 6 Supreme Court Cases 756
State has a constitutional obligation to eliminate child labour in hazardous industries. Prohibition must be accompanied by rehabilitation (education fund, alternative employment for parents).
child-labourhazardous-industriesrehabilitationarticle-24sivakasimatch-factories
Read case brief →Supreme Court of India1996
(1996) 6 SCC 337
S.125 CrPC (now S.144 BNSS) is a secular remedy available to all wives irrespective of religion and is concurrent with personal law alimony under the Indian Divorce Act; the two remedies are cumulative.
christian-lawmaintenancesection-125-crpcsection-144-bnsscumulationindian-divorce-act
Read case brief →Supreme Court of India1996
1996 (16) PTC 583 (SC)
Transborder reputation/goodwill of a foreign trademark is protectable in India even without use or registration in India. A mark that has acquired reputation through international media, advertising spillover, and foreign sales is entitled to passing off protection in India.
transborder-reputationpassing-offforeign-trademarkgoodwillwhirlpoolprior-use
Read case brief →Madhya Pradesh High Court1996
AIR 1996 Madhya Pradesh 1
A condition absolutely restraining alienation attached to a gift deed is void under S.10 TPA; donee takes property free of restraint
property-lawTPAsection-10alienationrestraint
Read case brief →1996
86 F.3d 1447 (7th Cir. 1996)
Shrink-wrap licenses are enforceable contracts; opening the package and using the software constitutes acceptance of the license terms (US 7th Circuit).
it-lawshrink-wrapsoftware-licenseacceptance-by-useus-law
Read case brief →Supreme Court of India1996
(1997) 2 Supreme Court Cases 87
Coastal zone protection requirements carry genuine substantive enforcement force, applicable even against economically significant coastal development activities.
coastal-regulation-zoneshrimp-farmingaquaculture
Read case brief →Supreme Court of India1996
(1996) 5 Supreme Court Cases 376
The State can resume lands granted on specific conditions when those conditions are breached; the power of resumption is distinct from and independent of the power of acquisition
resumptionconditions-of-grantbreachland-reformsState-power
Read case brief →Supreme Court of India1996
(1996) 1 Supreme Court Cases 735
Unconditional bank guarantee is independent of underlying contract; courts cannot restrain invocation except for fraud or irretrievable injustice
bank-guaranteeindependence-principleinjunctionfraudunconditional
Read case brief →Supreme Court of India1996
(1997) 2 Supreme Court Cases 267 (and continuing orders)
'Forest' should be understood according to its dictionary meaning, encompassing any area with genuine forest ecological character, regardless of formal notification, classification, or ownership status.
forest-conservation-actforest-definitioncontinuing-mandamus
Read case brief →Supreme Court of India1996
(1996) 5 Supreme Court Cases 647
The precautionary principle and polluter pays principle, as part of customary international law, become part of the law of the land where they do not conflict with existing domestic statute.
precautionary-principlepolluter-payscustomary-international-lawtanneries
Read case brief →Kerala High Court1995
AIR 1995 Ker 252
The pre-2001 S.10 of the Indian Divorce Act, requiring a wife to prove adultery coupled with another matrimonial offence while the husband needed adultery alone, was discriminatory and violated Arts.14 and 15.
christian-lawdivorce-act-1869discriminationarticle-14article-15section-10equality
Read case brief →Supreme Court of India1995
(1995) 5 Supreme Court Cases 457
A Bar Association has no authority to sit in judgment on a Judge or to demand his resignation by resolution or by abstention from work. There is a gap between conduct amounting to proved misbehaviour warranting removal and conduct merely unbecoming of judicial office, and that gap is filled by an in-house procedure headed by the Chief Justice of India.
constitutional-lawjudicial-accountabilityin-house-procedurebar-associationarticle-124yawning-gapjudicial-independence
Read case brief →Supreme Court of India1995
(1995) 5 Supreme Court Cases 150
A bank draft is a bill of exchange drawn by a bank on itself; it cannot be countermanded by the purchaser
demand-draftbank-draftcountermandbill-of-exchangeNI-Act
Read case brief →Supreme Court of India1995
(1995) 3 Supreme Court Cases 42
Right to health and medical care at the workplace is a fundamental right under Article 21 (right to life). Employers in hazardous industries (asbestos) must provide health insurance, periodic medical examination, and safe working conditions. Workers' right to know about health hazards is part of Article 21.
right-to-healtharticle-21hazardous-industryasbestosoccupational-safetyhealth-insurance
Read case brief →Supreme Court of India1995
(1995) 3 Supreme Court Cases 757
Collective boycott of a judge by lawyers constitutes criminal contempt as it interferes with the administration of justice.
professional-ethicsboycottcontemptbar-benchcriminal-contempt
Read case brief →Supreme Court of India1995
(1995) 5 Supreme Court Cases 545
Affirmed the Dalpat Kumar three-condition test for temporary injunction. Added that while deciding balance of convenience, the court must weigh relative hardship to each party. Status quo has evidentiary weight but is not determinative.
CPCtemporary-injunctionorder-XXXIXbalance-of-conveniencerelative-hardshipstatus-quo
Read case brief →Supreme Court of India1995
(1995) 6 Supreme Court Cases 326
Employing workers as badli/temporary for years while they perform permanent nature duties constitutes unfair labour practice; such workers must be regularized
ULPtemporary-workersregularization240-dayspermanent-nature-duties
Read case brief →Supreme Court of India1995
(1995) 1 Supreme Court Cases 732
Persons in full-time employment cannot simultaneously enrol and practise as advocates. Full-time employment and active practice are incompatible.
professional-ethicsdual-practiceemploymentenrolmentBCI-rules
Read case brief →Supreme Court of India1995
(1995) 6 Supreme Court Cases 651
Medical services generally constitute 'service' under the Consumer Protection Act where rendered for consideration, though entirely free medical services generally fall outside its scope given the absence of consideration.
medical-negligenceconsumer-protection-actservice-definition
Read case brief →Supreme Court of India1995
AIR 1995 Supreme Court 142
Right to property under Art. 300A is a constitutional right (not fundamental); deprivation only by authority of law
property-lawArt-300Aconstitutional-right44th-amendment
Read case brief →Supreme Court of India1995
(1995) 5 Supreme Court Cases 482
Right to health and medical care is a fundamental right under Article 21; the State and its instrumentalities must ensure workers' health in hazardous industries.
constitutional-lawarticle-21right-to-healthworkers-rightsdirective-principles
Read case brief →Supreme Court of India1995
(1995) 3 Supreme Court Cases 693; All India Reporter 1995 Supreme Court 1205; judgment of 23 March 1995
Although a gift by a Muslim need not be in writing and need not be registered, to be complete there must be a declaration of gift by the donor, acceptance express or implied by or on behalf of the donee, and delivery of possession actual or constructive; where the donor is in possession of immovable property he must completely divest himself physically of the subject of the gift. Under Muhammadan law a mother can neither act as nor be appointed property guardian or legal guardian of her minor child. The operative disposal turned on res judicata between co defendants and on fraud and collusion under S.44 of the Evidence Act.
muslim-lawgifthibathree-essentialsdelivery-of-possessionmother-not-guardianres-judicatafraud
Read case brief →Supreme Court of India1995
(1995) 6 Supreme Court Cases 88
An affidavit filed in support of an application or as evidence in proceedings must comply with the requirements of Order XIX CPC and be based on facts within the deponent's personal knowledge, or clearly identify the source of information and belief where the statement is not based on personal knowledge; an affidavit that fails to distinguish between knowledge and belief, or is otherwise vague, is of diminished evidentiary value and can be disregarded by the court.
affidavitorder-19-cpcpersonal-knowledgebeliefevidentiary-value
Read case brief →Supreme Court of India1995
(1995) 5 Supreme Court Cases 75
Where a dispute involves rights and obligations created purely under the general law of contract or common law, and does not involve rights specifically created under the Industrial Disputes Act, a civil court may retain jurisdiction; but where the dispute concerns rights and obligations that are created by, or find their source in, the Industrial Disputes Act or the underlying industrial relations framework (such as disputes over termination, standing orders, or related matters), the civil court's jurisdiction is ordinarily excluded, and the matter must go through the industrial adjudication machinery.
civil-court-jurisdictionexclusionindustrial-adjudicationstanding-orders
Read case brief →Supreme Court of India1995
(1995) 2 Supreme Court Cases 584
Supreme Court retains inherent power under Art. 129 to suspend an advocate from practice for contempt, independent of the Bar Council's disciplinary jurisdiction.
professional-ethicscontemptsuspensionbar-benchsupreme-courtart-129
Read case brief →Supreme Court of India1995
(1995) 2 Supreme Court Cases 7
Where a marriage has irretrievably broken down and there is no possibility of the parties coming together, the Supreme Court may exercise its power under Article 142 to dissolve the marriage even in the absence of a proved statutory ground, as forcing parties to remain tied in a dead marriage serves no social purpose.
divorceirretrievable-breakdownarticle-142crueltydead-marriage
Read case brief →Supreme Court of India1995
(1995) 3 Supreme Court Cases 635
A Hindu husband cannot convert to Islam solely to contract a second marriage; such a marriage is void under S.494 IPC and Hindu Marriage Act; reiterated the need for a Uniform Civil Code under Article 44.
family-lawbigamyconversionuniform-civil-codearticle-44hindu-marriage-act
Read case brief →Supreme Court of India1995
(1995) 4 Supreme Court Cases 611
A multi-member Election Commission is consistent with Article 324(2). The Chief Election Commissioner is not superior in authority to the other Election Commissioners and they are not subordinate to him; his position under Article 324(3) is that of Chairman, and business is transacted by unanimity or by majority.
constitutional-lawarticle-324election-commissionmulti-memberchief-election-commissionerchairmanremovalindependence
Read case brief →Supreme Court of India1995
AIR 1995 Supreme Court 2286
Unregistered sale deed cannot transfer title to immoveable property; may evidence agreement to sell for specific performance
property-lawsaleregistrationsection-54unregistered-deed
Read case brief →Supreme Court of India1994
(1994) 2 Comp LJ 182
The doctrine of indoor management (Turquand's rule) applies in India; persons dealing with a company in good faith may assume regularity of internal proceedings
indoor-managementturquand-ruleindian-applicationgood-faithinternal-procedure
Read case brief →Supreme Court of India1994
(1994) 2 Supreme Court Cases 220
Parole/furlough is a privilege, not a right, granted by the executive based on good conduct and specified grounds. Arbitrary denial is challengeable under Art. 14.
parolefurloughprivilegeexecutive-discretionarticle-14sem-5
Read case brief →Supreme Court of India (five Judge Constitution Bench)1994
(1994) 6 Supreme Court Cases 360; All India Reporter 1995 Supreme Court 605(A); judgment of 24 October 1994
S.4(3) of the Acquisition of Certain Area at Ayodhya Act 1993, which abated all pending suits relating to the disputed area, is unconstitutional and invalid because abating suits without providing an alternative dispute resolution mechanism extinguishes the judicial remedy and negates the rule of law; the provision is severable and the rest of the Act is valid. Irrespective of the status of a mosque under Muslim law in Islamic countries, the status of a mosque under the Mahomedan law applicable in secular India is the same and equal to that of any other place of worship of any religion, and it does not enjoy any greater immunity from acquisition under the sovereign power of the State.
muslim-lawwaqfmosqueacquisitionarticle-25article-26essential-religious-practiceayodhya
Read case brief →Supreme Court of India1994
AIR 1994 Supreme Court 1754
Persons working through a contractor but under the principal employer's supervision and control are employees under Section 2(9) of the ESI Act.
ESIcontract-labourprincipal-employersupervisionsection-2-9
Read case brief →Supreme Court of India1994
AIR 1994 Supreme Court 1349
Arrest must be justified; right to inform friend/relative and right to consult lawyer apply. Personal liberty demands restraint in exercise of arrest power.
arrestpersonal-libertyrightsarticle-21article-22sem-5
Read case brief →Madras High Court1994
AIR 1994 Madras 283
Unregistered gift deed of immoveable property is void and confers no title; registration is mandatory under S.123
property-lawgiftregistrationsection-123unregisteredvoid
Read case brief →Supreme Court of India1994
(1994) 3 Supreme Court Cases 569
Even in special anti-terrorism legislation, basic fair trial safeguards cannot be eliminated. Accused must have right to legal representation, cross-examination, knowledge of charges, speedy trial, and protection against self-incrimination.
fair-trialTADAterrorismarticle-21special-legislationsem-5
Read case brief →Supreme Court of India1994
(1994) 1 Supreme Court Cases 243
Statutory authorities providing housing are providers of 'services' under consumer protection law; deficiency in service by a development authority is actionable before consumer forums.
tort-lawconsumer-protectiondeficiency-of-servicehousingdevelopment-authority
Read case brief →Supreme Court of India1994
AIR 1994 Supreme Court 2663
Sovereign immunity confined to 'primary and inalienable' functions only (defense, foreign affairs); State liable for negligent storage of seized goods. Substantially narrows Kasturi Lal.
administrative-lawstate-liabilitysovereign-immunitynarrowingwelfare-state
Read case brief →Supreme Court of India1994
(1994) 2 Supreme Court Cases 71
A receiver cannot act in excess of the powers conferred by the court's order. Acts outside the court order are void, and the receiver is personally liable for damages caused by such unauthorised acts.
CPCreceiverorder-XLpowers-of-receiverultra-virespersonal-liability
Read case brief →Supreme Court of India1994
1994 Supplementary (2) Supreme Court Cases 641; All India Reporter 1994 Supreme Court 1558
The expression 'voluntarily gives up his membership' in Paragraph 2(1)(a) of the Tenth Schedule has a wider connotation than resignation. In the absence of a formal resignation, the conclusion that a member has voluntarily given up his membership may be drawn from his conduct.
constitutional-lawanti-defectiontenth-schedulevoluntarily-giving-upconductdisqualificationspeaker
Read case brief →Supreme Court of India1994
(1994) 3 Supreme Court Cases 1
Presidential proclamation under Article 356 is subject to judicial review; secularism is a basic feature of the Constitution; floor test is the proper method to determine majority.
constitutional-lawarticle-356secularismbasic-structurepresidents-rulejudicial-review
Read case brief →Supreme Court of India1994
(1994) 5 Supreme Court Cases 718
The CPC applies uniformly to all civil courts. Special statutes may exclude it, but exclusion must be express or clearly implied. An alternative forum alone does not oust CPC application.
CPCuniform-applicationspecial-statuteexclusionexpress-or-implied
Read case brief →Supreme Court of India1994
AIR 1994 Supreme Court 11
Judicial review of government commercial/contractual decisions limited to Wednesbury grounds; court will not sit in appeal over commercial wisdom
administrative-lawjudicial-reviewwednesburygovernment-contractstelecom
Read case brief →Supreme Court of India1994
(1994) 1 Supreme Court Cases 337
Mental cruelty as a ground for divorce must be of such a nature that it causes reasonable apprehension in the petitioner's mind that it would be harmful or injurious to live with the respondent; unsubstantiated and wild allegations of adultery, dowry demand, or criminal conduct in written statements or pleadings may themselves constitute mental cruelty.
divorcecrueltymental-crueltysection-13false-allegations
Read case brief →Supreme Court of India1993
(1994) 1 Supreme Court Cases 243
The Consumer Protection Act is beneficial legislation; "service" must be read broadly to include statutory and public authorities
beneficial-constructionconsumer-protectionservice-definitionpublic-authoritystatutory-body
Read case brief →Supreme Court of India1993
(1993) 4 Supreme Court Cases 727; All India Reporter 1994 Supreme Court 1074
Where the inquiry officer is a person other than the disciplinary authority, a copy of the inquiry report must be furnished to the delinquent servant before the penalty is decided, as part of the reasonable opportunity under Article 311(2). Relief for non-supply depends on the servant establishing prejudice, and the ordinary course is to remit rather than to quash.
constitutional-lawarticle-311inquiry-reportnatural-justiceprejudicedisciplinary-proceedingsremitservices
Read case brief →Supreme Court of India1993
(1993) 2 Supreme Court Cases 746; All India Reporter 1993 Supreme Court 1960
A claim in public law for compensation for contravention of a fundamental right is distinct from and in addition to the private law remedy in tort. It rests on the State's strict liability for the breach, and the defence of sovereign immunity is inapplicable to it. Articles 32 and 226 include the power to award compensation.
constitutional-lawconstitutional-tortarticle-32article-21custodial-deathsovereign-immunitycompensationpublic-law-remedy
Read case brief →House of Lords1993
[1993] Appeal Cases 593
Courts may refer to Hansard (Parliamentary debates) as an aid to statutory interpretation where legislation is ambiguous, the material relied on consists of clear ministerial statements, and it would prevent injustice.
external-aidshansardparliamentary-debatesambiguityministerial-statement
Read case brief →Supreme Court of India1993
(1993) Supp 1 Supreme Court Cases 529
Contempt of court must be distinguished from fair criticism. Contempt jurisdiction exists to protect administration of justice, not the personal dignity of judges. Scandalizing the court as a whole by imputing motives or bias undermines public confidence and constitutes criminal contempt.
contemptadministration-of-justicefair-criticismArt-19sem-5
Read case brief →Supreme Court of India1993
(1993) 1 Supreme Court Cases 589
All property brought into the stock of the firm or acquired for it becomes the property of the firm. During subsistence no partner can claim any earmarked portion of it; his interest is undefined and fluctuating. On dissolution the whole must be converted into money under Section 48 and the residue divided, so a partner's share is movable property and its distribution needs no registration.
partnershipsection-14section-48dissolutionfirm-propertysettlement-of-accountsregistration
Read case brief →Supreme Court of India1993
(1993) Supp 2 Supreme Court Cases 547
Delay in FIR registration does not by itself discredit prosecution; but unexplained delay creates suspicion of fabrication. Delay must be satisfactorily explained.
FIRdelayexplanationprosecutionfabricationsem-5
Read case brief →Supreme Court of India1993
(1993) 4 Supreme Court Cases 441; All India Reporter 1994 Supreme Court 268
In the matter of appointment of Judges, 'consultation' in Articles 124(2) and 217(1) means concurrence, and the opinion of the Chief Justice of India has primacy. The Chief Justice must form that opinion in consultation with his senior colleagues, which is the origin of the collegium. S P Gupta overruled on this point.
constitutional-lawarticle-124article-217article-222collegiumjudicial-appointmentsjudicial-independencesecond-judges-case
Read case brief →Supreme Court of India1993
(1993) 1 Supreme Court Cases 645
The right to education up to the age of fourteen is a fundamental right flowing from Art.21, read with Art.45 (Directive Principle); beyond that age, the right is subject to the state's economic capacity. This directly led to the insertion of Art.21A by the 86th Amendment.
right-to-educationarticle-21article-45article-21aharmonious-construction
Read case brief →House of Lords (UK)1992
[1992] 1 Appeal Cases 310
Recovery for secondary victims requires genuine direct perception of the event or its immediate aftermath; witnessing through mediated broadcast generally does not satisfy this requirement.
nervous-shocksecondary-victimproximityhillsborough
Read case brief →Supreme Court of India1992
AIR 1993 Supreme Court 276; (1992) 1 Supreme Court Cases 719
Three conditions must be satisfied for grant of temporary injunction under Order XXXIX Rules 1 and 2: (1) prima facie case, (2) balance of convenience in favour of the applicant, and (3) irreparable injury if injunction is not granted. All three must coexist.
CPCtemporary-injunctionorder-XXXIXprima-facie-casebalance-of-convenienceirreparable-injurythree-conditions
Read case brief →Supreme Court of India1992
AIR 1992 Supreme Court 457
Payment of Gratuity Act, 1972 applies to all employees who have completed 5 years of continuous service. Termination of service for any reason (including retrenchment) does not disentitle an employee from gratuity if the qualifying period is met. Forfeiture under Section 4(6) applies only for specific acts of misconduct.
gratuitycontinuous-serviceforfeitureretrenchmentsection-4
Read case brief →Supreme Court of India (Nine-Judge Bench)1992
AIR 1993 Supreme Court 477
Reservations for socially and educationally backward classes under Article 16(4) cannot exceed 50 percent; the 'creamy layer' among backward classes must be excluded; caste can be a valid criterion but not the sole criterion for identifying backward classes.
article-16-4mandal-commissioncreamy-layer50-percent-ceilingreservation-in-promotion
Read case brief →Supreme Court of India1992
(1992) Supplementary (2) Supreme Court Cases 651; All India Reporter 1993 Supreme Court 412
The Tenth Schedule is valid except Paragraph 7, which was struck down for want of ratification under Article 368(2) because it affected the powers of the Supreme Court and the High Courts. The Speaker deciding under Paragraph 6 acts as a tribunal, so the decision is reviewable on narrow grounds and only after it is made.
constitutional-lawanti-defectiontenth-schedulearticle-368ratificationseverabilityspeaker-as-tribunaljudicial-review
Read case brief →Supreme Court of India1992
AIR 1992 Supreme Court 1563
Where government policy creates expectation of benefit and persons act on it, departure without hearing violates fairness and Art.14
administrative-lawlegitimate-expectationpolicy-changehousingfairness
Read case brief →Supreme Court of India1992
(1992) 2 Supreme Court Cases 343
RBI has wide regulatory powers over non-banking financial companies; courts should not lightly interfere with RBI's regulatory directions issued in public interest.
banking-lawrbi-regulationnbfcregulatory-power
Read case brief →Supreme Court of India1992
AIR 1992 Supreme Court 2005
A 'necessary party' is one without whom no effective order or decree can be made in a suit, whereas a 'proper party' is one whose presence, though not indispensable, enables the court to more effectually and completely adjudicate on the matter; a suit cannot fail merely for non-joinder of a proper party, and courts should exercise their discretion under Order I Rule 10 to add parties rather than dismiss proceedings on technical grounds of misjoinder or non-joinder.
necessary-partyproper-partyorder-1-rule-10non-joindermisjoinder
Read case brief →Supreme Court of India1992
(1992) 1 Supreme Court Cases 558
A minority educational institution under Art.30(1) has the right to prefer students of its own community in admissions, up to a reasonable percentage (fixed at 50 percent), provided admission is based on merit and the institution's autonomy is exercised without arbitrariness.
article-30minority-institutionsadmission-autonomyreservation-cap
Read case brief →Supreme Court of India1992
(1992) 3 Supreme Court Cases 159; All India Reporter 1992 Supreme Court 1740
Where a composite decree is passed against the principal debtor and the guarantor, the decree-holder may execute it against the guarantor without first exhausting execution against the mortgaged property of the principal debtor.
guaranteesuretysection-128executioncomposite-decreemortgaged-property
Read case brief →Supreme Court of India1992
1992 Supp (1) Supreme Court Cases 335
Seven categories enumerated where High Court may quash FIR/criminal proceedings under S.482 CrPC (now S.528 BNSS) to prevent abuse of process.
quashinginherent-powersS.528-BNSSFIRabuse-of-processsem-5
Read case brief →Supreme Court of India1992
(1992) 3 Supreme Court Cases 700
A judgment must contain the points for determination, the decision thereon, and the reasons for the decision. The judgment must be a self-contained document that demonstrates application of mind. A judgment that does not address the material evidence or record reasons is vitiated.
judgmentreasoningS.354-CrPCS.392-BNSSpoints-for-determinationsem-5
Read case brief →Supreme Court of India1992
1992 Allahabad India Reporter, Supreme Court 1066
Banking activities constitute 'service' under Consumer Protection Act; deficiency in banking service is actionable before consumer forums
banking-serviceconsumer-protectiondeficiency-of-servicebanking-relationship
Read case brief →Supreme Court of India1992
(1992) 1 Supreme Court Cases 290 / AIR 1992 Supreme Court 504
Minimum wage must include a sixth component (25% addition) for children's education, medical needs, and recreation beyond the four norms of the 15th Indian Labour Conference.
minimum-wagesixth-component15th-ILCchildren-educationneed-based-minimum-wage
Read case brief →Patna High Court1991
All India Reporter 1991 Patna 154; judgment of 8 February 1990
A bequest in favour of an heir is invalid unless the other heirs consent after the testator's death. The one third limit is not displaced merely because all the heirs happen to be beneficiaries, since sons and daughters do not take equal shares on intestacy and the rule would otherwise be easy to evade. Consent must be given after death, since before death it is unknown who the heirs will be and in what shares. Consent by some heirs only binds those consenting, and the excess legacy is payable out of their shares. Consent need not be express and may be inferred from conduct.
muslim-lawwillswasiyatbequeathable-thirdbequest-to-heirconsent-of-heirsimplied-consentmulla-article-117
Read case brief →1991
499 U.S. 340 (1991)
Facts and data in a compilation are not copyrightable; copyright requires a minimum degree of creativity in selection and arrangement (US Supreme Court, 'sweat of the brow' rejected).
it-lawdatabase-protectioncopyrightcreativitysweat-of-brow
Read case brief →Supreme Court of India1991
(1991) 3 Supreme Court Cases 655; All India Reporter 1991 Supreme Court 1954
A Judge of the Supreme Court or of a High Court is a public servant within the Prevention of Corruption Act and may be prosecuted. Article 124(4) provides a mode of removal and confers no immunity from the criminal law. But no criminal case may be registered against such a Judge without prior consultation with and sanction of the Chief Justice of India.
constitutional-lawjudicial-accountabilityarticle-124prevention-of-corruptionpublic-servantsanctionchief-justice-of-india
Read case brief →Supreme Court of India1991
(1991) 3 SCC 627
A previous inconsistent statement proved to contradict a witness is not substantive evidence of the facts stated; it can only be used to impeach credibility.
evidence-lawprevious-inconsistent-statementimpeachmentsection-155credibility
Read case brief →Supreme Court of India1991
(1991) 3 SCC 554
Prolonged residence in India raises a strong presumption of the intention to remain permanently (animus manendi), but residence alone is not conclusive of domicile; the totality of circumstances must be assessed.
domicileanimusresidenceforeign-nationalprolonged-residencedeportation
Read case brief →High Court1991
(1991) 71 Company Cases 518
Failure to register transfer of shares within the prescribed 30-day period attracts penalty under the Companies Act; the statutory timeline is mandatory.
transfer-of-sharesregistration-delaypenaltystatutory-timeline
Read case brief →Supreme Court of India1991
AIR 1991 Supreme Court 420
The right to life under Article 21 includes the right to enjoyment of pollution-free water and air.
environmental-lawarticle-21right-to-clean-environment
Read case brief →House of Lords (UK)1990
[1990] 2 Appeal Cases 605
A three-stage test governs duty of care in novel situations: foreseeability of harm, sufficient proximity between the parties, and whether imposing a duty is fair, just, and reasonable.
negligenceduty-of-carecaparo-testproximity
Read case brief →Supreme Court of India1990
(1990) 1 Supreme Court Cases 484
Collecting bank acts as agent; must present bills within reasonable time and exercise diligence under S.212
collecting-bankeragentS212diligencebill-collection
Read case brief →Supreme Court of India1990
(1990) 3 Supreme Court Cases 682
Termination of worker with 240+ days continuous service, styled as 'end of temporary engagement,' constitutes retrenchment regardless of label
retrenchment240-daystemporary-workersubstance-over-formcolourable-exercise
Read case brief →Supreme Court of India1990
AIR 1990 Supreme Court 1176
Rule of Law demands every State action conform to fair, just, and reasonable procedure; administrative order without statutory procedure is void
administrative-lawrule-of-lawprocedural-compliancearbitrariness
Read case brief →Supreme Court of India1989
AIR 1989 Supreme Court 1239
Where a contract contains a clause specifying that disputes shall be subject to the jurisdiction of a particular court, and more than one court would otherwise have jurisdiction under Section 20 CPC based on the facts, such an exclusive jurisdiction clause is valid and binding on the parties, provided the chosen court is one that would, in any event, have jurisdiction under the general law; parties cannot, however, confer jurisdiction on a court that would otherwise have none.
jurisdiction-clauseexclusive-jurisdictionouster-clausesection-20-cpc
Read case brief →Supreme Court of India1989
(1989) 4 Supreme Court Cases 710
Strike is not a fundamental right but is recognized as a legitimate weapon of workers for collective bargaining; regulable by legislature
strikelegitimate-weaponESMAessential-servicesArt-19
Read case brief →Supreme Court of India1989
AIR 1989 Supreme Court 653
President's power to grant pardon under Art. 72 is of the widest amplitude. The President can examine the case on merits independent of judicial findings.
pardonarticle-72presidential-powermercydeath-penaltysem-5
Read case brief →Supreme Court of India1989
AIR 1989 Supreme Court 245
Persistent filing of frivolous cases and misleading the court constitutes professional misconduct; the court can refer the advocate to the Bar Council for disciplinary action.
professional-ethicsfrivolous-litigationmisconductdisciplinary-reference
Read case brief →Supreme Court of India1989
AIR 1989 Supreme Court 1730
Land ceiling laws imposing a ceiling on agricultural holdings are constitutionally valid as a measure of agrarian reform; exemptions must be strictly construed
ceiling-lawsagricultural-holdingsland-reformsconstitutional-validityexemptions
Read case brief →Calcutta High Court1989
AIR 1989 Cal 1
A married woman living separately from her husband may acquire an independent domicile of choice; the old common law rule of dependent domicile is abandoned.
domicilemarried-womanindependent-domiciledomicile-of-choiceconflict-of-laws
Read case brief →Supreme Court of India1989
(1989) 1 Supreme Court Cases 674
Mass disaster litigation can be settled by the Supreme Court acting parens patriae; absolute liability of hazardous industries affirmed in the Bhopal gas tragedy context.
tort-lawabsolute-liabilitybhopal-gas-tragedymass-tortparens-patriaehazardous-industry
Read case brief →Supreme Court of India1988
AIR 1988 Supreme Court 1037
Courts can retain continuing jurisdiction (continuing mandamus) over environmental matters requiring sustained monitoring and successive orders, rather than a single conclusive judgment.
environmental-lawcontinuing-mandamusriver-pollutionarticle-21ganga
Read case brief →Supreme Court of India1988
AIR 1988 Supreme Court 1037 (within the broader Ganga Pollution litigation)
Closure is an appropriate, and sometimes necessary, remedy for non-compliance with orders to install effluent treatment, given the insufficiency of financial penalties alone in some circumstances.
river-pollutionclosure-ordertanneriesganga
Read case brief →Supreme Court of India1988
(1988) 4 Supreme Court Cases 619
An evasive denial in a written statement is treated as an admission under Order VIII Rule 5. Where the defendant merely says an allegation is 'not admitted' without giving any explanation or counter-facts, the denial is evasive and the allegation is deemed admitted.
CPCwritten-statementevasive-denialspecific-denialorder-VIII-rule-5admissiondeemed-admitted
Read case brief →Supreme Court of India1988
AIR 1988 Supreme Court 576
A Karta of a joint Hindu family can enter into a valid partition arrangement or family settlement binding on minor coparceners, provided it is bona fide and for the benefit of the family, without requiring prior court sanction in every case.
kartapowers-of-kartafamily-settlementminor-coparcenerjoint-family
Read case brief →Allahabad High Court1988
AIR 1988 Allahabad 167
Restrictive covenant on land use (residential only) enforceable against successor with constructive notice through registration
property-lawcovenantrestrictiveresidential-useconstructive-noticesection-40
Read case brief →Supreme Court of India1988
(1988) 1 Supreme Court Cases 174
Bank guarantees are autonomous instruments; bank must pay on invocation regardless of underlying disputes
bank-guaranteeautonomyunconditionalinvocationindependence
Read case brief →Supreme Court of India1987
(1987) 2 Supreme Court Cases 666
Bank owes a qualified fiduciary duty to customer including secrecy, good faith, and non-exploitation of confidential information
fiduciary-dutysecrecybanker-customergood-faithconfidentiality
Read case brief →Supreme Court of India1987
(1987) 2 Supreme Court Cases 107; AIR 1987 Supreme Court 1353
Courts should adopt a liberal approach toward condonation of delay under Section 5 of the Limitation Act. Substantial justice should be preferred over technicality. Refusing condonation for a short delay without substantial reason defeats the purpose of the right of appeal.
limitation-actsection-5condonation-of-delaysufficient-causeliberal-approachsubstantial-justice
Read case brief →Supreme Court of India1987
AIR 1987 Supreme Court 1281
Under the Equal Remuneration Act, 1976, the test for determining whether male and female employees are performing 'same or similar work' is a functional one: what matters is the nature and substance of the work actually performed, not the formal job title or designation assigned to the post; where the work performed is substantially similar in nature, skill, and responsibility, differential pay based on sex-linked designations or classifications violates the Act.
equal-remuneration-actsame-or-similar-workfunctional-testgender-pay-parity
Read case brief →Delhi High Court1987
AIR 1987 Delhi 13
Moral right of integrity violated when film adaptation distorts literary work to the prejudice of author's honour/reputation
copyrightmoral-rightsintegrityadaptationfilm
Read case brief →Supreme Court of India1987
AIR 1987 Supreme Court 1086
Enterprises engaged in inherently dangerous activities owe ABSOLUTE liability, no defences available; damages proportional to magnitude of enterprise
absolute-liabilitystrict-liabilityhazardous-activityenterprise-liabilityindian-lawfoundational
Read case brief →Supreme Court of India1987
AIR 1987 Supreme Court 1086
An enterprise engaged in inherently dangerous activity is absolutely liable for harm caused, with no exceptions (no act of God, no third-party defence, no consent). Compensation must be proportionate to the magnitude and financial capacity of the enterprise.
absolute-liabilityoleum-gasshriram-industrieshazardous-activityart-21compensation
Read case brief →Supreme Court of India1987
AIR 1987 Supreme Court 386
Administrative Tribunal (CAT) is valid substitute for HC in service matters provided independence, competence, and judicial approach are maintained
administrative-lawtribunalsCATart-323Aindependencealternative-mechanism
Read case brief →Supreme Court of India1987
AIR 1987 Supreme Court 877
PP must exercise independent judgment in seeking withdrawal. It must not be mechanical rubber-stamping of executive directions. Court must be satisfied withdrawal serves public interest.
prosecutionwithdrawalS.321independencepublic-interestsem-5
Read case brief →Calcutta High Court1986
AIR 1986 Calcutta 143
Bank must pay under LC against compliant documents; underlying disputes about goods do not excuse non-payment
letter-of-creditstrict-complianceindependenceUCPdocumentary-credit
Read case brief →Supreme Court of India1986
AIR 1986 Supreme Court 1571
Standard form contract terms that are unconscionable, unreasonable, and the product of grossly unequal bargaining power may be struck down as opposed to public policy, even absent traditional vitiating factors like fraud or coercion.
standard-form-contractunconscionabilityunequal-bargaining-powerpublic-policy
Read case brief →Supreme Court of India1986
AIR 1986 Supreme Court 1370
The corporate veil may be lifted where the corporate entity is used as a device for fraud, improper conduct, or to defeat public interest
lifting-corporate-veilseparate-legal-entityfraudpublic-interest
Read case brief →Supreme Court of India1986
AIR 1986 SC 1011
The Indian Succession Act 1925 applies uniformly to all Indian Christians, displacing the Travancore Christian Succession Act 1916; daughters inherit equally with sons.
christian-lawsuccessionindian-succession-actequalitytravancoredaughters-share
Read case brief →International Court of Justice1986
ICJ Reports 1986, p. 14
Customary international law prohibition on the use of force and non-intervention exists independently of the United Nations Charter; self-defence requires the attacked state to declare itself a victim
ICJuse-of-forceself-defencecustomary-international-lawnon-interventionjurisdiction
Read case brief →Supreme Court of India1986
AIR 1986 Supreme Court 1773
No child shall be kept in jail or police lockup. Separate homes with education and rehabilitation must be provided for juvenile offenders.
juvenile-justicechildrenarticle-21institutional-caresem-5
Read case brief →Supreme Court of India1986
AIR 1987 Supreme Court 33
Exemptions under land ceiling legislation must be strictly construed; any person claiming exemption must strictly satisfy the statutory conditions without reliance on liberal interpretation
ceiling-lawsexemptionsstrict-constructionKeralaland-reforms
Read case brief →Supreme Court of India1985
AIR 1985 Supreme Court 311
Trade union recognition and the determination of which union represents workers in collective bargaining must be based on objective criteria, such as membership strength verified through a fair process, not on the employer's unilateral preference.
trade-union-recognitioncollective-bargainingmembership-verification
Read case brief →Supreme Court of India1985
AIR 1986 Supreme Court 494
Deliberate, improperly motivated unlawful detention warrants exemplary damages beyond ordinary compensatory damages, given the serious character of this abuse of power.
false-imprisonmentexemplary-damagesmala-fide-detentionarticle-21
Read case brief →Supreme Court of India1985
AIR 1986 Supreme Court 515
Delegated legislation (customs notification) affecting fundamental rights (press freedom) subject to stricter judicial scrutiny; not immune from Art.19 review
administrative-lawdelegated-legislationart-19press-freedomcustoms-dutyjudicial-review
Read case brief →Supreme Court of India1985
AIR 1985 Supreme Court 935
The Supreme Court recommended that irretrievable breakdown of marriage should be made a ground for divorce under all matrimonial statutes; the existing grounds, framed around the matrimonial-offence theory, often compel parties to remain trapped in dead marriages.
divorceirretrievable-breakdownlaw-reformmatrimonial-offence-theory
Read case brief →Supreme Court of India1985
AIR 1985 Supreme Court 945
A divorced Muslim woman is entitled to maintenance under S.125 CrPC (now S.144 BNSS) even after the iddat period if she is unable to maintain herself; the secular provision of maintenance applies to all women irrespective of religion.
maintenancesection-125-crpcmuslim-lawuniform-civil-codedivorced-muslim-woman
Read case brief →Supreme Court of India1985
AIR 1986 Supreme Court 180
Right to livelihood is part of Art.21; pavement dwellers cannot be evicted without notice and hearing; Rule of Law extends to the most vulnerable.
art-21right-to-livelihoodpavement-dwellersnatural-justicePILrule-of-law
Read case brief →Supreme Court of India1985
AIR 1985 Supreme Court 652
Courts must balance environmental protection against genuine developmental and livelihood interests, rather than treating either consideration as automatically dispositive.
environmental-lawsustainable-developmentminingmussoorie-hills
Read case brief →Supreme Court of India1985
(1985) 3 Supreme Court Cases 398; All India Reporter 1985 Supreme Court 1416
Where a proviso to Article 311(2) is validly invoked, the inquiry and with it the right to a hearing are excluded by the Constitution itself, and natural justice cannot be pleaded to restore them. But the satisfaction must rest on relevant material and be reached in good faith, and despite Article 311(3) it remains open to judicial review for mala fides, absence of material or extraneous grounds.
constitutional-lawarticle-311provisosnatural-justicenot-reasonably-practicablejudicial-review42nd-amendmentdismissal
Read case brief →Supreme Court of India1984
(1984) 3 Supreme Court Cases 161
Bonded labour violates Arts.21 and 23; State has positive obligation to identify, release, and rehabilitate bonded labourers.
landmarkbonded-labourArt-21Art-23PILpositive-obligation
Read case brief →House of Lords (UK)1984
[1985] Appeal Cases 374
Three grounds of judicial review: illegality, irrationality, procedural impropriety. Prerogative powers are subject to judicial review. Legitimate expectation recognized.
administrative-lawjudicial-reviewgrounds-of-reviewlegitimate-expectationGCHQdiplockenglish-lawsem-3
Read case brief →Supreme Court of India1984
AIR 1984 Supreme Court 1004
A decision to be a 'decree' under Section 2(2) CPC must satisfy three conditions: (1) it must be a formal expression, (2) it must be an adjudication, and (3) it must conclusively determine rights of parties. Administrative or ministerial orders of court do not qualify as decrees.
CPCdecreesection-2-2formal-expressionadjudicationconclusive-determination
Read case brief →Supreme Court of India1984
AIR 1984 Supreme Court 237
The court has a duty to inquire into the age of the accused suo motu if there is any indication of juvenility. It is not merely the right of the accused but the obligation of the court.
juvenile-justiceage-inquirycourt-dutysuo-motusem-5
Read case brief →Gauhati High Court1984
All India Reporter 1984 Gauhati 41; judgment of 12 May 1983
S.129 of the Transfer of Property Act takes Muslim gifts out of Chapter VII including S.123, so the requirement of a registered instrument does not apply. The three essentials of a valid gift are declaration, acceptance and delivery of possession, actual or constructive, and no written document is required. Where a writing merely records the declaration rather than constituting the gift, S.17 of the Registration Act does not require it to be registered; the facts of each case determine whether the writing is a formal instrument creating the gift or a mere record of it.
muslim-lawgifthibawriting-not-requiredregistrationsection-129-tpasection-17-registration-actsubstance-over-form
Read case brief →Supreme Court of India1984
AIR 1984 SC 1420
Domicile and residence requirements for educational admissions must be reasonable; the case is cited in family law for its discussion of domicile as a connecting factor and the distinction between domicile and mere residence.
domicileresidenceconnecting-factoreducational-admissionsconstitutional-law
Read case brief →Madras High Court1984
AIR 1984 Madras 103
The defensive response must remain proportionate to the actual threat faced; excessive force exceeding what was genuinely necessary is not justified as private defence.
private-defenceproportionalitydefences
Read case brief →Supreme Court of India1984
AIR 1984 Supreme Court 1562
Section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights) is constitutionally valid; it does not violate Article 21, since its object is to preserve the marriage by encouraging cohabitation, and it does not involve forcible sexual cohabitation as such.
restitution-of-conjugal-rightssection-9-hmaarticle-21constitutional-validity
Read case brief →Supreme Court of India1984
AIR 1984 Supreme Court 516
A settlement or award reached in the course of conciliation or adjudication must be interpreted in light of its object and the surrounding circumstances at the time it was made; awards and settlements affecting terms of employment are to be construed in favour of preserving industrial harmony and giving effect to the substance of what the parties intended, rather than a rigid literal reading that defeats that purpose.
interpretation-of-awardsettlementindustrial-harmonyconciliation
Read case brief →Supreme Court of India1983
AIR 1983 Supreme Court 1012
Professional misconduct includes acts that bring disrepute to the legal profession even if not connected with professional work; moral turpitude is a ground for removal.
professional-ethicsmisconductmoral-turpituderemoval
Read case brief →Supreme Court of India1983
AIR 1983 Supreme Court 1272
Ultra vires acts of a company are void and the doctrine of constructive notice applies to the memorandum of association
ultra-viresconstructive-noticememorandumindian-law
Read case brief →Supreme Court of India1983
AIR 1983 Supreme Court 130
Beneficial construction combined with Article 14 prohibits arbitrary exclusion of persons clearly within the protected class of a welfare scheme
beneficial-constructionarticle-14pensionwelfare-legislationarbitrary-classification
Read case brief →Supreme Court of India1983
AIR 1983 Supreme Court 937
S.6 of the Banking Regulation Act provides an exhaustive list of permissible banking activities; business not enumerated is ultra vires
banking-regulationS6permissible-businessultra-viresexhaustive-list
Read case brief →Supreme Court of India1983
AIR 1983 Supreme Court 957
Five categories of rarest-of-rare cases enumerated: manner of commission (extreme brutality), motive (total depravity), anti-social nature, magnitude of crime, personality of victim.
death-penaltyrarest-of-rarecategoriessentencingsem-5
Read case brief →House of Lords (UK)1983
[1983] 1 Appeal Cases 410
Secondary victims must establish close ties of love and affection with the primary victim, close physical and temporal proximity to the event or its immediate aftermath, and direct perception through their own senses.
nervous-shocksecondary-victimproximitynegligence
Read case brief →Supreme Court of India1983
AIR 1983 Supreme Court 328
Payment of wages below the statutorily prescribed minimum wage to workers engaged on famine relief or drought relief works amounts to forced labour within the meaning of Article 23 of the Constitution, and cannot be justified merely because the work is offered as relief during a scarcity or emergency; the state cannot use economic distress as a ground to pay less than minimum wages.
article-23forced-labourminimum-wagesfamine-relief-work
Read case brief →Supreme Court of India1983
AIR 1983 Supreme Court 1039
Transfer of shares is complete only upon registration: entry of transferee's name in the register of members; mere execution of transfer deed is insufficient
share-transferregistrationcompletionregister-of-memberstitle
Read case brief →Andhra Pradesh High Court1983
AIR 1983 Andhra Pradesh 356
Section 9 of the Hindu Marriage Act, 1955 (restitution of conjugal rights) was held unconstitutional as violative of the right to privacy and human dignity under Article 21, because it compels cohabitation and sexual relations against a person's will; this view was later overturned by the Supreme Court in Saroj Rani v Sudarshan Kumar Chadha (1984).
restitution-of-conjugal-rightssection-9-hmaarticle-21privacyoverruled
Read case brief →Supreme Court of India1983
(1983) 1 Supreme Court Cases 194
Plea bargaining, though not formally recognized in statute at the time, was acknowledged as a reality. The Court held that a conviction based on a plea of guilty induced by promise of leniency is vitiated. However, where the accused voluntarily pleads guilty for a lesser offence, it serves the interest of justice by reducing delays.
plea-bargainingguilty-pleaS.313-BNSSvoluntary-pleafair-trialsem-5
Read case brief →Supreme Court of India1982
AIR 1982 Supreme Court 710
Preventive detention under the National Security Act is constitutional, including exclusion of legal representation before Advisory Boards, but Art.22(5) requires detention grounds to be furnished with sufficient particularity and promptness to enable effective representation.
preventive-detentionarticle-22national-security-actadvisory-boardprocedural-safeguards
Read case brief →Supreme Court of India1982
AIR 1982 Supreme Court 806
Seller's non-disclosure of pending litigation affecting title is breach of S.55(1)(a); buyer entitled to rescission
property-lawsaledisclosurelatent-defectsection-55pending-litigation
Read case brief →Supreme Court of India1982
AIR 1982 Supreme Court 169
S.53A is a shield (defence), not a sword (cause of action); does not confer title, only protects possession
property-lawpart-performancesection-53Ashield-not-sword
Read case brief →Supreme Court of India1982
(1982) 1 SCC 4
S.90 raises a presumption of genuineness (that the document is what it purports to be), not a presumption of truth of contents; contents must be proved separately.
evidence-lawpresumptionancient-documentssection-90genuineness-vs-truthdocumentary-evidence
Read case brief →Supreme Court of India1982
AIR 1982 Supreme Court 1081
Assigned lands granted to landless poor under government schemes cannot be alienated, and any transfer in violation of conditions of assignment is void
assigned-landsprohibition-on-alienationland-reformsAndhra-Pradesh
Read case brief →Supreme Court of India1982
(1982) 3 Supreme Court Cases 235
Payment below minimum wage constitutes forced labour under Art.23; poverty vitiates consent; Art.23 operates horizontally against private employers
landmarkArt-23forced-labourminimum-wagePILhorizontal-application
Read case brief →Supreme Court of India1982
AIR 1982 Supreme Court 879
The principle of 'equal pay for equal work,' though not expressly named as a fundamental right in Part III, is deducible from the equality guarantees under Articles 14 and 16, read with the Directive Principle in Article 39(d); persons performing the same or substantially similar duties, functions, and responsibilities are entitled to the same pay scale, absent a rational justification for differentiation.
equal-pay-for-equal-workarticle-14article-16article-39-d
Read case brief →Supreme Court of India1982
AIR 1982 SC 1261
Parliament is entitled to enact different grounds of divorce for different communities; the asymmetry in S.10 IDA was upheld at that time as having a rational basis rooted in the structure of Christian matrimonial law.
christian-lawdivorce-act-1869section-10article-14personal-lawlegislative-competence
Read case brief →Supreme Court of India1982
AIR 1982 Supreme Court 149
Right to know is part of Art.19(1)(a); open government is the norm; locus standi liberalized for PIL
administrative-lawright-to-informationPILlocus-standiart-19transparency
Read case brief →Supreme Court of India1982
AIR 1982 Supreme Court 989
Payment of substantial consideration coupled with delivery of possession constitutes sufficient part performance to invoke S.53A
property-lawTPAsection-53Apart-performanceacts-in-furtherance
Read case brief →Supreme Court of India1981
(1981) 4 Supreme Court Cases 335 / AIR 1981 Supreme Court 1829
Compulsory retirement on first pregnancy is unconstitutional. An employer who permits marriage cannot penalise its natural consequence.
maternitydiscriminationarticle-14article-16termination
Read case brief →Supreme Court of India1981
AIR 1981 Supreme Court 487
Government control test for determining 'State' under Art.12: financial, administrative, and functional control makes a body 'State' regardless of formal autonomy.
administrative-lawart-12stategovernment-control-testinstrumentality
Read case brief →Supreme Court of India1981
AIR 1981 Supreme Court 1364
The power to tax is subject to constitutional limitations; a tax must be authorized by law and cannot be levied arbitrarily.
taxation-lawconstitutional-basisarticle-265no-tax-without-authority
Read case brief →Supreme Court of India1981
(1981) 128 Income Tax Reports 294 (SC)
Where cost of acquisition of a capital asset is indeterminate, the computation machinery fails and capital gains cannot be charged.
taxationcapital-gainscost-of-acquisitionself-generated-goodwillcomputation-failure
Read case brief →1981
450 U.S. 175 (1981)
A process that incorporates a computer program may be patentable if it produces a useful, concrete, and tangible result; the program element alone does not bar patentability (US Supreme Court).
it-lawsoftware-patentprocess-patentuseful-resultus-law
Read case brief →Supreme Court of India1981
AIR 1981 Supreme Court 344
Art.32 is a remedy for enforcement of fundamental rights, not a general instrument for judicial review of every managerial/commercial decision; courts will not interfere with bona fide business decisions of public undertakings absent a demonstrable rights violation.
article-32locus-standimanagerial-decisionsjudicial-reviewpublic-sector
Read case brief →Supreme Court of India1981
AIR 1981 Supreme Court 746
The right to life under Article 21 is not confined to mere animal existence; it includes the right to live with human dignity and all that goes along with it, and extends even to detenus under preventive detention laws.
article-21right-to-lifehuman-dignitydetenu-rightsexpansive-interpretation
Read case brief →Supreme Court of India1981
AIR 1981 Supreme Court 2075; (1981) 4 Supreme Court Cases 634
The Arbitration Act, 1940 had become a source of delay rather than remedy; highlighted need for reform leading to the 1996 Act
ADRarbitrationreform1940-Actlandmark
Read case brief →Court of Appeal (England)1981
[1981] STC 464
The expressio unius est exclusio alterius maxim (expression of one thing implies exclusion of another) applies where a statute lists specific items and omits others. The omission is presumed deliberate. However, the maxim is merely an aid and cannot override clear legislative intent shown by context.
expressio-uniusexclusiondeliberate-omissionmaximstatutory-list
Read case brief →Supreme Court of India1981
AIR 1981 Supreme Court 754
Service of summons must strictly comply with the modes prescribed under Order V CPC; where a defendant is shown to have had actual knowledge of the proceedings despite an irregularity in the mode of service, courts may, in appropriate cases, treat the defect as cured, but this is an exception applied cautiously and does not dilute the general requirement of proper service as a foundational requirement of natural justice in civil proceedings.
service-of-summonsorder-v-cpcactual-knowledgeirregularity-in-service
Read case brief →Gauhati High Court (Division Bench)1981
(1981) 1 Gauhati Law Reports 375
The correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause, and that it must be preceded by an attempt at reconciliation between the husband and wife by two arbiters, one chosen by the wife from her family and the other by the husband from his. If their attempts fail, talaq may be effected. Talaq should not be at the mere desire, sweet will, whim or caprice of the husband, and should not be secret. Jiauddin Ahmed correctly laid down the law, and the contrary Calcutta and Bombay decisions are not correct law.
muslim-lawtalaqreasonable-causereconciliationtwo-arbitersdivision-benchbaharul-islamgauhati
Read case brief →Supreme Court of India1981
(1981) 2 Supreme Court Cases 509; All India Reporter 1981 Supreme Court 1243; judgment of 18 February 1981
The expression divorced wife in the Explanation (b) to S.125(1) of the Code of Criminal Procedure is wide enough to cover a wife whose marriage has been dissolved on her own initiative, including by a decree under the Dissolution of Muslim Marriages Act 1939. Such a woman remains a wife for the purposes of S.125 and is entitled to maintenance.
muslim-lawmaintenancesection-125-crpcdivorced-wifedissolution-of-muslim-marriages-actmodes-of-dissolution
Read case brief →Supreme Court of India1981
AIR 1981 Supreme Court 1298
A private company which is a subsidiary of a public company is deemed to be a public company under the Companies Act and its articles restricting transfer of shares are overridden
deemed-public-companysubsidiaryprivate-companyoppression-mismanagement
Read case brief →Gauhati High Court1981
(1981) 1 Gauhati Law Reports 358
Although a Muslim marriage is a civil contract, a high degree of sanctity attaches to it and dissolution is recognised only in exceptional circumstances. Talaq must be for reasonable cause and must be preceded by attempts at reconciliation between the husband and the wife by two arbiters, one from the wife's family and the other from the husband's. Only if those attempts fail may talaq be effected. The attempt at reconciliation by two relatives, one from each side, is an essential condition precedent to talaq.
muslim-lawtalaqreasonable-causereconciliationtwo-arbitersbaharul-islamgauhatiproof-of-talaq
Read case brief →Supreme Court of India1981
AIR 1981 Supreme Court 1426
The relationship between banker and depositor is primarily that of debtor and creditor; the bank becomes owner of deposited money
banker-customerdebtor-creditordepositsbanking-relationship
Read case brief →Supreme Court of India1981
(1981) 2 Supreme Court Cases 362; All India Reporter 1981 Supreme Court 271
The basic structure doctrine applies to constitutional amendments made after 24 April 1973, the date of Kesavananda Bharati. Amendments made before that date, and laws placed in the Ninth Schedule before it, are immune from challenge on basic structure grounds.
constitutional-lawbasic-structurearticle-31aarticle-31cninth-scheduleprospective-application24-april-1973land-reform
Read case brief →Supreme Court of India1980
AIR 1980 Supreme Court 898
Death penalty is constitutional but restricted to the 'rarest of rare' cases: life imprisonment is the rule, death is the exception
death-penaltyrarest-of-raresentencingpunishment-theoryconstitutionalfoundational
Read case brief →Supreme Court of India1980
(1980) 125 Income Tax Reports 624 (SC)
Income from letting out of property is taxable under the head 'Income from House Property' if the property is used for letting; the nature of the asset determines the head of income.
professional-ethicstaxation-lawincome-from-house-propertyaccounting
Read case brief →US Supreme Court1980
447 U.S. 303 (1980)
Man-made living micro-organisms are patentable subject matter; anything under the sun made by man qualifies
patentsbiotechnologymicro-organismspatentable-subject-matter
Read case brief →House of Lords1980
[1980] 1 Weekly Law Reports 142
The role of the judiciary is to interpret and apply the law as enacted by Parliament, not to legislate. Where Parliament has spoken clearly, the court must give effect to the words used even if the result appears unjust or unwise. Judicial activism cannot substitute for Parliamentary amendment.
judicial-restraintseparation-of-powersparliamentary-sovereigntyclear-wordsrole-of-judiciary
Read case brief →Supreme Court of India1980
(1980) 4 Supreme Court Cases 125; All India Reporter 1980 Supreme Court 1730; judgment of 8 May 1980
Payment of mehr does not automatically operate under S.127(3)(b) of the Code of Criminal Procedure to cancel or discharge an order of maintenance under S.125. S.127(3)(b) is attracted only where the sum paid under customary or personal law is in substance a genuine sum adequate to serve the purpose of maintenance and to prevent destitution, so that it can be said to have been paid on divorce in lieu of maintenance. A conventional or illusory mehr does not qualify.
muslim-lawmaintenancemehrsection-125-crpcsection-127-crpckrishna-iyerdestitutionarticle-141
Read case brief →Supreme Court of India1980
AIR 1980 Supreme Court 1632
Anticipatory bail under S.438 CrPC (now S.482 BNSS) can be granted without time limit. Courts should not impose condition of surrender; that would negate the purpose of anticipatory bail.
anticipatory-bailS.482-BNSSpersonal-libertyarticle-21sem-5
Read case brief →Allahabad High Court1980
AIR 1980 Allahabad 121
Section 47 CPC requires all questions arising between the parties to the suit in which the decree was passed, or their representatives, relating to the execution, discharge, or satisfaction of the decree, to be determined by the executing court and not by a separate suit.
CPCexecutionsection-47questions-in-executionexecuting-court-jurisdictionno-separate-suit
Read case brief →Supreme Court of India1980
AIR 1980 Supreme Court 470
Civil imprisonment for non-payment of a decree debt must be reconciled with Article 21 and Article 11 of the ICCPR. Mere inability to pay is not dishonest avoidance; arrest is permissible only where the judgment-debtor has the means to pay but wilfully refuses or has acted in bad faith.
CPCexecutioncivil-imprisonmentarrestarticle-21ICCPRsection-51order-XXI
Read case brief →Kerala High Court1980
AIR 1980 Kerala 253
Permissive use (by licence) can never ripen into prescriptive easement regardless of duration; use must be 'as of right'
property-laweasementprescriptionpermissive-usesection-15as-of-right
Read case brief →Supreme Court of India1980
AIR 1980 Supreme Court 1789
Clauses 4 and 5 of Article 368, inserted by the 42nd Amendment (which sought to place constitutional amendments beyond judicial review and grant Parliament unlimited amending power), were struck down as violative of the basic structure doctrine; limited amending power itself is a basic feature of the Constitution.
basic-structurearticle-368judicial-review42nd-amendmentharmony-fr-dpsp
Read case brief →Supreme Court of India1980
AIR 1981 Supreme Court 479
An arbitration clause in one document can be incorporated into another contract by reference, provided the reference makes the clause part of the contract
ADRsection-7incorporation-by-referencearbitration-agreement
Read case brief →Supreme Court of India1980
AIR 1980 Supreme Court 1579
Prisoners retain fundamental rights under Art. 21. Rights do not stop at prison gates. Torture, bar fetters, and inhuman conditions are prohibited.
prisoners-rightsarticle-21prison-reformtorturedignitysem-5
Read case brief →Supreme Court of India1980
(1980) 4 Supreme Court Cases 443
The 240-day deeming provision for continuous service under the Payment of Gratuity Act must be liberally construed. An employee who has actually worked 240 days is deemed to have continuous service for that year.
gratuitycontinuous-service240-daysliberal-construction
Read case brief →International Court of Justice1980
ICJ Reports 1980, p 3
A state becomes internationally responsible for acts of private individuals if it subsequently endorses and adopts those acts as its own; states have an absolute duty to protect diplomatic premises and personnel.
PILstate-responsibilitydiplomatic-inviolabilityattributionendorsement
Read case brief →Supreme Court of India1980
(1980) 2 Supreme Court Cases 665
A charge must be specific and definite so as to give the accused clear notice of the accusation. Vague or omnibus charges that do not specify the particulars of time, place, and manner of offence violate the right to a fair trial. However, technical defects in framing of charge that do not prejudice the accused are curable.
chargeframingspecificityS.233-BNSSfair-trialsem-5
Read case brief →Supreme Court of India1979
AIR 1979 Supreme Court 170
A settlement arrived at in the course of conciliation proceedings, if it is fair, genuine, and satisfies the requirements of Section 12(3) of the Industrial Disputes Act, is binding on all workmen of the establishment, including those who did not individually participate in or agree to the settlement, provided it was reached through a properly constituted process.
conciliation-settlementsection-12-3binding-effectfair-and-genuine
Read case brief →Supreme Court of India1979
All India Reporter 1979 Supreme Court 362; (1979) 2 Supreme Court Cases 316; judgment of 6 October 1978
A settlement or agreement between husband and wife at the time of divorce, even if it purports to be in full and final settlement of all claims, does not bar the wife from claiming maintenance under S.125 CrPC if the amount received is not sufficient to maintain her and she is unable to maintain herself. S.127(3)(b) operates to cancel a maintenance order only where the sum paid under customary or personal law is in substance adequate to serve the purpose of maintenance and prevent destitution.
maintenancesection-125-crpcsection-127-crpcfair-settlementdivorced-womanmehrmuslim-law
Read case brief →Supreme Court of India1979
AIR 1979 Supreme Court 1444
Workshop improvement obvious to person skilled in art lacks inventive step; routine trade variation not patentable
patentsinventive-stepobviousnessskilled-person
Read case brief →Supreme Court of India1979
(1979) 1 Supreme Court Cases 292
Prior permission requirement for closure is constitutionally valid as reasonable restriction under Art.19(6); but State cannot force indefinite operation of genuinely unviable business
closureprior-permissionArt-19-1-greasonable-restrictionconstitutional-validity
Read case brief →Supreme Court of India1979
(1979) 117 ITR 1 (Supreme Court)
For depreciation, the asset must be 'used' for the purpose of business; passive ownership without actual use does not qualify.
taxation-lawdepreciationused-for-businessactual-use
Read case brief →Supreme Court of India1979
AIR 1979 Supreme Court 1369
Free legal aid to an indigent accused is a fundamental right under Art. 21. The right to legal aid is part of reasonable, fair and just procedure.
professional-ethicslegal-aidarticle-21fundamental-rightundertrial-prisoners
Read case brief →Supreme Court of India1979
(1979) 3 Supreme Court Cases 431; All India Reporter 1979 Supreme Court 898
Repugnancy under Article 254 requires a direct and irreconcilable conflict between a Union and a State law, such that obedience to one involves disobedience to the other, or an intention on Parliament's part to lay down an exhaustive code occupying the whole field. Where the two operate in different fields or the State law merely supplements the central law, both may stand.
constitutional-lawrepugnancyarticle-254concurrent-listoccupied-fieldlegislative-relationsprevention-of-corruption
Read case brief →Supreme Court of India1979
(1979) 4 Supreme Court Cases 167
Transfer of criminal case can be ordered under S.407 CrPC (now S.430 BNSS) where a reasonable apprehension exists that a fair trial is not possible due to hostile atmosphere, political influence, or media prejudice. The convenience of the accused and ends of justice are paramount considerations.
transferfair-trialS.430-BNSSpolitical-influencesem-5
Read case brief →Supreme Court of India1979
AIR 1979 Supreme Court 621
Promissory estoppel against government: four elements (clear representation, intended reliance, actual reliance, detriment); overrideable only by demonstrated supervening public interest disclosed to court.
administrative-lawpromissory-estoppellegitimate-expectationsem-3
Read case brief →Supreme Court of India1979
(1979) 3 Supreme Court Cases 489; All India Reporter 1979 Supreme Court 1628
The State and its instrumentalities must act fairly and without arbitrariness or discrimination in awarding contracts and conferring benefits. Having laid down a standard or norm for eligibility, the State is bound to adhere to it and cannot depart from it in an individual case.
constitutional-lawarticle-14government-contractstenderarbitrarinessinstrumentality-of-stateeligibility-criteriapublic-largesse
Read case brief →Patna High Court1979
AIR 1979 Pat 142
Under S.119, if a party is evicted from property received in exchange due to defective title, the exchange is voidable and the party can recover their original property
property-lawTPAsection-119exchangeeviction
Read case brief →Supreme Court of India1979
AIR 1980 Supreme Court 52
In a warrant case tried by a Magistrate, once charge is framed and the accused pleads not guilty, the Magistrate must follow the prescribed procedure strictly: prosecution evidence first, then defence. The Magistrate cannot short-circuit the process or deny the accused the right to recall witnesses.
warrant-casemagistrate-trialS.259-BNSSproceduresem-5
Read case brief →Supreme Court of India1979
AIR 1979 Supreme Court 281
An advocate must not suppress material facts from the court; the duty to the court overrides the duty to the client where they conflict.
professional-ethicsduty-to-courtsuppression-of-factsprofessional-misconduct
Read case brief →Supreme Court of India1978
(1978) 2 Supreme Court Cases 213
Triple Test for determining 'industry': (1) systematic activity, (2) cooperation between employer and employee, (3) for production/supply/distribution of goods or services satisfying human wants
landmarkseven-judge-benchindustry-definitiontriple-testsystematic-activity
Read case brief →Queen's Bench Division (England)1978
[1978] Queen's Bench 479
Landowner airspace rights extend only to the height reasonably necessary for the ordinary use and enjoyment of the land, not to an unlimited vertical extent.
trespass-to-landairspaceaviation
Read case brief →Diplomatic Settlement (Liability Convention 1972)1978
1981 XXIII UNRIAA 270 (diplomatic settlement)
Absolute liability under Article II of the Convention on International Liability for Damage Caused by Space Objects (1972) applies without proof of fault for damage caused by a space object on the earth's surface.
PILspace-lawabsolute-liabilityliability-conventionnuclear
Read case brief →Supreme Court of India1978
(1978) 3 Supreme Court Cases 558
Go-slow is NOT a strike (no cessation of work) but IS serious misconduct: more insidious than strike because workers receive full wages while deliberately reducing output
go-slownot-strikemisconductdisciplinary-actionoutput-reduction
Read case brief →Supreme Court of India1978
AIR 1978 Supreme Court 429
Bail is the rule, jail the exception. Refusal of bail is restriction on personal liberty. Relevant factors: flight risk, interference with justice, character of accused, nature of accusation.
bailrule-exceptionpersonal-libertyarticle-21sem-5
Read case brief →Supreme Court of India1978
AIR 1978 Supreme Court 1239
For the purpose of computing the share of a widow or other heir under Section 6 of the Hindu Succession Act, 1956, a notional partition must be deemed to have taken place immediately before the death of the coparcener, and the deceased's share is fixed as if such partition had actually occurred, giving the widow her full notional share plus her inherited share from the deceased.
notional-partitionsection-6-hsawidows-sharecoparcenary-computation
Read case brief →Supreme Court of India1978
AIR 1978 Supreme Court 597
Art.21 requires that procedure established by law be fair, just, and reasonable; not arbitrary, fanciful, or oppressive. Art.14, 19, and 21 are interconnected (the 'golden triangle').
constitutional-lawarticle-21fair-procedurepersonal-libertygolden-triangle
Read case brief →Supreme Court of India1978
(1978) 1 Supreme Court Cases 405; All India Reporter 1978 Supreme Court 851
Article 324 is a reservoir of power enabling the Election Commission to act where the enacted law is silent, so as to ensure a free and fair election. The power must be exercised consistently with existing law and in conformity with natural justice, and is subject to judicial review. A public order must stand on the reasons it discloses and cannot be supported by fresh reasons supplied later.
constitutional-lawarticle-324election-commissionreservoir-of-powerfree-and-fair-electionsnatural-justicereasonsrepoll
Read case brief →Supreme Court of India1978
AIR 1978 Supreme Court 1594
Bail amount must be reasonable. Personal bond without surety suffices for indigent accused. Bail must not become a privilege of the wealthy.
bailpersonal-bondpovertyarticle-14article-21sem-5
Read case brief →Supreme Court of India1978
AIR 1978 Supreme Court 1025
Art.20(3) protection against self-incrimination operates during police interrogation. A person is not bound to answer questions tending to expose them to criminal charge.
self-incriminationarticle-20-3police-interrogationinvestigationright-to-silence
Read case brief →Supreme Court of India1978
AIR 1978 Supreme Court 1613
No copyright in ideas, themes, or subject matter; seven-point test for infringement; only particular form of expression is protected
copyrightidea-expressioninfringementseven-point-test
Read case brief →Allahabad High Court1978
AIR 1978 Allahabad 86
Established common law nuisance principles, including the reasonableness assessment, apply to determine liability for noise interference in the Indian context.
private-nuisancenoisereasonablenessindian-application
Read case brief →Supreme Court of India1978
AIR 1978 Supreme Court 1263
Employer is vicariously liable for wrongs committed by employee in the course of employment, even if the specific act was unauthorised.
vicarious-liabilityemployer-employeecourse-of-employmentrespondeat-superior
Read case brief →Supreme Court of India1978
AIR 1978 Supreme Court 1675
Prisoners retain fundamental rights under Art.21; prison administration must pursue reformation: punishment does not strip away all rights
prisoners-rightsreformationArt-21prison-reformpunishment-theory
Read case brief →Supreme Court of India1977
AIR 1978 Supreme Court 12
Maternity benefit must be calculated for all days of absence including Sundays and rest days, not just working days. Beneficial legislation must be construed liberally.
maternity-benefitsundays-includedbeneficial-constructionsection-5
Read case brief →Allahabad High Court1977
AIR 1977 Allahabad 78
An admission made by a party in pleadings, unless withdrawn or amended with the leave of the court, is binding on the party making it, and the court can act upon such an admission in deciding the rights of the parties, even though the admission is not conclusive proof and can, in appropriate circumstances, be explained or shown to have been made under a mistake.
admissions-in-pleadingsbinding-natureexplanation-of-admission
Read case brief →Supreme Court of India1977
AIR 1977 Supreme Court 1443
Once copyright in musical/literary work assigned to film producer, author cannot independently claim performing rights through IPRS (reversed by 2012 Amendment)
copyrightassignmentperforming-rightsfilm2012-amendment
Read case brief →High Court1977
AIR 1977 (NOC) 42
Where an advocate fails to appear without informing the client, and the client had no knowledge of the non-appearance, the advocate's default may constitute 'sufficient cause' for the client's absence, entitling the client to setting aside of ex parte decree.
CPCex-parte-decreeorder-IX-rule-13sufficient-causeadvocate-defaultnon-appearance
Read case brief →Supreme Court of India1977
AIR 1977 Supreme Court 774
Right of redemption subsists until extinguished by foreclosure decree, court sale, or limitation; mere passage of time does not destroy it
property-lawmortgageredemptionsection-60foreclosurelimitation
Read case brief →Supreme Court of India1977
AIR 1977 Supreme Court 1361
The Commissions of Inquiry Act is constitutionally valid; a Commission appointed by the Union may inquire into state government conduct where the subject relates to a Union legislative entry; natural justice must be followed.
administrative-lawcommissions-of-inquiryfederalismsem-3
Read case brief →Supreme Court of India1977
(1977) 3 Supreme Court Cases 592; All India Reporter 1977 Supreme Court 1361
The satisfaction of the President under Article 356 is subjective and largely political, and was held reviewable only in the narrowest circumstances, such as where the action rested on wholly extraneous considerations or was mala fide. The decision has since been substantially superseded by S R Bommai.
constitutional-lawarticle-356presidents-rulearticle-131subjective-satisfactionjusticiabilitydissolution
Read case brief →Supreme Court of India1977
AIR 1977 Supreme Court 1680
Constructive res judicata bars a subsequent suit on a ground that might and ought to have been raised in an earlier writ petition. A litigant cannot reserve grounds for successive rounds of litigation.
CPCconstructive-res-judicatasection-11explanation-IVwrit-petitionarticle-311might-and-ought
Read case brief →Supreme Court of India1977
(1977) 4 Supreme Court Cases 467
A plaint that is manifestly vexatious and does not disclose a real cause of action must be rejected at the threshold. Courts should not allow process to be abused as a weapon of harassment through frivolous litigation.
CPCrejection-of-plaintorder-VII-rule-11vexatious-plaintabuse-of-processcause-of-action
Read case brief →Supreme Court of India1977
AIR 1977 Supreme Court 1944
Section 14(1) of the Hindu Succession Act converts the limited estate of a Hindu female into an absolute estate, regardless of how the property was acquired; the wide language of S.14(1) must receive liberal interpretation to advance its social purpose of removing gender disability.
successionlimited-estateabsolute-estatesection-14womens-property-rights
Read case brief →Supreme Court of India1977
(1977) 4 Supreme Court Cases 193; All India Reporter 1977 Supreme Court 2328
The consent of a Judge is not required for a transfer under Article 222, but the power may be exercised only in the public interest and never by way of punishment. The consultation with the Chief Justice of India must be full and effective, meaning that he must have all relevant material and a real opportunity to form an informed view.
constitutional-lawarticle-222transfer-of-judgesjudicial-independenceeffective-consultationpublic-interesthigh-court
Read case brief →Supreme Court of India1976
AIR 1976 Supreme Court 1207
Per Khanna J (dissenting, now accepted as correct): the rule of law exists prior to and independent of the Constitution; it cannot be suspended even during Emergency.
administrative-lawrule-of-lawemergencyhabeas-corpussem-3
Read case brief →Court of Appeal (England)1976
[1976] Chancery 55
Court may grant an ex parte order permitting the plaintiff to enter the defendant's premises to inspect and remove documents/articles that constitute evidence of infringement, where there is a real risk of destruction of evidence. This is the "Anton Piller Order" (now called a "search order").
anton-piller-ordersearch-orderex-partepreservation-of-evidenceIP-remedies
Read case brief →Delhi High Court1976
AIR 1976 Delhi 115
A bailee in possession must account for the goods. Where goods are lost or damaged in the bailee's custody, the onus lies on the bailee to prove that he exercised the care required by Section 151.
bailmentsection-151section-152burden-of-proofpledgeduty-of-care
Read case brief →Bombay High Court (Nagpur)1976
All India Reporter 1976 Bombay 23; judgment of 2 December 1974
A gift of an undivided share (musha) in property capable of division is irregular (fasid) and not void (batil), and is perfected and validated by a subsequent partition and delivery to the donee of the share given, or if possession is once taken. Delivery may be effected according to the nature of the property: for tenanted property by the donor requesting the tenants to attorn to the donee, and where donor and donee both reside on the property by some overt act showing a clear intention to transfer possession.
muslim-lawgifthibamushaundivided-shareirregular-giftdelivery-of-possessionattornment
Read case brief →Supreme Court of India1976
AIR 1976 Supreme Court 425
An award made by an arbitrator under Section 10A of the Industrial Disputes Act stands on the same footing as an award made by a tribunal referred by the government, and questions of jurisdictional error in such private arbitration awards can be examined by courts on grounds similar to judicial review of tribunal awards, including whether the arbitrator exceeded the reference.
voluntary-arbitrationsection-10aarbitration-awardjudicial-review
Read case brief →Supreme Court of India1976
(1976) 1 SCC 727
The testimony of a hostile witness is not entirely worthless; the court may rely upon so much of the testimony as is corroborated by other reliable evidence.
evidence-lawhostile-witnesssection-154cross-examination-by-own-party
Read case brief →Supreme Court of India1976
Reasons are the link between the mind of the decision-maker and its conclusion.
administrative-lawreasoned-decisionssem-3
Read case brief →Supreme Court of India1976
(1976) 2 Supreme Court Cases 310
Reasonable classification bearing nexus to legislative object does not violate Article 14; differential treatment of banking companies is constitutionally valid
Art-14reasonable-classificationbanking-regulationdifferential-treatment
Read case brief →Supreme Court of India1976
(1976) 4 Supreme Court Cases 780; All India Reporter 1976 Supreme Court 1569; (1976) 3 Supreme Court Reports 721; judgment of 22 March 1976
Four conditions must be satisfied for a valid dedication of a public nature: the founder must declare his intention to dedicate the property, no particular form being necessary and the declaration being capable of being presumed from express or implied conduct; the founder must divest himself completely of ownership, which may be inferred from delivery of possession; the property must be separated from the rest of his property with a way of access provided; and there must be delivery, which for a mosque means that people should pray there in jamaat, and where there is no express dedication prayers must have been offered with azan and ikamat. Where prayers have once been offered it is unnecessary to prove an express dedication, and dedication may also be inferred from long user as waqf property. Once a kabarstan is a public graveyard, non user does not change its character.
muslim-lawwaqfwaqf-by-usermosquegraveyardkabarstanazanikamat
Read case brief →House of Lords (UK)1975
[1975] Appeal Cases 396
At interlocutory stage, the court should not resolve contested questions of fact or law; it need only satisfy itself there is a serious question to be tried, then consider balance of convenience. Widely adopted in Indian courts alongside the Dalpat Kumar test.
CPCtemporary-injunctioninterlocutoryserious-questionbalance-of-convenienceUK-authority
Read case brief →Supreme Court of India1975
(1975) 4 SCC 664
Secondary evidence is inadmissible without laying proper foundation by proving the original exists and falls within a prescribed condition for its reception.
evidence-lawsecondary-evidencefoundationsection-65documentary-evidence
Read case brief →Supreme Court of India1975
AIR 1976 Supreme Court 242
Professional misconduct is not limited to violations of the BCI Code. The Code is illustrative, not exhaustive. Any conduct unworthy of an advocate constitutes misconduct.
professional-ethicsmisconductdabholkarBCI-codedisciplinary
Read case brief →Supreme Court of India1975
(1975) 99 ITR 118 (Supreme Court)
A receipt that is capital in nature does not become income merely because it is received in the course of business; the character of the receipt must be determined.
taxation-lawcapital-vs-revenuenature-of-receipt
Read case brief →House of Lords (UK)1975
[1975] Appeal Cases 135
Malice defeating qualified privilege requires knowledge of falsity, reckless indifference to truth, or a predominant improper motive unconnected to the duty or interest the privilege protects.
defamationqualified-privilegemalice
Read case brief →Supreme Court of India1975
AIR 1975 Supreme Court 2299
Rule of Law and judicial review are part of the basic structure; Parliament cannot exercise judicial function through constitutional amendment
administrative-lawbasic-structurerule-of-lawseparation-of-powers39th-amendment
Read case brief →Supreme Court of India1975
(1975) 1 SCC 326
In civil cases, the standard of proof is balance of probabilities (preponderance of evidence), not proof beyond reasonable doubt, even for serious allegations like cruelty.
evidence-lawstandard-of-proofcivil-standardbalance-of-probabilitiespreponderance-of-evidencecruelty
Read case brief →Supreme Court of India1975
AIR 1975 Supreme Court 2238
Where a right or obligation is created exclusively by the Industrial Disputes Act, and that Act provides a specific remedy through its own adjudicatory machinery, a civil suit to enforce that right is barred, and the aggrieved party must proceed through the industrial dispute resolution machinery; but where the right sought to be enforced exists independently of the Act, a civil suit remains maintainable.
bar-of-suitindustrial-disputes-actcivil-court-jurisdictionexclusive-remedy
Read case brief →Supreme Court of India1975
AIR 1975 Supreme Court 865
Right to know is implicit in Art.19(1)(a); open government is foundational to democracy; government cannot claim blanket secrecy over its functioning
administrative-lawright-to-informationopen-governmentexecutive-privilegeart-19
Read case brief →Supreme Court of India1975
AIR 1975 SC 1734
When a document over 30 years old is produced from proper custody (government records office) and is regular on its face, court may presume its genuineness under S.90 IEA (now S.90 BSA).
evidence-lawpresumptionancient-documentssection-90proper-custodygenuineness
Read case brief →Supreme Court of India1974
AIR 1974 Supreme Court 555
Article 14 is not confined to the classical 'reasonable classification' test; equality is antithetic to arbitrariness, and any state action that is arbitrary must necessarily involve a negation of equality.
article-14arbitrarinessnew-doctrine-of-equalityreasonable-classification
Read case brief →Supreme Court of India1974
(1974) 2 Supreme Court Cases 393
Section 9 CPC confers an inherent right on every person to institute a civil suit. The jurisdiction of civil courts to try all suits of a civil nature is presumed unless expressly or impliedly barred. Exclusion of jurisdiction is not lightly inferred.
CPCsection-9jurisdictioncivil-courtinherent-rightexclusion-of-jurisdictionpresumption
Read case brief →Supreme Court of India1974
AIR 1974 Supreme Court 1660
Taxation requires express legislative sanction (Art.265); executive cannot determine tax rate without legislative guidance in parent statute
administrative-lawdelegated-legislationtaxationart-265excessive-delegation
Read case brief →International Court of Justice1974
ICJ Reports 1974, p. 253
Unilateral declarations made publicly by states with intent to be bound create legally binding obligations under international law
ICJunilateral-declarationsmootnessnuclear-testingbinding-obligationssources-of-international-law
Read case brief →Supreme Court of India1974
AIR 1974 Supreme Court 348
Art. 20(3) protects against testimonial compulsion, not against search and seizure of physical evidence. Seizure of documents from accused does not violate self-incrimination privilege.
self-incriminationarticle-20-3search-seizureevidencesem-5
Read case brief →Supreme Court of India1974
AIR 1974 Supreme Court 396
A lease exceeding one year without a registered instrument does not create a valid leasehold interest; it may be treated as month-to-month tenancy
property-lawTPAsection-107leaseregistrationone-year
Read case brief →Supreme Court of India1974
(1974) 2 Supreme Court Cases 831; All India Reporter 1974 Supreme Court 2192
The President and the Governor are constitutional or formal heads of the executive. They exercise their powers and functions on the aid and advice of their Council of Ministers, save in a few well known exceptional situations, and the satisfaction required by the Constitution is that of the Council of Ministers and not their personal satisfaction.
constitutional-lawarticle-74article-163article-77article-166constitutional-headaid-and-advicesatisfaction
Read case brief →Supreme Court of India1974
AIR 1974 Supreme Court 890
Whether premises are a factory under the Factories Act turns on manufacturing process and worker numbers, not registration. A temporary seasonal operation can be a factory.
factories-actfactory-definitionmanufacturing-processseasonal-operation
Read case brief →Supreme Court of India1973
AIR 1973 Supreme Court 2145
In a criminal appeal, the appellate court can reappraise evidence independently but should not disturb findings of fact unless they are perverse, based on no evidence, or result in miscarriage of justice.
appealrevisionevidence-reappreciationS.415-BNSSappellate-powerssem-5
Read case brief →Supreme Court of India1973
AIR 1973 Supreme Court 231
The Advocates Act is a complete code on legal practice. The State cannot legislate additionally on matters covered by it. The field is occupied.
professional-ethicsadvocates-actlegislative-competencecomplete-codestate-legislation
Read case brief →Supreme Court of India1973
(1973) 88 Income Tax Reports 192 (SC)
In cases of ambiguity in a taxing statute, the interpretation favourable to the assessee must be adopted.
taxationinterpretationambiguityassessee-favourable-constructionstrict-interpretation
Read case brief →House of Lords1973
[1973] Appeal Cases 360
In quasi-partnership companies, the court may order winding up on the 'just and equitable' ground where there has been a breach of the equitable considerations (legitimate expectations) superimposed upon the strict legal rights.
winding-upjust-and-equitablequasi-partnershiplegitimate-expectationsequitable-considerations
Read case brief →Supreme Court of India1973
AIR 1973 Supreme Court 569
Lis pendens (S.52) applies irrespective of notice; based on public policy and necessity of litigation, not constructive notice
property-lawTPAsection-52lis-pendenspublic-policylandmark
Read case brief →Supreme Court of India1973
AIR 1974 Supreme Court 510
Habeas corpus focuses on legality of detention; physical production of the detainee in every case is not mandatory.
administrative-lawhabeas-corpussem-3
Read case brief →Supreme Court of India (13-judge bench)1973
AIR 1973 Supreme Court 1461
Parliament's amending power under Article 368 cannot alter the basic structure of the Constitution.
basic-structure-doctrineconstitutional-amendmentsarticle-368ninth-schedulefundamental-rights
Read case brief →Supreme Court of India1973
AIR 1974 Supreme Court 532
An order made without reasons vitiates the decision; the affected party is deprived of the ability to challenge it meaningfully.
administrative-lawreasoned-decisionsnatural-justicesem-3
Read case brief →Court of Appeal (England)1973
[1973] 1 WLR 115
In exceptional criminal cases where the liberty of a person is at stake, the court may require disclosure of lawyer-client privileged communications if they are essential to establishing innocence; the right to fair trial may override professional privilege.
evidence-lawprivilegelegal-professional-privilegefair-trialenglish-law
Read case brief →Supreme Court of India1973
AIR 1973 Supreme Court 964
Mandamus lies to compel a public authority to exercise a statutory discretion it has refused to exercise; it cannot direct the outcome of that discretion.
administrative-lawmandamusdiscretionsem-3
Read case brief →Supreme Court of India1973
AIR 1973 Supreme Court 1227
The definition of 'lay-off' under Section 2(kkk) of the Industrial Disputes Act requires the failure, refusal, or inability of an employer to give employment arising from specified causes (shortage of coal, power, raw materials, accumulation of stock, breakdown of machinery, or natural calamity); an employer cannot invoke lay-off for reasons falling outside this exhaustive statutory list, and such action, if unjustified, is treated as illegal, entitling workmen to full wages.
lay-offsection-2-kkkexhaustive-groundswages-during-layoff
Read case brief →House of Lords (UK)1972
[1972] Appeal Cases 877
An occupier owes a duty of 'common humanity' even to trespassers; the old rule of no duty to trespassers (Addie v Dumbreck) was departed from.
tort-lawoccupiers-liabilitytrespassersduty-of-carecommon-humanity
Read case brief →Supreme Court of India1972
AIR 1972 Supreme Court 1031
A domestic disciplinary inquiry, held by the employer before an order of dismissal, must be conducted fairly; where the domestic inquiry is found to be defective or invalid (for want of natural justice), the tribunal adjudicating the resulting industrial dispute can permit the employer to adduce fresh evidence to justify the dismissal before the tribunal itself, giving the employer a further opportunity to establish misconduct despite the flawed inquiry.
domestic-inquirydefective-inquiryfresh-evidence-before-tribunalnatural-justice
Read case brief →Supreme Court of India1972
AIR 1972 Supreme Court 1555
The principle of contemporanea expositio (interpretation by usage or practice contemporaneous with the enactment) is a valid aid to statutory interpretation.
contemporanea-expositioadministrative-practiceexternal-aidslong-standing-usage
Read case brief →Supreme Court of India1972
(1972) 83 Income Tax Reports 26 (SC)
Penalty should not be imposed merely because it is lawful to do so; where breach is technical or bona fide, penalty may be declined.
taxationpenaltydiscretionbona-fidetechnical-breachdeterrent
Read case brief →Supreme Court of India1972
AIR 1972 Supreme Court 2427
Delegated legislation (rules made under a statute) cannot go beyond the scope of the enabling Act. A power to make procedural rules does not include the power to alter substantive rights created by the parent Act. Subordinate legislation ultra vires the parent statute is void.
delegated-legislationultra-viresprocedural-rulessubstantive-rightsenabling-act
Read case brief →Supreme Court of India1972
AIR 1972 Supreme Court 1295
S.6 POA mandates that no person under 21 shall be imprisoned without first considering probation. Court must call for probation officer's report and record reasons before sentencing under-21 offender.
probationunder-21S.6-POAmandatorysentencingsem-5
Read case brief →Supreme Court of India1972
AIR 1972 Supreme Court 1199
S.52 (lis pendens) applies only to the specific property that is the subject-matter of litigation; other properties of the litigant are not affected
property-lawlis-pendenssection-52scopesubject-matter
Read case brief →Supreme Court of India1972
(1972) 86 ITR 122 (Supreme Court)
Remuneration received by a director from a company in which substantial shares are held is taxable under 'Salary' if there is an employer-employee relationship.
taxation-lawdirectorsalaryemployer-employee
Read case brief →Madras High Court1972
AIR 1972 Madras 398
The recognised elements of defamation, false defamatory statement, reference to the plaintiff, and publication, must each be established.
defamationpublicationreference-to-plaintiff
Read case brief →Supreme Court of India1972
AIR 1972 Supreme Court 1917
Standing orders certified under the Industrial Employment (Standing Orders) Act, 1946 have statutory force and are binding on both employer and workmen as implied terms of the contract of employment; an employer cannot unilaterally alter certified standing orders without following the prescribed modification procedure.
standing-orderscertificationbinding-effectindustrial-employment-act
Read case brief →Supreme Court of India1972
(1971) 2 Supreme Court Cases 779; All India Reporter 1972 Supreme Court 1061
Legislative competence of Parliament is tested by first asking whether the subject falls within the State List. If it does not, Parliament is competent by virtue of Article 248 read with Entry 97 of the Union List, whether or not any specific Union entry covers it. Taxes on the capital value of assets are distinct from taxes on lands and buildings.
constitutional-lawresiduary-powerarticle-248entry-97wealth-taxlegislative-competenceagricultural-landfinancial-relations
Read case brief →Kerala High Court1971
All India Reporter 1971 Kerala 261; judgment of 24 June 1970
S.2(ii) of the Dissolution of Muslim Marriages Act 1939 is satisfied by the objective fact that the husband has failed to provide maintenance for two years, and the wife's own conduct in contributing to that failure does not defeat her claim to a decree. The 1939 Act is beneficial legislation for a weaker section and is to be construed accordingly.
muslim-lawdissolution-of-muslim-marriages-actfailure-to-maintainkhulakrishna-iyerbeneficial-construction
Read case brief →Supreme Court of India1971
AIR 1971 Supreme Court 321
The Board of Directors' refusal to register a transfer of shares must be exercised bona fide, in the interest of the company, and within a reasonable time; arbitrary or mala fide refusal is invalid.
transfer-of-sharesboard-powersbona-fideregistration-refusal
Read case brief →Supreme Court of India1971
AIR 1971 Supreme Court 1210
Banker's general lien under S.171 does not apply where securities are deposited for a specific purpose (implied contract to the contrary)
bankers-lienS171specific-purposeimplied-contractsafe-custody
Read case brief →Supreme Court of India1971
(1971) 1 SCC 731
A religious endowment is not the manager's property; the manager holds a position of trust, and the State may regulate its administration in the interest of the institution and the public without violating Art.26.
religious-endowmentmanagertruststate-regulationarticle-26waqfmutawalli
Read case brief →Supreme Court of India1971
(1971) 2 Supreme Court Cases 873
The two essential conditions of partnership are an agreement to share the profits of a business and the business being carried on by all or any of the partners acting for all. Concentration of management and control in one partner does not destroy the partnership.
partnershipsection-4mutual-agencytrue-testprofit-sharingcontrol-and-management
Read case brief →Supreme Court of India1971
(1971) 1 Supreme Court Cases 742
Domestic inquiry before dismissal is mandatory regardless of how clear the misconduct appears; right to be heard is not dispensable
domestic-inquirymandatorynatural-justiceobvious-misconductdismissal
Read case brief →Supreme Court of India1971
AIR 1971 Supreme Court 2352
A person who has converted out of Hinduism can reconvert to Hinduism without any formal ceremony; a bona fide intention to revert to the Hindu fold and acceptance by the community are sufficient for reconversion.
reconversionwho-is-hinduapplication-of-hindu-lawconversion
Read case brief →Supreme Court of India1971
AIR 1971 Supreme Court 1865
Mere production and marking of a document as an exhibit during trial does not by itself amount to proof of the truth of its contents; unless the document is proved in accordance with the law of evidence, such as through examination of the person who authored it or otherwise establishing its authenticity and truth, it cannot be relied upon as substantive evidence of the facts it contains.
proof-of-documentsmarking-of-exhibitsdistinction-between-production-and-proof
Read case brief →Court of Appeal (England)1971
[1971] 2 Queen's Bench 163
Where a contract is formed at an automatic machine, terms printed on a ticket issued by the machine come too late to be incorporated; the more unusual or onerous a clause, the greater the notice required to incorporate it.
exclusion-clauseincorporationautomatic-machinereasonable-noticeonerous-termsstandard-form
Read case brief →Supreme Court of India1971
(1971) 2 Supreme Court Cases 63; All India Reporter 1971 Supreme Court 1002
Article 74(1) is mandatory. There must at all times be a Council of Ministers with the Prime Minister at its head to aid and advise the President, and the Council does not cease to hold office on the dissolution of the House of the People.
constitutional-lawarticle-74article-75council-of-ministersdissolutionprime-ministerresponsible-government
Read case brief →Supreme Court of India1970
AIR 1970 Supreme Court 150
Natural justice applies to administrative (not only quasi-judicial) functions; duty to act fairly applies wherever rights are affected; rule against bias in selection processes
administrative-lawnatural-justicebiasselection-processadministrative-functionskraipak
Read case brief →Supreme Court of India1970
AIR 1970 Supreme Court 512
Standing orders certified under the Industrial Employment (Standing Orders) Act become part of the statutory conditions of service and are binding once certified; an employer's proposed changes to standing orders require the certifying officer's approval following the prescribed procedure, and cannot be enforced unilaterally by the employer as a fait accompli.
standing-orderscertification-procedurecertifying-officermodification
Read case brief →Supreme Court of India1970
AIR 1970 Supreme Court 1228
Distinction between 'public order' and 'law and order': public order is the widest ripple in a pond (community-wide impact); mere law and order is the ripple closest to the pebble (individual impact).
public-orderlaw-and-orderdistinctionpreventive-powerssem-5
Read case brief →Gujarat High Court1970
AIR 1970 Gujarat 90
Non-registration of charge renders it void against liquidator and other creditors; the debt survives but the security is lost
chargesregistrationvoidliquidatorunsecured-creditorS77
Read case brief →Supreme Court of India1970
(1970) 77 ITR 518 (Supreme Court)
Subsidy received from the Government for running transport services is revenue in nature and taxable as business income.
taxation-lawsubsidyrevenue-receiptbusiness-income
Read case brief →House of Lords1970
[1970] Appeal Cases 642
Penal statutes must be construed strictly in favour of the accused. Where the words of a penal provision are ambiguous, the construction less burdensome to the accused must be preferred. The court cannot extend penal liability by strained interpretation.
penal-statutestrict-constructionambiguityfavour-accusedliberty
Read case brief →Supreme Court of India1970
AIR 1971 Supreme Court 481
Pre-censorship of films is constitutionally valid as a reasonable restriction under Art.19(2). The classification system must be guided by standards that are not vague and must provide procedural safeguards against arbitrary exercise.
article-19reasonable-restrictionscensorshipconstitutional-lawsem-5
Read case brief →Supreme Court of India1970
AIR 1970 Supreme Court 504
A person who is not a party to a contract cannot sue upon it, even where the contract purports to confer a benefit or impose an obligation affecting them, reaffirming the general privity rule.
privity-of-contractstranger-to-contractindian-application
Read case brief →Supreme Court of India1970
AIR 1970 Supreme Court 1906
If the strain of work is a contributing cause to a heart attack, the injury arises out of employment. Employment need not be the sole cause; contribution is sufficient.
compensationheart-attackarising-out-of-employmentcontributing-causework-strain
Read case brief →Supreme Court of India1970
AIR 1971 Supreme Court 2486
An order under S.144 CrPC (now S.163 BNSS) is subject to judicial review. The affected person can challenge it under S.133 CrPC or under Art.226/Art.32. The order must disclose material facts demonstrating urgency; a blanket order without application of mind is bad in law.
S.163-BNSSpreventive-ordersjudicial-reviewpublic-orderArt-19sem-5
Read case brief →Supreme Court of India1970
AIR 1970 Supreme Court 1407
An establishment carrying on activities of a philanthropic, charitable, or purely medical/educational nature, without a profit-making or commercial motive, does not constitute an 'industry' under Section 2(j) of the Industrial Disputes Act, since the systematic activity must be analogous to trade or business to qualify.
definition-of-industrysection-2jcharitable-institutionhospital
Read case brief →Supreme Court of India1970
(1970) 2 Supreme Court Cases 879
Termination styled as 'discharge simpliciter' (without attributing misconduct) constitutes retrenchment requiring statutory compliance
discharge-simpliciterretrenchmentsubstance-over-formS25F
Read case brief →Allahabad High Court1970
AIR 1970 Allahabad 334
Enforcement of a decree is as important as passing it. The executing court must act expeditiously and cannot frustrate the decree by raising technical objections not available to the judgment-debtor.
CPCexecutiondecree-enforcementexpeditiousorder-XXIjudgment-debtor
Read case brief →Supreme Court of India1970
AIR 1970 Supreme Court 564
Deprivation of property requires fair compensation and the law must not be arbitrary; property rights cannot be illusory
propertycompensationbank-nationalisationfundamental-rights
Read case brief →Supreme Court of India1970
(1970) 1 Supreme Court Cases 248
Bank nationalisation is valid as public purpose but must provide adequate compensation; the 1969 Act struck down for inadequate compensation
nationalisationfundamental-rightsArt-14Art-19Art-31banking-regulationcompensation
Read case brief →Supreme Court of India1970
AIR 1970 Supreme Court 679
In a disciplinary inquiry against an employee, the principles of natural justice require that the employee be given a fair opportunity to know the charges against him, to lead evidence in his defence, and to cross-examine witnesses relied upon by the employer; a disciplinary finding reached in violation of these safeguards is vitiated and cannot sustain a punishment of dismissal or removal.
disciplinary-proceedingsnatural-justicefair-opportunitycross-examination
Read case brief →Supreme Court of India1970
AIR 1970 Supreme Court 1566
FIR is not substantive evidence. It can only be used to corroborate (S.157) or contradict (S.145) the maker. Its value is as the earliest version of events.
FIRevidencecorroborationcontradictionnot-substantivesem-5
Read case brief →Supreme Court of India1969
AIR 1969 Supreme Court 297
The liability of a surety under Section 128 is immediate and co-extensive with that of the principal debtor. A creditor is not bound to exhaust his remedies against the principal debtor, or to realise any security, before proceeding against the surety.
guaranteesuretysection-128co-extensive-liabilityimmediacy
Read case brief →Queen's Bench Division (England)1969
[1969] 1 Queen's Bench 428
The but-for test requires proof that the harm would not have occurred but for the defendant's breach; where the harm was inevitable regardless, factual causation is not established.
negligencecausationbut-for-test
Read case brief →Gujarat High Court1969
AIR 1969 Gujarat 243
Improper framing of issues is a serious irregularity. Where issues are not properly framed, evidence led may be irrelevant, and the decree is liable to be set aside on appeal.
CPCframing-of-issuesorder-XIVirregular-issuesappealsetting-aside-decree
Read case brief →Court of Appeal (England)1969
[1969] 2 Queen's Bench 375
The subject matter of fair comment must genuinely involve a matter the public has a legitimate interest in commenting upon.
defamationfair-commentpublic-interest
Read case brief →Supreme Court of India1969
AIR 1970 Supreme Court 446
In proceedings for maintenance under S.125 CrPC (now S.144 BNSS), the standard of proof is preponderance of probability, not proof beyond reasonable doubt. The wife need not prove neglect or refusal conclusively: a prima facie case suffices for the Magistrate to pass an order.
maintenanceS.144-BNSSstandard-of-proofwife-children-parentssem-5
Read case brief →International Court of Justice1969
ICJ Reports 1969, p 3
A treaty rule crystallises into customary international law only if norm-creating in character and followed by widespread, representative state practice accompanied by opinio juris sive necessitatis.
PILcustomopinio-jurisstate-practicecontinental-shelfequidistance
Read case brief →Supreme Court of India1969
AIR 1969 Supreme Court 634
Property is not an absolute right but a social function; it is subject to state regulation in the interest of the community
propertysocial-functionsociological-schoolstate-regulation
Read case brief →Supreme Court of India1968
AIR 1968 Supreme Court 1432
Under Section 141 a surety is entitled to the benefit of every security the creditor holds against the principal debtor, whether or not the surety knew of it. If the creditor loses or parts with such security without the surety's consent, the surety is discharged to the extent of the value of that security.
guaranteesuretysection-141dischargeloss-of-securitypro-tanto
Read case brief →Supreme Court of India1968
AIR 1969 Supreme Court 78
Laid down the seven principles governing when a civil court's jurisdiction is excluded by a special statute providing its own machinery for adjudication of disputes arising under it; exclusion of civil court jurisdiction is not to be readily inferred, and where a statute is found to be ultra vires, or a remedy provided under it is not adequate, or fundamental procedural requirements have not been complied with, civil court jurisdiction is not excluded despite an apparently exclusionary provision.
exclusion-of-civil-court-jurisdictionbar-of-suitseven-principlesspecial-statute
Read case brief →Calcutta High Court1968
AIR 1968 Calcutta 407
A 'gherao' (physical surrounding and confinement of management personnel by workers) is not a legitimate form of protest or trade union activity protected by law; it amounts to wrongful confinement and unlawful restraint, and is not covered by the immunities granted to trade unions for peaceful and lawful industrial action.
gheraowrongful-confinementtrade-union-immunityunlawful-protest
Read case brief →Allahabad High Court1968
AIR 1968 Allahabad 396
The Turquand rule (doctrine of indoor management) applies in India; debenture holders are protected even if the company passed a wrong type of resolution
indoor-managementturquand-ruleindian-lawdebenture-holders
Read case brief →Court of Appeal (England)1968
[1968] 1 Weekly Law Reports 956
Collecting company cheque into employee's personal account without inquiry constitutes negligence; S.131 protection lost
collecting-bankernegligenceS131conversioncompany-chequepersonal-account
Read case brief →Supreme Court of India1968
All India Reporter 1968 Supreme Court 1218; (1968) 3 Supreme Court Reports 214
Where a contract is void for non-compliance with Article 299, no action lies on the contract and there can be no estoppel or ratification. But the party who has performed may recover the value of the benefit conferred under Section 70 of the Indian Contract Act, 1872, on a quasi-contractual basis.
constitutional-lawarticle-299government-contractsquasi-contractsection-70restitutionunjust-enrichment
Read case brief →House of Lords, United Kingdom1968
[1968] Appeal Cases 997
A statutory discretion must be exercised to promote the purposes of the enabling Act; a minister cannot use discretion to frustrate the policy Parliament intended.
administrative-lawdiscretionadministrative-discretionsem-3
Read case brief →Supreme Court of India1968
AIR 1968 Supreme Court 843
Where an employee is dismissed without a proper inquiry, and reinstatement is directed, the question of back wages for the intervening period is a matter of discretion for the tribunal, to be exercised having regard to the circumstances, including whether the workman was gainfully employed elsewhere during the period, and is not an automatic entitlement flowing mechanically from a finding of illegal termination.
reinstatementback-wagesdiscretion-of-tribunalillegal-termination
Read case brief →Supreme Court of India1968
AIR 1968 Supreme Court 718
Promissory estoppel operates against the government; the government is bound by its representations when parties have acted in reliance on them to their detriment.
administrative-lawpromissory-estoppelsem-3
Read case brief →House of Lords1967
[1967] 1 Appeal Cases 853
Courts may recognise the acts of an unrecognised government as valid if that government acts as a subordinate or agent of a recognised sovereign state. The "agency theory" allows circumventing non-recognition where practical necessity demands.
recognitionagency-theoryunrecognised-governmenteast-germanypractical-necessity
Read case brief →Supreme Court of India1967
AIR 1967 Supreme Court 1643
Parliament has no power to abridge or take away any of the fundamental rights in Part III through the amending power under Article 368; a constitutional amendment is 'law' within Article 13(2). (Overruled by Kesavananda Bharati, 1973.)
article-368article-13fundamental-rightsconstitutional-amendmentoverruled
Read case brief →Supreme Court of Pakistan1967
Pakistan Legal Decisions 1967 Supreme Court 97
Under Muslim law a wife is entitled to khula as of right if she satisfies the court that she would otherwise be forced into a hateful union, even if the husband does not consent and does not pronounce talaq. Where the husband disputes the right, the dispute is for the Qazi, that is the court, to adjudicate. The right is controlled rather than absolute, in that its success depends on the court being satisfied that the spouses cannot live within the limits of God, and it is conditional on the wife restoring or agreeing to restore the dower or other consideration received. Khula is separation and not talaq, so the husband has no right to take the wife back as he would after talaq-i-raja'i.
muslim-lawkhulawife-initiated-divorcepakistanpersuasive-authorityqazidower-restorationcomparative
Read case brief →Supreme Court of India1967
AIR 1967 Supreme Court 1322
A pawnee's right to recover the debt is correlative to his ability to redeliver the pledged goods on payment. A pawnee who has parted with or cannot produce the goods cannot enforce the debt, because that would defeat the pawnor's right of redemption under Section 177.
pledgepawneesection-176section-177redemptioncorrelative-obligation
Read case brief →Supreme Court of India1967
AIR 1967 Supreme Court 1857
The expression 'State' under Article 12 extends to include statutory corporations invested with powers to make binding rules with the force of law, functioning as an instrumentality of government.
article-12definition-of-statestatutory-corporationinstrumentality-of-state
Read case brief →Supreme Court of India1967
AIR 1967 Supreme Court 744
Absolute restraint on alienation attached to a gift is void under S.27 TPA
property-lawrestraint-on-alienationsection-27void-conditiongift
Read case brief →House of Lords1967
[1967] 2 Appeal Cases 134
Directors must account for any profit made by virtue of their position; the no-profit rule is strict and applies irrespective of whether the company could have obtained the profit itself or suffered any loss.
directorsfiduciary-dutyno-profit-ruleaccountabilitycorporate-opportunity
Read case brief →Supreme Court of India1967
AIR 1967 Supreme Court 1269
Before making an adverse order (retirement on ground of age discrepancy), authority must give notice and opportunity to the affected person: audi alteram partem applies
administrative-lawnatural-justiceaudi-alteram-partemadverse-ordergovernment-servant
Read case brief →Supreme Court of India1967
AIR 1967 Supreme Court 1153
Election must be with full knowledge of rights; election made in ignorance can be reopened
property-lawelectionsection-35ignoranceknowledge
Read case brief →Supreme Court of India1966
AIR 1966 Supreme Court 1648
The Central Government's power to order investigation of a company must be exercised on a reasonable basis; the satisfaction of the government must be objective and not based on mere suspicion.
investigationcentral-governmentobjective-satisfactionreasonable-basisjudicial-review
Read case brief →Supreme Court of India1966
AIR 1966 Supreme Court 543
For instantaneous modes of communication such as telephone, the contract is complete where and when the acceptance is heard by the offeror, not where it is spoken.
instantaneous-communicationtelephoneacceptancejurisdiction
Read case brief →Supreme Court of India1966
AIR 1966 Supreme Court 735
Amendment of pleadings introducing a new cause of action is permitted if it does not constitute a fresh suit barred by limitation. Courts should lean towards amendments that serve justice, not defeat it.
CPCamendment-of-pleadingsorder-VI-rule-17new-cause-of-actionlimitationjustice-oriented
Read case brief →Supreme Court of India1966
All India Reporter 1966 Supreme Court 1987; (1967) 1 Supreme Court Reports 77
District judges may be appointed only from two sources: persons already in the judicial service, meaning a service consisting exclusively of persons intended to fill judicial posts, and advocates of at least seven years standing recommended by the High Court. Consultation with the High Court under Article 233 is mandatory.
constitutional-lawarticle-233article-236district-judgesubordinate-judiciaryarticle-50judicial-serviceseparation-of-powers
Read case brief →Supreme Court of India1966
AIR 1966 Supreme Court 1342
In a taxing statute, the court cannot supply casus omissus (a case omitted). If the Legislature has failed to cover a particular case, the court cannot extend the charging provision by implication to cover it. The subject is free of tax unless clearly within the letter of the law.
taxing-statutecasus-omissusstrict-constructionno-implicationcharging-section
Read case brief →Mysore High Court1966
AIR 1966 Mysore 62
Non-enjoyment of a discontinuous easement for 20 years extinguishes it regardless of the dominant owner's subjective intent to retain
property-laweasementssection-44extinctionnon-use
Read case brief →Supreme Court of India1966
AIR 1966 Supreme Court 81
Alternative remedy bar is not absolute; HC retains discretion under Art.226 where fundamental right violated, NJ breached, or authority acted without jurisdiction
administrative-lawwritsalternative-remedyart-226exceptions
Read case brief →Supreme Court of India1966
AIR 1967 Supreme Court 691
The Full Bench Formula (laid down in Associated Cement Companies) for fixing wages is not a rigid formula. It provides a floor and framework but must be adapted to the financial capacity of the industry and cost of living. Bonus and dearness allowance are distinct from wages.
full-bench-formulawage-fixationminimum-wagesfinancial-capacitybonus
Read case brief →Supreme Court of India1966
AIR 1966 Supreme Court 1265
A set-off, whether legal (under Order VIII Rule 6 CPC) or equitable, is a defence available to a defendant to extinguish or reduce the plaintiff's claim, decided within the framework of the same suit, and unlike a counterclaim, does not confer upon the defendant an independent status as a plaintiff seeking separate affirmative relief beyond the ambit of the original claim.
set-offorder-8-rule-6legal-set-offequitable-set-offdefence
Read case brief →Madras High Court1966
AIR 1966 Madras 13
An exemption clause limiting liability must be brought to the customer's reasonable notice at or before the time of contracting to be binding; a clause on a receipt handed over after the contract is concluded does not bind the customer.
standard-form-contractreasonable-noticeexemption-clausetiming
Read case brief →Supreme Court of India1966
AIR 1966 Supreme Court 740
Security proceedings cannot be used to suppress legitimate political activity. The apprehended breach must be proximate to public order, not speculative.
securitypublic-orderpolitical-rightsarticle-19preventive-actionsem-5
Read case brief →Supreme Court of India1966
AIR 1966 Supreme Court 1119
Hinduism is not a religion in the narrow Western sense but a way of life; it is broad enough to include within it all forms of belief and worship, including those of Swaminarayan sect followers, who remain Hindus for the purpose of Hindu law.
who-is-hinduhinduism-definitionway-of-lifeswaminarayanapplication-of-hindu-law
Read case brief →Supreme Court of India1966
AIR 1966 Supreme Court 1697
Master is vicariously liable even when servant commits an expressly prohibited act, if the prohibited act is merely an unauthorised MODE of doing authorised work
vicarious-liabilityprohibited-actunauthorised-modecourse-of-employment
Read case brief →Supreme Court of India1965
AIR 1965 Supreme Court 1564
For a conviction under Section 494 IPC (bigamy), the second marriage must be proved to have been performed with the essential ceremonies required by the applicable personal law; a marriage lacking proper ceremonies is not a valid marriage in the eyes of law and cannot found a bigamy conviction.
bigamysection-494-ipcessential-ceremoniesvoid-marriage
Read case brief →Supreme Court of India1965
AIR 1965 Supreme Court 917
Workers who absent themselves from duty under the mistaken but bona fide belief that a declared holiday entitled them to be absent, and who did not intend to strike or act in defiance of the employer, cannot be treated as having gone on an illegal strike; dismissal for such absence, disproportionate to the actual conduct involved, is not sustainable, and reinstatement is the appropriate remedy.
bona-fide-absenceillegal-strikeproportionality-of-punishmentreinstatement
Read case brief →House of Lords1965
[1965] Appeal Cases 402
Where a word appears in different sections of the same statute, there is a presumption of uniform meaning (same word, same meaning throughout). However, this presumption yields where the context clearly requires a different meaning in different sections.
uniform-meaningsame-wordcontextinternal-aidspresumption
Read case brief →Supreme Court of India1965
All India Reporter 1965 Supreme Court 1082; (1965) 2 Supreme Court Reports 112
A hire purchase agreement has a dual character. It is a bailment coupled with an option to purchase, and the sale takes effect only when the option is exercised. Tax on the sale can therefore be levied only at that point and on the value of the goods at that time.
sale-of-goodshire-purchasebailmentoption-to-purchasedual-characterpassing-of-property
Read case brief →Supreme Court of India1965
AIR 1965 Supreme Court 1039
State NOT liable for torts committed in exercise of sovereign functions (police custody of seized property); sovereign immunity survives for core governmental acts.
administrative-lawstate-liabilitysovereign-immunitypolicesovereign-functioncriticized
Read case brief →Supreme Court of India1965
AIR 1965 Supreme Court 722
Strict construction of penal statutes. Where the literal meaning of a penal provision does not cover the act in question, the accused gets the benefit of the doubt. A transit passenger carrying gold through India was acquitted because the statute penalised "bringing into India" which requires a voluntary act of importation.
strict-constructionpenal-statutegold-controltransit-passengerbenefit-of-doubt
Read case brief →Supreme Court of India1965
AIR 1965 Supreme Court 1954
Delivery of a document of title to goods, such as a railway receipt, operates as constructive delivery of the goods themselves and creates a valid pledge, entitling the pledgee to recover the full value of the goods from a carrier who loses them.
pledgesection-172constructive-deliverydocuments-of-titlerailway-receipttrade-finance
Read case brief →Supreme Court of India1965
AIR 1965 Supreme Court 1375
The deemed dividend provision (S.2(22)(e)) applies only to shareholders; a non-shareholder receiving a loan from a company is not covered.
taxation-lawdeemed-dividendsection-2-22-eshareholder
Read case brief →Supreme Court of India1965
(1965) 57 ITR 532 (Supreme Court)
Residential status under S.6 is determined for each assessment year independently; previous years' status is irrelevant.
taxation-lawresidential-statussection-6assessment-year
Read case brief →Supreme Court of India1965
AIR 1965 Supreme Court 444
Court must consider the Probation of Offenders Act before imposing imprisonment. Failure to consider is an error of law. The younger the offender and less serious the offence, the stronger the case for probation.
probationsentencingfirst-offenderPOA-1958mandatory-considerationsem-5
Read case brief →Supreme Court of India1965
All India Reporter 1965 Supreme Court 845; (1965) 1 Supreme Court Reports 933
Shankari Prasad was affirmed, so a constitutional amendment is not 'law' within Article 13 and fundamental rights are amenable to amendment. An effect on Article 226 which is merely incidental is not a 'change in' that Chapter, so no ratification is required under the proviso to Article 368(2).
constitutional-lawarticle-368article-13amendmentninth-scheduleratificationincidental-effectbasic-features
Read case brief →Supreme Court of India1965
AIR 1965 Supreme Court 1535
Oppression requires a continuous course of oppressive conduct; isolated acts are insufficient unless of sufficient gravity; test is whether conduct is 'burdensome, harsh, and wrongful'
oppressioncontinuous-conductminority-protectionS241threshold
Read case brief →Supreme Court of India1965
AIR 1965 Supreme Court 1251
Indian law does not follow the exclusionary rule. Evidence obtained through illegal search is admissible if relevant. The mode of procurement does not affect admissibility.
search-seizureadmissibilityexclusionary-ruleillegal-searchevidencesem-5
Read case brief →Supreme Court of India1965
AIR 1965 Supreme Court 40
A company, being a juristic person and citizen under certain provisions, can invoke fundamental rights under Articles 14, 19(1)(f) and 19(1)(g) of the Constitution
separate-legal-entityfundamental-rightsjuristic-personconstitutional-law
Read case brief →Supreme Court of India1965
AIR 1965 Supreme Court 1803
Seasonal workers engaged in an industry that operates only during a defined season each year (such as a sugar factory during the crushing season) can nonetheless be considered workmen with a continuing relationship of employment for the purposes of the Industrial Disputes Act, if the pattern of re-engagement season after season establishes the character of regular, continuing employment rather than a series of wholly independent, unconnected engagements.
seasonal-workerscontinuing-employmentsugar-factoryworkman-status
Read case brief →Queen's Bench Division1964
[1964] 2 Queen's Bench 7
Golden Rule applied to extend "in the vicinity of" to include within a prohibited place, avoiding the absurdity of punishing lesser interference while ignoring greater interference inside.
golden-rulein-the-vicinity-ofprohibited-placeofficial-secretsabsurd-result
Read case brief →Allahabad High Court1964
AIR 1964 Allahabad 148
A registered trade union's rights and immunities under the Trade Unions Act extend to protecting the union's legitimate collective action; state interference with lawful trade union activity, absent statutory sanction, is not permissible.
trade-unionregistered-unioncollective-rightsstate-interference
Read case brief →Supreme Court of India1964
AIR 1964 Supreme Court 993
Rejection of an application under Order IX Rule 7 (to set aside dismissal for plaintiff's default) does not bar a subsequent application under Order IX Rule 13 (to set aside an ex parte decree). The two remedies operate at different stages and address different situations.
CPCex-parte-decreeorder-IXrule-7rule-13setting-asidesufficient-causebona-fide
Read case brief →Supreme Court of India1964
AIR 1964 Supreme Court 187
S.85 protection extends to payment made to holder's agent presenting cheque with apparent authority
paying-bankerS85holders-agentpayment-in-due-courseprotection
Read case brief →Supreme Court of India1964
AIR 1964 Supreme Court 1617
The appropriate government's power to make a reference of an industrial dispute for adjudication involves a subjective satisfaction as to the existence of an industrial dispute, but this satisfaction must be based on relevant material and not be exercised arbitrarily; the government can decline reference where no genuine industrial dispute is shown to exist.
reference-powerappropriate-governmentsubjective-satisfactionindustrial-dispute
Read case brief →Court of Appeal1964
[1964] 2 Queen's Bench 480
Ostensible authority requires four conditions: a representation that the agent had authority, made by a person with actual authority to manage the business, on which the contractor relied, and in a transaction the principal had capacity to enter into.
agencyostensible-authorityapparent-authoritysection-237estoppelmanaging-director
Read case brief →Madhya Pradesh High Court1964
AIR 1964 Madhya Pradesh 250
Once an easement of light is established, the servient owner cannot construct anything that substantially diminishes the light
property-laweasementslightnegative-easementobstruction
Read case brief →Supreme Court of India1964
All India Reporter 1964 Supreme Court 1882; (1964) 8 Supreme Court Reports 50
The words 'other proceedings' in Section 69(3) of the Indian Partnership Act 1932 are of the widest import and include an application to appoint an arbitrator. An unregistered firm cannot make such an application to enforce a right arising from a contract.
partnershipsection-69registrationunregistered-firmarbitrationother-proceedings
Read case brief →Supreme Court of India1964
All India Reporter 1964 Supreme Court 381; (1964) 4 Supreme Court Reports 797
An order under Article 359 bars only reliance on the rights specified in it. A detenu remains free to raise grounds outside those rights, including that the detention is mala fide, that the authority was not empowered, that the detention falls outside the four corners of the statute, or that the statute is invalid for reasons unconnected with the suspended articles.
constitutional-lawarticle-359emergencypreventive-detentionhabeas-corpusdefence-of-india-actsuspension-of-rights
Read case brief →Supreme Court of India1964
AIR 1964 Supreme Court 1486
ESI Act benefits are statutory entitlements that cannot be reduced by private agreements. Once the ESI Act applies to an establishment, the employer's liability to provide benefits under Section 46 is absolute and cannot be contracted out of.
ESI-actstatutory-benefitscannot-contract-outsocial-securityemployer-liability
Read case brief →House of Lords (UK)1964
[1964] Appeal Cases 40
Natural justice applies to all administrative decisions affecting rights; not merely quasi-judicial functions; revived natural justice after decades of restrictive interpretation
administrative-lawnatural-justiceridge-v-baldwinhearingenglish-lawrevival
Read case brief →House of Lords (UK)1964
[1964] Appeal Cases 1129
Exemplary damages should be confined to specific categories: conduct calculated to profit the defendant beyond mere compensation, statutorily authorised awards, or oppressive, arbitrary, or unconstitutional conduct by government servants.
exemplary-damagespunitive-damagesremedies
Read case brief →Supreme Court of India1964
All India Reporter 1965 Supreme Court 745; (1965) 1 Supreme Court Reports 413
A House of the legislature may punish for contempt, but the existence and extent of a claimed privilege is justiciable. A House is not a court of record, so its general warrant does not enjoy the immunity of a warrant of the House of Commons. A person committed for contempt may invoke Article 226, and the House cannot punish a Judge for the discharge of his judicial functions.
constitutional-lawprivilegesarticle-194article-143article-226contempt-of-housekeshav-singhjudicial-power
Read case brief →Supreme Court of India1964
AIR 1964 Supreme Court 1006
A suit by the government for recovery of possession of immovable property is also governed by Article 65 of the Limitation Act (12-year period). The government is not entitled to a longer or special limitation period for possession suits.
limitation-actarticle-65government-suitspossession12-year-periodno-special-treatment
Read case brief →Supreme Court of India1964
AIR 1964 Supreme Court 221
Investigation by police is an executive function and generally the court cannot interfere with it. However, where investigation is mala fide or conducted in violation of statutory provisions, the Magistrate or the High Court can intervene to direct proper investigation.
investigationpolice-powersjudicial-interventionS.193-BNSSmala-fidesem-5
Read case brief →Supreme Court of India1964
AIR 1964 Supreme Court 358
Where a statute prescribes a particular manner or mode for doing an act (such as recording a confession or statement before a specified authority), that act must be done in that manner alone, and no other; a magistrate empowered to record a statement in a particular way cannot delegate that function or record it through an unauthorised alternative procedure.
mode-prescribed-by-statutedelegationexclusive-proceduremagistrate-powers
Read case brief →Supreme Court of India1964
(1964) 51 ITR 353 (Supreme Court)
Whether income from letting out property is 'Income from House Property' or 'Business Income' depends on the intention: if letting is the business, it may still be House Property income.
taxation-lawletting-as-businesshead-of-incomehouse-property
Read case brief →Supreme Court of India1964
AIR 1965 Supreme Court 491
Quo warranto lies against the holder of a public office of substantive character created by statute; the appointment is examined for compliance with statutory requirements.
administrative-lawquo-warrantopublic-officesem-3
Read case brief →Supreme Court of India1964
All India Reporter 1964 Supreme Court 275; (1964) 4 Supreme Court Reports 549; judgment of 23 August 1963
The strict rule requiring delivery of possession to one of the four recognised guardians of a minor's property is not a condition of validity in two situations: a gift by a husband to his wife, and a gift to a minor who has no guardian of the property in existence. In such cases a gift accepted by the mother, or by another near relative or even a stranger having charge of the minor, is valid, provided there is a clear and manifest intention to make the gift and the donor divests himself of ownership and possession. Registration does not cure absence of delivery of possession.
muslim-lawgifthibaminor-doneeguardian-of-propertyconstructive-deliveryregistrationqiyas
Read case brief →Supreme Court of India1964
AIR 1964 Supreme Court 903
Retrenchment under Section 2(oo) of the Industrial Disputes Act does not include termination of service by way of transfer of the undertaking, or termination resulting from non-renewal of a contract of employment on its expiry, or termination due to continued ill-health of the workman, since these are expressly excluded from the definition of retrenchment.
retrenchmentsection-2-ooexclusionstransfer-of-undertaking
Read case brief →Allahabad High Court1964
AIR 1964 Allahabad 547
Two conditions must be satisfied for appointment of a receiver under Order XL: (1) the applicant must establish a prima facie case, and (2) the balance of convenience must favour appointment. Mere assertion of mismanagement without evidence is insufficient.
CPCreceiverorder-XLprima-facie-casebalance-of-conveniencedrastic-remedy
Read case brief →Supreme Court of India1963
AIR 1963 Supreme Court 449
Test for deceptive similarity: overall impression on average consumer with imperfect recollection; marks compared as whole, not dissected
trademarkdeceptive-similarityaverage-consumerimperfect-recollection
Read case brief →Supreme Court of India1963
AIR 1963 Supreme Court 1591
The Minimum Wages Act, 1948 is a welfare legislation aimed at protecting workers from exploitation. The fixation of minimum wages by the government is not an encroachment on the employer's fundamental right to carry on business (Article 19(1)(g)). It is a reasonable restriction in the interest of the general public.
minimum-wagesarticle-19reasonable-restrictionwelfare-legislationemployer-fundamental-rights
Read case brief →Supreme Court of India1963
AIR 1963 Supreme Court 1405
Section 74 of the Indian Contract Act abolishes the English law distinction between penalty and liquidated damages; a party can recover only reasonable compensation not exceeding the amount named in the contract, and must show loss unless it is impossible to prove.
section-74liquidated-damagespenaltyforfeitureearnest-money
Read case brief →Supreme Court of India1963
AIR 1963 Supreme Court 1332
Fair wage is determined by the industry-cum-region formula. Comparable wages in similar industries in the same region set the benchmark for fair wage fixation.
fair-wageindustry-cum-regioncomparable-wageswage-fixation
Read case brief →Madras High Court1963
AIR 1963 Madras 298
An advocate who misappropriates client's funds is guilty of grossest professional misconduct and liable to be struck off the roll.
professional-ethicsmisconductmisappropriationclient-fundsremoval
Read case brief →Supreme Court of India1963
All India Reporter 1963 Supreme Court 1760; (1964) 3 Supreme Court Reports 787
The mutual tax immunities in Articles 285 and 289 are confined to taxes on property and on income as such. They do not extend to indirect taxes such as customs duty and excise duty, where the taxable event is import or manufacture rather than ownership of property.
constitutional-lawarticle-285article-289article-143tax-immunityindirect-taxcustoms-dutyfinancial-relations
Read case brief →Supreme Court of India1963
AIR 1963 Supreme Court 1185
Distinguished ultra vires the COMPANY (void) from ultra vires the DIRECTORS (voidable); acts within objects but beyond directors' authority are merely irregular, not void
ultra-viresdirectors-authorityirregularvoidabledistinction
Read case brief →Supreme Court of India1963
AIR 1963 Supreme Court 746
Section 133 discharges a surety only where the variance in the terms of the principal contract is material and not beneficial to him. An alteration which reduces the surety's liability, or is otherwise immaterial, does not discharge him.
guaranteesuretysection-133variancedischargematerial-alteration
Read case brief →Court of Appeal (England)1963
[1963] 1 Queen's Bench 794
Negligence under S.131 measured by objective standard: what a reasonable careful banker would do in ordinary course of business
collecting-bankerS131negligence-testobjective-standardreasonable-banker
Read case brief →Supreme Court of India1963
AIR 1963 Supreme Court 553
A registered sale deed carries a strong presumption of validity as to title; the burden of proving it to be a sham or nominal lies on the party challenging it
title-deedsregistered-documentspresumption-of-validitytransfer-of-property
Read case brief →Supreme Court of India1963
AIR 1963 Supreme Court 151
The adequacy of compensation in land acquisition is not justiciable; courts can only examine whether compensation has been provided, not whether it is adequate
land-acquisitionpublic-purposecompensationadequacyArticle-31non-justiciability
Read case brief →Supreme Court of India1963
All India Reporter 1963 Supreme Court 1241; (1964) 1 Supreme Court Reports 371
The Indian Constitution is not federal in the classical sense. It is not the result of a compact between sovereign units, and the States have no independent sovereign existence. Parliament is competent to legislate for the acquisition of property belonging to a State, and a suit under Article 131 requires a dispute involving a legal right.
constitutional-lawarticle-131federalismquasi-federalunitary-biasacquisition-of-state-propertyoriginal-jurisdiction
Read case brief →Supreme Court of India1963
AIR 1963 Supreme Court 1698
Certified standing orders have statutory force and bind the employer equally; employer's action contrary to standing orders is void
standing-ordersbinding-effectvoid-dismissalemployer-bound
Read case brief →Jammu & Kashmir High Court1962
AIR 1962 J&K 59
Section 15 of the Limitation Act (exclusion of time during injunction/stay) requires that the restraint was imposed on the plaintiff by or on behalf of the defendant. An injunction obtained by the plaintiff against someone else does not trigger the exclusion.
limitation-actsection-15injunctionstayexclusion-of-timerestraint-on-plaintiff
Read case brief →Supreme Court of India1962
AIR 1962 Supreme Court 171
Art.19(1)(c) guarantees right to form unions but does not include right to collective bargaining or strike; those are statutory, not constitutional
Art-19-1-ctrade-unioncollective-bargainingfundamental-rightstatutory-right
Read case brief →Supreme Court of India1962
All India Reporter 1962 Supreme Court 1406; (1963) 1 Supreme Court Reports 491
Regulatory measures, and compensatory taxes levied for the use of trading facilities, do not fall within the purview of Article 301 at all and need no justification under Article 302 or Article 304. Such levies do not hamper trade but facilitate it.
constitutional-lawarticle-301compensatory-taxregulatory-measureinterstate-trademotor-vehicles-taxpart-xiii
Read case brief →Supreme Court of India1962
AIR 1962 Supreme Court 1363
An Industrial Tribunal, in adjudicating a reference, must confine itself to the specific matters within the terms of reference made by the appropriate government under Section 10 of the Industrial Disputes Act; a tribunal that travels beyond the scope of the reference and decides matters not referred to it exceeds its jurisdiction.
tribunal-jurisdictionterms-of-referencesection-10jurisdictional-limit
Read case brief →Supreme Court of India1962
All India Reporter 1962 Supreme Court 113; (1962) 2 Supreme Court Reports 880
The constitutional form prescribed for government contracts is mandatory and not directory. A contract that does not comply is void and unenforceable against the Government, and because the requirement exists for the protection of the public it cannot be waived, nor can the contract be ratified by conduct.
constitutional-lawarticle-299government-contractsmandatory-formratificationestoppelvoid-contract
Read case brief →International Court of Justice1962
ICJ Advisory Opinion [1962] ICJ Rep 151
The General Assembly has competence to authorise peacekeeping operations; their costs are expenses of the Organisation binding on all member states under Article 17(2) of the United Nations Charter.
PILunited-nationspeacekeepinggeneral-assemblyarticle-17
Read case brief →Chancery Division1962
[1962] 1 Weekly Law Reports 832
The corporate veil will be lifted to grant specific performance where a person transfers property to a company he controls in order to defeat the purchaser's equitable interest
lifting-the-veilspecific-performancealter-egosham-device
Read case brief →Supreme Court of India1962
AIR 1962 Supreme Court 847
S.43 (feeding the grant) operates automatically; interest passes to original transferee the moment transferor acquires title; S.43 does not conflict with S.6(a)
property-lawfeeding-the-grantestoppelsection-43section-6a
Read case brief →Allahabad High Court1962
AIR 1962 All 477
When property is the dominant consideration and money merely supplementary to equalize values, the transaction is an exchange, not a sale
property-lawTPAsection-118exchangedominant-consideration
Read case brief →Supreme Court of India1962
AIR 1962 Supreme Court 527
Section 151 CPC affirms the inherent power of civil courts to do justice, but this power cannot be exercised to nullify or override express provisions of the CPC. Inherent power supplements the Code; it does not supplant it.
CPCsection-151inherent-powersexhaustive-codesupplementary-power
Read case brief →Queen's Bench Division (England)1962
[1962] 3 All England Law Reports 1103
A partner's implied authority is measured by what is usual in a business of that kind as it appears to outsiders. A restriction contained in the partnership agreement but unknown to the third party does not limit the firm's liability.
partnershipsection-19implied-authorityapparent-authoritysleeping-partnerthird-parties
Read case brief →Supreme Court of India1962
All India Reporter 1962 Supreme Court 694; (1962) Supplementary (1) Supreme Court Reports 753
Once a Bill has been passed by the House and submitted for assent, the legislative process so far as the House is concerned is complete, and the Bill does not lapse on a subsequent dissolution of the Assembly. The Constitution prescribes no time limit within which assent must be given under Article 200 or Article 201.
constitutional-lawarticle-200article-201assentdissolutionstate-legislaturelapse-of-bills
Read case brief →Supreme Court of India (five Judge Constitution Bench)1962
All India Reporter 1962 Supreme Court 853; (1962) Supplementary (2) Supreme Court Reports 496; judgment of 9 January 1962
On the faith and tenets of the Dawoodi Bohras, the exercise of the power of excommunication by the religious head on religious grounds forms part of the management of the community's affairs in matters of religion, so a statute invalidating even such excommunication infringes Art.26(b). Arts.25 and 26 protect not merely doctrines and beliefs but acts done in pursuance of religion, and what is an essential part of a religion is judged in the light of its doctrine and of what the community itself regards as part of its religion. The Art.26(b) right is not subject to the preservation of civil rights.
muslim-lawarticle-25article-26excommunicationdawoodi-bohrareligious-denominationessential-religious-practiceconstitution-bench
Read case brief →Supreme Court of India1962
AIR 1962 Supreme Court 933
State is vicariously liable for torts of its servants committed in non-sovereign functions; no justification for government immunity in a welfare state.
administrative-lawstate-liabilityvicarious-liabilitytortious-liabilitywelfare-state
Read case brief →Supreme Court of India1962
AIR 1962 Supreme Court 779
Section 70 of the Indian Contract Act applies even against the government; where a person lawfully performs work for another (including the State) who enjoys the benefit, the beneficiary must compensate regardless of the absence of a valid contract.
quasi-contractSection-70government-liabilitynon-gratuitous-actunjust-enrichmentIndian-law
Read case brief →Supreme Court of India1962
AIR 1962 Supreme Court 12
Most authoritative judicial statement of the three-tier wage framework (minimum, fair, living). Individual employer hardship is irrelevant to minimum wage fixation.
minimum-wagefair-wageliving-wagethree-tierarticle-43
Read case brief →Supreme Court of India1961
AIR 1962 Supreme Court 29
The definition of 'factory' under Section 2(m) of the Factories Act, 1948 turns on whether a 'manufacturing process' is carried on with the aid of power, and the concept of 'manufacturing process' is broadly construed to include activities that transform or treat raw material into a different or usable form, such as the conversion of seawater into salt through natural processes assisted by mechanical means, bringing such premises within the scope of the Act.
definition-of-factorymanufacturing-processsection-2-mfactories-act
Read case brief →Supreme Court of India1961
All India Reporter 1961 Supreme Court 232; (1961) 1 Supreme Court Reports 809
The freedom under Article 301 is a freedom from restrictions on the movement or transport of goods. A law which imposes a tax that directly and immediately restricts or impedes the free flow of trade falls within Article 301 and must be justified under Article 302 or Article 304. Laws affecting trade only indirectly are outside it.
constitutional-lawarticle-301article-304interstate-tradedirect-and-immediate-restrictionpresidential-sanctionpart-xiii
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 884
Preventive detention and orders under S.144 CrPC (now S.163 BNSS) are valid even without prior hearing; the nature of preventive action requires swiftness. However, such orders must be reasonable, temporary, proportionate, and subject to judicial review.
preventive-powersS.163-BNSSpublic-ordernatural-justiceArt-19
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 849
Where laying before legislature is mandatory condition for validity of delegated legislation, rules not laid are void ab initio
administrative-lawdelegated-legislationlayingmandatory-procedurelegislative-control
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 954
Headings or titles prefixed to sections or groups of sections in a statute can be used as aids to construction. They indicate the general drift of the provisions grouped under them, though they cannot control the plain words of a section.
headingsinternal-aidssection-titlesgeneral-driftconstruction
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 1124
Compensation received on compulsory acquisition of agricultural land is not 'income' under the Income Tax Act.
taxation-lawcapital-receiptcompulsory-acquisitionagricultural-land
Read case brief →Supreme Court of India1961
All India Reporter 1961 Supreme Court 680; [1961] 2 Supreme Court Reports 821
A minor cannot be admitted as a full partner. Section 30 permits only admission to the benefits of partnership, and a deed which makes a minor a full partner with rights of management is invalid to that extent and cannot be read down.
partnershipsection-30minorcapacitybenefits-of-partnershipregistration
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 1457
The principle of res judicata applies to writ proceedings. A writ petition dismissed on merits by the High Court under Article 226 bars a subsequent petition before the Supreme Court under Article 32 on the same grounds.
CPCres-judicatasection-11writ-petitionarticle-32article-226constitutional-remedyfinality
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 1402
Custom has the force of law in personal law matters but yields to an express statutory provision
custompersonal-lawstatutory-supremacyhistorical-school
Read case brief →Queen's Bench Division1961
[1961] 1 Queen's Bench 394
Literal Rule applied strictly. Display of goods in a shop window is an invitation to treat, not an "offer for sale." Shopkeeper acquitted of offering a flick-knife for sale.
literal-ruleoffer-for-saleinvitation-to-treatflick-knifestrict-construction
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 1066
Forfeiture for denial of title is not automatic; lessor must elect to terminate; lease subsists until lessor acts
property-lawleaseforfeituredenial-of-titlesection-111g
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 1067
Forfeiture of lease requires both breach by lessee AND positive election by lessor to terminate; it does not operate automatically on breach
property-lawTPAsection-111leaseforfeitureelectionlandmark
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 1077
Appointment of a receiver is a drastic remedy and must be exercised sparingly. A receiver should not be appointed merely because the property is disputed; there must be danger of loss or dissipation requiring protective intervention.
CPCreceiverorder-XLdrastic-remedysparingly-exerciseddisputed-property
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 552
A tax so excessive that it amounts to confiscation of property is unconstitutional; taxing power is subject to fundamental rights.
taxationconstitutional-lawconfiscatory-taxationfundamental-rightsarticle-265
Read case brief →Privy Council1961
[1961] Appeal Cases 12
A person who is the controlling shareholder and governing director of a company can also be an employee of that company
separate-legal-entityone-man-companyemployee-directordual-capacity
Read case brief →Privy Council1961
[1961] Appeal Cases 388
The test for remoteness of damage in negligence is reasonable foreseeability, not directness; Re Polemis overruled.
tort-lawnegligenceremoteness-of-damageforeseeabilityre-polemis
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 218
Exemptions from attachment under Section 60 CPC must be construed strictly. A claimed exemption must fall squarely within the statutory category. Courts cannot extend exemptions by analogy.
CPCexecutionattachmentsection-60exemptionsstrict-construction
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 1589
Jurisdiction of a court depends on the nature and gravity of the offence. The power of a Magistrate to try an offence is limited by the sentence he can impose. If the offence warrants punishment beyond his powers, the case must be committed to the Court of Session.
jurisdictionmagistrate-powerssentence-limitationcommitmentS.21-BNSSsem-5
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 1206
Interest created for unborn person must be the whole remaining interest; a life estate to unborn violates S.13 TPA
property-lawTPAsection-13unborn-personwhole-interest
Read case brief →Supreme Court of India1961
AIR 1961 Supreme Court 293
The nature of sanction must match the branch of law: civil breach attracts civil sanctions; criminal sanctions require criminal process
sanctionscivil-criminalcontemptimprisonmentclassification
Read case brief →Supreme Court of India1961
AIR 1961 SC 493
The minister's claim of State privilege under S.123 IEA (now S.130 BSA) is not conclusive; the court has power to inspect documents to determine whether the privilege claim is justified.
evidence-lawprivilegestate-privilegeunpublished-official-recordssection-123
Read case brief →Supreme Court of India1960
AIR 1960 Supreme Court 51
Parliament's power under Article 3 to form new states or alter boundaries does not require a special majority under Art.368; such laws are passed by simple majority and are not 'amendments' to the Constitution.
article-3article-4article-368reorganisation-of-statessimple-majority
Read case brief →Madras High Court1960
AIR 1960 Madras 540
Hundis are negotiable instruments by usage of trade under S.13(2); they need not conform exactly to S.5 formalities
hundideemed-negotiableS13-2usage-of-tradenegotiable-instruments
Read case brief →Supreme Court of India1960
(1960) 40 ITR 1 (Supreme Court)
Profit on sale of silver by a money-lender is taxable as business income if silver constitutes stock-in-trade.
taxation-lawstock-in-tradebusiness-incomesale-profit
Read case brief →Queen's Bench Division (England)1960
[1960] 1 Queen's Bench 159; [1959] 3 All England Law Reports 307
Where a buyer in possession of goods or documents of title with the seller's consent transfers the document to a person who takes it in good faith and for value, that transferee obtains a good title. The unpaid seller's lien and right of stoppage in transit are defeated as against him.
sale-of-goodssection-30section-53unpaid-sellerstoppage-in-transitdocuments-of-titlenemo-datdelivery-order
Read case brief →Supreme Court of India1960
All India Reporter 1960 Supreme Court 93; (1960) 1 Supreme Court Reports 597; judgment of 27 August 1959
Under Muhammadan law the mother of an illegitimate female infant is entitled to its custody, so refusal to restore the child to her amounts to illegal detention. A dispute as to the child's paternity is irrelevant to the application. The existence of an alternative remedy under the Guardians and Wards Act is no justification for refusing relief of the nature of habeas corpus, and the Supreme Court will interfere where the High Court's discretion was not judicially exercised.
muslim-lawcustodyhizanatillegitimate-childmotherhabeas-corpusguardians-and-wards-actwelfare-of-minor
Read case brief →Supreme Court of India1960
AIR 1960 Supreme Court 554
Delegated legislation must fall within four corners of enabling provision; rules exceeding statutory scope are ultra vires and void
administrative-lawdelegated-legislationultra-viressubstantive-ultra-vires
Read case brief →Supreme Court of India (Presidential Reference under Article 143)1960
AIR 1960 Supreme Court 845
The Preamble is not a part of the Constitution and is not enforceable in a court of law, though it can be used as an aid to interpretation when the language of a provision is ambiguous; cession of Indian territory to a foreign state requires a constitutional amendment under Article 368, not merely ordinary legislation.
preamblearticle-143cession-of-territoryarticle-368presidential-reference
Read case brief →Allahabad High Court1960
All India Reporter 1960 Allahabad 684; 1960 Allahabad Law Journal 523; judgment of 29 August 1959
Muslim law tolerates but does not encourage polygamy, and confers no absolute right on a husband to compel the first wife to share his consortium in all circumstances. A suit for restitution of conjugal rights is enforcement of a right under a civil contract, and the court sits as a mixed court of equity, so relief may be refused where the plaintiff's conduct is unworthy or the suit mala fide. Under modern social conditions the very act of taking a second wife raises a presumption of cruelty to the first, and the onus shifts to the husband to prove that his second marriage involved no insult or cruelty to her.
muslim-lawpolygamycrueltyrestitution-of-conjugal-rightspresumption-of-crueltymixed-court-of-equitysecond-marriage
Read case brief →Supreme Court of India1960
AIR 1960 Supreme Court 893
A 'lockout' under Section 2(l) of the Industrial Disputes Act is the employer's counterpart to a strike by workmen, namely the closing of a place of employment, suspension of work, or refusal to continue employing workers, undertaken to compel the workers to accept the employer's terms; a lockout that is not a genuine response to an industrial dispute, or is punitive/retaliatory rather than a bona fide part of collective bargaining pressure, may be treated as illegal.
lockoutsection-2-lemployer-counterpart-to-strikebona-fide
Read case brief →Supreme Court of India1960
AIR 1960 Supreme Court 866
Three categories where High Court should quash criminal proceedings: no legal evidence, evidence manifestly inadequate, allegations do not constitute offence in law.
quashinginherent-powersearly-authorityS.528-BNSSsem-5
Read case brief →Supreme Court of India1960
AIR 1960 SC 941
Constructive res judicata: every matter which might and ought to have been made a ground of defence or attack in the former suit shall be deemed to have been so made; a party cannot split his case or reserve grounds for subsequent proceedings.
evidence-lawres-judicataconstructive-res-judicatasection-11-cpc
Read case brief →Supreme Court of India1960
AIR 1960 Supreme Court 941
Res judicata applies not only between separate suits but also between different stages of the same proceeding. An interlocutory order on a point, if not challenged, becomes final and cannot be reopened at a later stage.
CPCres-judicatasection-11interlocutory-orderfinalitypreliminary-decreestages-of-suit
Read case brief →Punjab High Court1960
AIR 1960 Punjab 266
A charge under S.100 requires specific property to be made liable for payment; a vague direction to pay from 'property' is not a charge
property-lawTPAsection-100chargespecific-property
Read case brief →Queen's Bench Division1960
[1960] 1 Weekly Law Reports 830
Mischief Rule applied. Prostitutes soliciting from balconies and windows held to be soliciting "in a street" because the mischief was harassment of passersby, regardless of physical location.
mischief-rulesolicitingstreetpurposiveharassment
Read case brief →Supreme Court of India1960
AIR 1960 Supreme Court 610
A government hospital where employer-employee relations exist constitutes an 'industry' regardless of charitable or governmental nature
industry-definitionhospitalgovernment-bodycharitable-purpose
Read case brief →Supreme Court of India1959
AIR 1959 Supreme Court 967
Bonus is a deferred wage and a share in the prosperity of the enterprise. The Full Bench Formula provides the framework for computing available surplus from which bonus is payable.
bonusfull-bench-formuladeferred-wageprosperity-sharingavailable-surplus
Read case brief →Supreme Court of India1959
AIR 1959 Supreme Court 1262
Test for lease vs licence is exclusive possession; document label is irrelevant
property-lawleaselicenceexclusive-possessionsection-105
Read case brief →Supreme Court of India1959
AIR 1959 Supreme Court 960
Headings or chapter titles given to groups of sections indicate the general drift of the provisions grouped under them. They may be relied upon to determine the sense of the section where the language is ambiguous, but they cannot control the plain meaning of express words.
headingschapter-titlesinternal-aidsgeneral-driftambiguity
Read case brief →Supreme Court of India1959
(1959) 37 Income Tax Reports 1 (SC)
A single transaction of purchase and sale of land can constitute an 'adventure in the nature of trade' taxable as business income, depending on intention at time of purchase.
taxationPGBPadventure-in-nature-of-tradesingle-transactioncapital-gains-vs-business
Read case brief →Supreme Court of India1959
AIR 1959 Supreme Court 781
A wagering agreement under Section 30 ICA is void but not illegal; collateral transactions to a wager are therefore enforceable. A partnership formed for the purpose of wagering is valid because the object of the partnership (wagering) is not 'forbidden by law' under Section 23.
wageringvoid-not-illegalSection-30Section-23collateral-transactionspartnershipIndian-law
Read case brief →Supreme Court of India1959
All India Reporter 1959 Supreme Court 395; (1959) Supplementary (1) Supreme Court Reports 806
The privileges conferred by Article 194(3), and correspondingly by Article 105(3), are themselves provisions of the Constitution and prevail over the fundamental right in Article 19(1)(a). They do not, however, prevail over Article 21.
constitutional-lawprivilegesarticle-194article-105article-19freedom-of-speechcontempt-of-housesearchlight-case
Read case brief →Supreme Court of India1959
AIR 1959 Supreme Court 1111
Tribunal retains jurisdiction to examine proportionality of punishment even when domestic inquiry is valid and misconduct proven; can reduce disproportionate punishment
proportionalitypunishmenttribunal-powermisconductdismissal
Read case brief →House of Lords1959
[1959] Appeal Cases 324
Conduct that is burdensome, harsh, and wrongful to minority shareholders, using majority power to benefit the majority at minority's expense, constitutes oppression
oppressionminority-protectiondiversion-of-businesssubsidiarybuyout
Read case brief →Supreme Court of India1959
AIR 1959 SC 1012
A document used to refresh memory under S.159 IEA (now S.152 BSA) is not substantive evidence; the oral testimony of the witness is the evidence, and the document is merely an aid to memory.
evidence-lawrefreshing-memorysection-159substantive-evidencewitness-testimony
Read case brief →Supreme Court of India1958
(1958) 34 Income Tax Reports 10 (SC)
Interest on securities held as stock-in-trade is taxable under 'Profits and Gains of Business' and not under 'Income from Other Sources'.
taxation-lawhead-of-incomeinterest-on-securitiesbusiness-income
Read case brief →Supreme Court of India1958
AIR 1958 SC 838
A tenant who has been let into possession by a landlord is estopped under S.116 IEA (now S.116 BSA) from denying the landlord's title at the commencement of the tenancy during the continuance of the tenancy.
evidence-lawestoppeltenant-estoppelsection-116
Read case brief →Court of Appeal (England)1958
[1958] Chancery 574
The noscitur a sociis rule (a word is known by the company it keeps) requires that ambiguous words be read in the context of surrounding words. Words in a list take colour from each other, and each should be interpreted consistently with the overall context of the associated terms.
noscitur-a-sociisassociated-wordscontextlist-interpretationsurrounding-words
Read case brief →Supreme Court of India1958
1958 Supreme Court Reports 651 / AIR 1958 Supreme Court 30
An industry that cannot pay minimum wages has no right to exist. Employer's inability to pay is no defence against the minimum wage obligation.
minimum-wagesinability-to-payright-to-existfair-wage
Read case brief →Supreme Court of India1958
AIR 1958 Supreme Court 578
Fair wage must consider the industry's capacity to pay. A wage fixation that forces an employer to close is an unreasonable restriction on Article 19(1)(g), but minimum wage remains inviolable.
fair-wagecapacity-to-payworking-journalistswage-boardarticle-19
Read case brief →Supreme Court of India1958
All India Reporter 1958 Supreme Court 956; (1959) Supreme Court Reports 995
Article 143(1) uses the word 'may', so the Supreme Court has a discretion and is not obliged to answer a reference. It will decline where the questions are vague, political or socio-economic, or where an answer would serve no useful purpose. On the merits, several provisions of the Bill were held inconsistent with the rights of minorities under Article 30.
constitutional-lawarticle-143advisory-jurisdictionarticle-30minority-institutionspresidential-referencediscretion
Read case brief →Supreme Court of India1958
All India Reporter 1958 Supreme Court 36; (1958) Supreme Court Reports 828
Article 311(2) applies only where the action amounts to punishment. The two indicia of punishment are whether the servant had a right to hold the post, and whether the order visits him with evil consequences or casts a stigma. Misconduct which is merely the motive for an order is distinguished from misconduct which is its foundation.
constitutional-lawarticle-311article-310reduction-in-ranktermination-simpliciterstigmamotive-and-foundationprobationer
Read case brief →Supreme Court of India1958
AIR 1958 Supreme Court 886
Courts have discretionary power under Order I Rule 10 CPC to add a party to a suit where that party's presence is necessary to effectually and completely adjudicate upon the questions involved, particularly in matters affecting status (such as a declaration of marriage), even though the applicant may not be a party in the strict sense to the original cause of action.
order-1-rule-10necessary-partyproper-partyaddition-of-partiesdeclaration-of-status
Read case brief →Supreme Court of India1958
AIR 1958 Supreme Court 881
Snake bite at workplace arises out of employment where the work environment exposes workers to such risks. Employment need not be the direct cause; increased exposure through employment is sufficient.
compensationsnake-bitearising-out-of-employmentincreased-risksalt-pans
Read case brief →Supreme Court of India1958
AIR 1958 Supreme Court 770
A clause making property absolutely mortgagee's upon default is a clog on redemption and void; once a mortgage, always a mortgage
property-lawmortgageclog-on-redemptionsection-60once-a-mortgage
Read case brief →Supreme Court of India1958
AIR 1958 Supreme Court 532
Standing timber is movable property; fruit-bearing trees rooted in earth are immovable property under S.3 TPA
property-lawTPAimmovable-propertystanding-timber
Read case brief →Supreme Court of India1958
AIR 1958 Supreme Court 255
Harmonious construction of constitutional provisions requires the specific provision to qualify the general; both continue to operate in their respective spheres
harmonious-constructionconstitutional-interpretationarticle-25article-26article-17temple-entryspecific-vs-general
Read case brief →Supreme Court of India1958
AIR 1958 Supreme Court 353
An individual worker's dismissal becomes an industrial dispute only when espoused (taken up) by co-workers or trade union
espousalindividual-disputeindustrial-disputecollective-element
Read case brief →House of Lords1957
[1957] Appeal Cases 436
The long title of an Act is part of the Act and may be used as an aid to interpretation. However, where the enacting words are clear and unambiguous, neither the long title nor the preamble can restrict or qualify them.
long-titleinternal-aidspreambleclear-wordslegislative-intent
Read case brief →Queen's Bench Division (England)1957
[1957] 1 Weekly Law Reports 582
A professional is not negligent if their conduct accords with a practice accepted as proper by a responsible, competent body of professional opinion, even if other equally competent professionals might have adopted a different approach.
negligenceprofessional-standardmedical-negligencebolam-test
Read case brief →Supreme Court of India1957
AIR 1957 Supreme Court 104
A dispute concerning the termination or dismissal of a single individual employee, not sponsored or supported by a union or a substantial number of workmen, generally does not qualify as an 'industrial dispute' under Section 2(k) of the Industrial Disputes Act, unless it acquires a collective character through union or workmen support.
industrial-disputeindividual-disputesection-2kcollective-character
Read case brief →Supreme Court of India1957
AIR 1957 Supreme Court 768
Agriculture requires basic operations (tilling, sowing, planting) on land; spontaneous growth without human effort is not agriculture.
taxationagricultural-incomebasic-operationsdefinition-of-agriculture
Read case brief →Supreme Court of India1957
AIR 1957 Supreme Court 264
The employer-employee relationship is determined by the right to control not only what work is done but how it is done
control-testemployer-employeeworkman-definitioncontract-labour
Read case brief →Supreme Court of India1957
AIR 1957 Supreme Court 540
The right of appeal is a substantive right, not merely a procedural one. It vests in a litigant on the date the suit is instituted. A subsequent amendment taking away the right cannot operate retrospectively unless expressly provided.
right-of-appealvested-rightsubstantive-rightretrospectiveno-retrospective-deprivation
Read case brief →Supreme Court of India1957
AIR 1957 Supreme Court 121
The closure of an undertaking by an employer is distinct from 'retrenchment' under Section 2(oo) of the Industrial Disputes Act; termination of services consequent upon a bona fide closure of business does not amount to retrenchment, and workmen so terminated are not entitled to retrenchment compensation under Section 25F merely by virtue of that provision, though this position was later altered by statutory amendment.
retrenchmentsection-2-ooclosure-of-businessstatutory-amendment
Read case brief →Patna High Court1957
AIR 1957 Patna 491
A person is of unsound mind for contractual purposes if, at the time of contracting, they are incapable of understanding the contract and forming a rational judgment of its effect on their interests.
unsound-mindcapacity-to-contractmental-capacity
Read case brief →Supreme Court of India1957
AIR 1957 Supreme Court 425
The test for bias disqualifying a tribunal member is not whether actual bias is proved, but whether there is a reasonable apprehension or likelihood of bias in the mind of a reasonable person; even the absence of proof of actual prejudice does not cure a genuine reasonable apprehension of bias.
rule-against-biasreasonable-apprehensionnemo-judexdisqualification
Read case brief →Court of Criminal Appeal (UK)1957
[1957] 2 Queen's Bench 396
'Maliciously' requires actual foresight of the risk (subjective recklessness); mere negligence or inadvertence is insufficient
mens-rearecklessnessmalicesubjective-testcriminal-intent
Read case brief →Supreme Court of India1957
AIR 1957 Supreme Court 255
Where enjoyment is postponed to a date certain to arrive (e.g., attaining age), the interest is vested, not contingent
property-lawTPAsection-19vested-interestcertain-eventlandmark
Read case brief →Supreme Court of India1957
AIR 1957 Supreme Court 444
The power of a court to summon and compel the attendance of a witness must be exercised judiciously; a witness cannot be repeatedly harassed by successive summons issued without due regard to genuine difficulty or hardship, and courts must balance the need to secure evidence against the legitimate interests and convenience of witnesses.
summoning-of-witnessesjudicious-exercisewitness-convenience
Read case brief →Supreme Court of India1957
AIR 1957 SC 637
While S.133 IEA (now S.156 BSA) makes conviction on uncorroborated accomplice testimony technically legal, it is a rule of prudence (almost approaching law) that courts should not convict without corroboration in material particulars implicating the accused.
evidence-lawaccomplicecorroborationsection-133rule-of-prudence
Read case brief →Supreme Court of India1957
All India Reporter 1957 Supreme Court 699; (1957) Supreme Court Reports 874
A State law is not invalid for affecting persons or property outside the State if there is a sufficient territorial nexus between the State and the subject matter. Two conditions must be satisfied: the connection must be real and not illusory, and the liability sought to be imposed must be pertinent to that connection.
constitutional-lawterritorial-nexusarticle-245extra-territorial-operationprize-competitionlegislative-competenceseverability
Read case brief →Supreme Court of India1957
All India Reporter 1957 Supreme Court 912; (1958) Supreme Court Reports 533
The requirement of consultation with the Public Service Commission in Article 320(3) is directory and not mandatory. It confers no right on a public servant, and failure to consult the Commission does not by itself invalidate disciplinary action taken against him.
constitutional-lawarticle-320public-service-commissiondirectoryconsultationdisciplinary-proceedingsservices
Read case brief →Supreme Court of India1956
AIR 1956 Supreme Court 17
Right to catch and carry away fish from a lake is a profit-a-prendre and constitutes an interest in immovable property
property-lawTPAimmovable-propertyfisheryprofit-a-prendre
Read case brief →Patna High Court1956
AIR 1956 Patna 463
Permissive user can never ripen into prescriptive easement regardless of duration; prescription requires use 'as of right' (nec precario)
property-laweasementssection-15prescriptionpermissionlandmark
Read case brief →Permanent Court of Arbitration1956
23 Indian Law Reports 81 (1956)
Localised treaty obligations attached to specific territory pass automatically to the successor state, regardless of the clean slate principle applicable to other treaties.
PILstate-successionlocalised-obligationsclean-slateVCST
Read case brief →Madras High Court1956
AIR 1956 Madras 248
If price is grossly below market value and possession remains with seller, the transaction is a mortgage disguised as a sale, not a genuine sale
property-lawTPAsection-58conditional-saledisguised-mortgage
Read case brief →Supreme Court of India1956
AIR 1956 Supreme Court 614
A bona fide purchaser for value without notice of fraudulent intent is protected under the S.53 proviso
property-lawTPAsection-53bona-fide-purchaserprotection
Read case brief →Supreme Court of India1956
AIR 1956 SC 404
Under S.106 IEA (now S.106 BSA), when a fact is especially within the knowledge of the accused (such as source of disproportionate assets), the burden of proving it lies on that person.
evidence-lawburden-of-proofsection-106special-knowledgedisproportionate-assets
Read case brief →Supreme Court of India1955
AIR 1955 Supreme Court 661
The Supreme Court of India can overrule its own previous decisions; stare decisis is not an inflexible rule in India
stare-decisisoverrulingprecedentsupreme-court
Read case brief →Supreme Court of India1955
AIR 1955 Supreme Court 781
A pre-Constitution law that is inconsistent with fundamental rights becomes void only 'to the extent of the inconsistency' under Article 13(1); it is not wiped out permanently, and if the fundamental right is later amended to remove the inconsistency, the law revives without re-enactment. This is the 'doctrine of eclipse.'
article-13doctrine-of-eclipsepre-constitution-lawrevival-of-law
Read case brief →Supreme Court of India1955
AIR 1955 Supreme Court 33
Minimum Wages Act is constitutionally valid. Securing living wages is a reasonable restriction on freedom of trade under Article 19(6).
minimum-wagesarticle-19constitutional-validityreasonable-restriction
Read case brief →Supreme Court of India1955
AIR 1955 SC 36
The common law rule that a wife's domicile automatically follows the husband's does not apply with the same rigidity in India; a married woman may acquire a domicile of her own, particularly where the spouses live apart.
domicilemarried-womanindependent-domiciledependent-domicileconflict-of-laws
Read case brief →Bombay High Court1955
AIR 1955 Bombay 4
Interest for unborn person is valid only when created through the same instrument that creates the prior interest
property-lawTPAsection-13unborn-personsame-transfer
Read case brief →Court of Appeal (England)1955
[1955] 2 Queen's Bench 327
For instantaneous communication such as telex, the contract is complete where and when the acceptance is received by the offeror.
instantaneous-communicationtelexacceptancereceipt-rule
Read case brief →Allahabad High Court1955
AIR 1955 Allahabad 571
Under S.13, unborn person must receive the whole remaining interest; life estate to unborn is void
property-lawtransfer-to-unbornsection-13whole-interest-rule
Read case brief →Supreme Court of India1955
AIR 1955 Supreme Court 196
Defective investigation does not automatically vitiate trial. Investigation and trial are distinct stages; irregularity in investigation does not per se invalidate proceedings unless material prejudice is shown.
investigationdefecttrialprejudiceirregularitysem-5
Read case brief →Supreme Court of India1955
AIR 1955 Supreme Court 233
Certiorari corrects jurisdictional errors and errors of law on the face of the record; it does not correct errors of fact made within jurisdiction.
administrative-lawcertiorarierror-of-lawsem-3
Read case brief →Supreme Court of India1955
AIR 1955 Supreme Court 376
Assignment of actionable claim is valid between parties upon execution; notice to debtor is for enforcement and priority, not validity
property-lawactionable-claimassignmentnoticesection-130
Read case brief →Italian-United States Conciliation Commission1955
(1955) 14 RIAA 236
Where a person holds dual nationality, the state of dominant and effective nationality prevails for diplomatic protection purposes; the other state of nationality cannot be the respondent.
PILdual-nationalitydiplomatic-protectioneffective-nationalitygenuine-link
Read case brief →International Court of Justice1955
ICJ Reports 1955, p 4
For diplomatic protection, there must be a genuine and effective link between the national and the protecting state; nationality of convenience acquired without real connection cannot be opposed to third states.
PILnationalitygenuine-linkdiplomatic-protectionnationality-of-convenience
Read case brief →Supreme Court of India1955
AIR 1955 Supreme Court 549
Indian Constitution does not embody rigid separation of powers; executive power is co-extensive with legislative power and includes residuary authority
administrative-lawseparation-of-powersexecutive-powerwelfare-state
Read case brief →Supreme Court of India1955
AIR 1955 Supreme Court 425
Procedural law is the handmaid of justice, not its mistress. Technical breaches of procedure should not defeat substantive rights unless they cause real prejudice.
CPCprocedural-lawhandmaid-of-justiceex-partenatural-justiceprocedure-not-rigid
Read case brief →Supreme Court of India1954
(1954) 25 ITR 529 (Supreme Court)
Interest on deposits made as a condition of obtaining a contract is assessable under 'Income from Other Sources' and not as business income.
taxation-lawinterestdepositshead-of-income
Read case brief →Supreme Court of India1954
AIR 1954 Supreme Court 282
A tax is a compulsory exaction for public purposes without quid pro quo; a fee requires correlationship between levy and services rendered.
taxationtax-vs-feequid-pro-quoconstitutional-law
Read case brief →Supreme Court of India1954
AIR 1954 Supreme Court 564
Adequate notice and a reasonable opportunity of being heard must be given before an adverse order is passed; the principles of natural justice apply to quasi-judicial proceedings affecting corporate entities.
natural-justicenoticeopportunityquasi-judicialprocedural-fairness
Read case brief →Patna High Court1954
Office in a private religious body is not a public office; quo warranto does not lie.
administrative-lawquo-warrantosem-3
Read case brief →Court of Appeal1954
[1954] 1 Queen's Bench 45
A contract signed by a promoter solely as 'agent' of a non-existent company is a nullity; no principal exists, so no agency exists, and no one is bound
pre-incorporation-contractnullityagentpromoterno-principal
Read case brief →Supreme Court of India1954
AIR 1954 Supreme Court 345
Test for distinguishing mortgage by conditional sale from genuine sale: real intention of parties; existence of debtor-creditor relationship
property-lawmortgageconditional-salesection-58bintention-test
Read case brief →Supreme Court of India1954
AIR 1954 Supreme Court 1
Delivery of possession with right to receive rents and profits in lieu of interest constitutes a usufructuary mortgage
property-lawTPAsection-58usufructuary-mortgagelandmark
Read case brief →Supreme Court of India1954
AIR 1954 Supreme Court 44
Section 56 of the Indian Contract Act exhaustively governs frustration in India; 'impossibility' under Section 56 is used in a practical sense (impracticability), not literally; English doctrines of frustration cannot be imported beyond the statutory framework.
frustrationSection-56impossibilityimpracticabilitysupervening-eventIndian-lawrequisition
Read case brief →Supreme Court of India1954
AIR 1954 Supreme Court 379
Condition of survivorship creates contingent interest; if transferee predeceases, interest fails
property-lawcontingent-interestsurvivorshipsection-21
Read case brief →Supreme Court of India1954
AIR 1954 Supreme Court 92
Right to property is a right in rem: available against the whole world; every person has a duty not to interfere with the owner's property
right-in-rempropertyArt-31fundamental-rightsduty
Read case brief →Supreme Court of India1954
AIR 1954 Supreme Court 194
A judgment of conviction must be a speaking judgment. The judge must marshal the evidence, discuss the rival contentions, and give reasons for accepting or rejecting testimony. A judgment that merely states the conclusion without reasons fails the test of a valid judgment.
judgmentreasoningspeaking-orderS.392-BNSSfair-trialsem-5
Read case brief →Calcutta High Court1953
AIR 1953 Calcutta 549
Punctuation is not a controlling factor in statutory interpretation but may be looked at as a minor aid where the meaning is otherwise doubtful. The court gives effect to the sense of the provision rather than mechanical reliance on punctuation marks, which may have been carelessly used by the draftsman.
punctuationinternal-aidsminor-aidstatutory-constructiondraftsman-error
Read case brief →Supreme Court of India1953
All India Reporter 1953 Supreme Court 375; (1954) Supreme Court Reports 1
The doctrine of colourable legislation has nothing to do with the bona fides or mala fides of the legislature. The only question is one of competence: whether the legislature, while purporting to act within its power, has in substance transgressed it. If the subject matter is within its competence, the motive for enacting the law is irrelevant.
constitutional-lawcolourable-legislationlegislative-competencemotiveagricultural-income-taxestates-abolitionfraud-on-the-constitution
Read case brief →Supreme Court of India1953
AIR 1953 Supreme Court 131
Art.20(2) double jeopardy protection applies only where the person has been both 'prosecuted AND punished' for the same offence; a mere prior acquittal does not trigger the bar, and an appeal against an acquittal is a continuation of the same prosecution, not a fresh one.
article-20-2double-jeopardyprosecuted-and-punishedacquittal
Read case brief →Supreme Court of India1953
AIR 1953 Supreme Court 325
Proceedings before a Sea Customs authority, resulting in confiscation of goods, do not amount to a 'prosecution' before a 'court or judicial tribunal' for Art.20(2); therefore, a subsequent criminal prosecution for the same conduct does not violate double jeopardy protection.
article-20-2double-jeopardycourt-or-judicial-tribunalsea-customs-actconfiscation
Read case brief →International Court of Justice1953
ICJ Reports 1953, p 47
When both parties rely on ancient historical title, the court prefers the party demonstrating actual exercise of effective sovereignty in modern times through administrative and judicial acts.
PILterritorial-sovereigntyeffective-administrationhistorical-title
Read case brief →Madras High Court1953
AIR 1953 Madras 420
Transferee of actionable claim takes subject to all defenses available against the transferor, including prior payment
property-lawTPAsection-132actionable-claimequities
Read case brief →Supreme Court of India1953
AIR 1953 Supreme Court 274
A proviso must be construed with reference to the main enactment to which it is a proviso. It carves out an exception to the main provision and cannot be used to widen the scope of the main section.
provisointernal-aidsexceptionscope-limitationconstruction
Read case brief →Supreme Court of India1953
AIR 1953 Supreme Court 365
An undischarged insolvent is automatically disqualified from holding office as director; the office is vacated by operation of law without requiring any formal removal.
directorsdisqualificationinsolvencyvacation-of-office
Read case brief →Supreme Court of India1952
AIR 1952 Supreme Court 75
A law providing for trial by special courts without intelligible differentia between persons tried by special courts and ordinary courts violates Art.14. The State cannot deny a citizen the right to trial by established courts without reasonable classification.
special-courtsarticle-14classificationequal-protectionfair-trial
Read case brief →House of Lords1952
[1952] Appeal Cases 109
When a statute creates a legal fiction (by use of words "shall be deemed"), the court must carry the fiction to its logical conclusion but not beyond the purpose for which the fiction was created.
legal-fictiondeemedlogical-conclusionscope-limitationstatutory-construction
Read case brief →Supreme Court of India1952
All India Reporter 1952 Supreme Court 64; (1952) Supreme Court Reports 218
The word 'election' in Article 329(b) is used in the wide sense of the entire process from the notification calling the election to the declaration of the result. No intermediate step, including the rejection of a nomination paper, may be questioned except by an election petition after the result.
constitutional-lawarticle-329election-petitionnominationwrit-jurisdictionelectionsbar-on-courts
Read case brief →Allahabad High Court1952
AIR 1952 Allahabad 675
For Section 10 CPC to apply, the previously instituted suit must be one where the court has the power to grant the same or substantially the same relief as sought in the later suit; if the earlier court lacks jurisdiction or competence to grant the relief claimed in the subsequent suit, the stay under Section 10 is not attracted.
section-10-cpcsub-judicecourt-of-competent-jurisdictionrelief
Read case brief →Supreme Court of India1952
AIR 1952 SC 54
There is no legal requirement that a victim of sexual offence must be corroborated, but as a rule of prudence courts seek independent corroboration; a previous consistent statement (FIR) is not independent corroboration but supports credibility under S.157 IEA (now S.151 BSA).
evidence-lawcorroborationsexual-offencesection-157previous-consistent-statementFIR
Read case brief →Supreme Court of India1952
AIR 1952 Supreme Court 252
Zamindari abolition laws providing for compensation on principles laid down by the legislature are valid; the court will not substitute its own view of adequacy of compensation
zamindari-abolitioncompensationArticle-31Biharagrarian-reform
Read case brief →International Court of Justice1951
ICJ Reports 1951, p. 116
(1) The baseline for measuring territorial waters may follow the general direction of the coast using straight baselines where the coastline is deeply indented. (2) The 10-mile rule for bays is not a rule of general international law. (3) Economic interests of the coastal population may be considered in delimitation.
law-of-seastraight-baselinesterritorial-watersindented-coastlinefisheries
Read case brief →House of Lords (UK)1951
[1951] Appeal Cases 850
A reasonable person calibrates precautions according to the genuine probability and magnitude of a risk, weighed against the burden of further precautions; negligence does not require guarding against every conceivable, however remote, risk.
negligencerisk-utility-balancingstandard-of-care
Read case brief →Supreme Court of India1951
AIR 1951 Supreme Court 41
A statute may validly single out one enterprise for special treatment (nationalisation/takeover) if there is an intelligible differentia with a rational nexus to the object sought. Classification need not be abstract; it can be a "class of one" if circumstances justify.
article-14classificationclass-of-onenationalisationintelligible-differentia
Read case brief →Supreme Court of India1951
AIR 1951 Supreme Court 332
The legislature cannot delegate its essential legislative function; it must lay down legislative policy and guidelines while delegating only ancillary or subordinate functions
delegated-legislationexcessive-delegationlegislative-policyseparation-of-powers
Read case brief →Supreme Court of India1951
AIR 1951 Supreme Court 128
Article 13(1) operates only prospectively; it renders pre-Constitution laws inconsistent with fundamental rights void only from the date the Constitution commenced (26 January 1950), and does not affect proceedings, rights, or liabilities that had already accrued before that date.
article-13prospective-operationpre-constitution-lawvested-rights
Read case brief →Allahabad High Court1951
AIR 1951 Allahabad 612
Once a judgment is signed, it cannot be varied or altered except to correct a clerical or arithmetical mistake under the slip rule (Order XX Rule 3). The judge cannot recall and substantively alter a signed judgment.
CPCjudgmentorder-XX-rule-3slip-rulealterationfinality-of-judgmentclerical-error
Read case brief →Supreme Court of India1951
AIR 1951 Supreme Court 144
An agent who fails to carry out an express instruction, such as an instruction to insure goods, is liable for the direct consequences of that neglect under Section 212. Compensation received by the principal from an independent source does not reduce the agent's liability.
agencysection-211section-212skill-and-diligencefailure-to-insuredirect-consequences
Read case brief →Supreme Court of India1951
AIR 1951 Supreme Court 207
Taking cognizance under S.190 CrPC (now S.228 BNSS) means the Magistrate takes judicial notice of the commission of an offence. It does not require a formal order or express pronouncement: the act of applying mind to the complaint/report and deciding to proceed constitutes taking cognizance.
cognizanceS.228-BNSSmagistrate-powerstaking-cognizancejudicial-noticesem-5
Read case brief →International Court of Justice1951
ICJ Reports 1951, p. 15
A state may make a reservation to a multilateral treaty provided the reservation is compatible with the object and purpose of the treaty. Incompatible reservations render the reserving state not a party vis-a-vis objecting states.
reservationstreatiesobject-and-purpose-testgenocide-conventionadvisory-opinion
Read case brief →Allahabad High Court1951
AIR 1951 Allahabad 456
Mortgagee in possession must account for rents actually received AND rents that could have been received with due diligence
property-lawmortgagemortgagee-in-possessionsection-76accounting
Read case brief →Supreme Court of India1951
AIR 1951 Supreme Court 458
Constitutional amendments under Article 368 are not "law" within the meaning of Article 13(2) and therefore cannot be challenged for violating fundamental rights
First-Amendmentzamindari-abolitionArticle-368Article-13constitutional-amendmentfundamental-rights
Read case brief →Supreme Court of India1951
AIR 1951 Supreme Court 177
A court cannot decide a matter not covered by the issues framed. Going beyond the issues without notice to parties is an error of jurisdiction. The issues define the battlefield; evidence and arguments must remain within them.
CPCframing-of-issuesorder-XIVbeyond-issueserror-of-jurisdictiontrial-scope
Read case brief →Supreme Court of India1951
All India Reporter 1951 Supreme Court 318; (1951) Supreme Court Reports 682
In determining legislative competence the court looks to the pith and substance of the enactment, that is its true nature and character. If the law in substance falls within the enacting legislature's field, an incidental encroachment on a forbidden field does not invalidate it.
constitutional-lawpith-and-substancelegislative-competenceseventh-scheduleseverabilityprohibitionincidental-encroachment
Read case brief →Supreme Court of India1951
AIR 1951 Supreme Court 226
Directive Principles cannot override or take precedence over Fundamental Rights where the two conflict; a caste-based reservation policy not backed by a specific constitutional provision violates Art.29(2). This led directly to the First Constitutional Amendment.
directive-principlesfundamental-rightsarticle-29caste-reservationfirst-amendment
Read case brief →Supreme Court of India1950
AIR 1950 Supreme Court 27
Procedure established by law in Art.21 means any enacted law; fairness or reasonableness is not required. (Overruled by Maneka Gandhi, 1978.)
art-21procedure-established-by-lawpreventive-detentionpositivismoverruled
Read case brief →International Court of Justice1950
ICJ Reports 1950, p 266
Regional custom requires constant and uniform usage accepted as law by the states concerned; the burden of proof lies on the state invoking the custom.
PILregional-customdiplomatic-asylumopinio-jurisburden-of-proof
Read case brief →Supreme Court of India1950
AIR 1950 Supreme Court 265
Rental income from agricultural land is agricultural income exempt under S.10(1) only if the land is used for agricultural purposes.
taxation-lawagricultural-incomeexemptionsection-10
Read case brief →Court of Appeal1950
[1950] 2 Allahabad English Reports 1064
Four exceptions to the rule in Foss v Harbottle: (1) ultra vires or illegal acts; (2) acts requiring special majority passed by simple majority; (3) fraud on the minority where wrongdoers control the company; (4) infringement of individual membership rights.
minority-rightsexceptionsFoss-v-Harbottleultra-viresfraud-on-minoritypersonal-rights
Read case brief →Supreme Court of India (sitting on a Hyderabad appeal under Art.374(4))1950
1950 Supreme Court Reports 747; All India Reporter 1953 Supreme Court 413; judgment of 12 October 1950
A Muslim widow in possession of her husband's estate in lieu of unpaid dower, whether with the consent of the other heirs or otherwise, is not entitled to priority as against his other unsecured creditors. There is nothing in the nature of dower entitling it to priority. Her lien gives her no priority over other creditors; dower as a debt has priority only over the heirs' claim to have the estate distributed. Possession makes no difference to either proposition.
muslim-lawdowermahrwidows-right-of-retentionunsecured-creditorno-priorityexecution
Read case brief →Labour Appellate Tribunal of India1950
AIR 1950 LAT 155
Origin of the Full Bench Formula for bonus computation. Established the principle that bonus is payable from available surplus after deducting prior charges from gross profits.
bonusfull-bench-formulaoriginavailable-surplusprior-charges
Read case brief →Supreme Court of India1950
AIR 1950 Supreme Court 222
Administrative action must be intra vires the parent statute; courts have jurisdiction to review whether administration exceeded statutory powers
administrative-lawultra-viresjudicial-reviewintra-viresearliest-cases
Read case brief →Supreme Court of India1950
AIR 1950 Supreme Court 124
Art.32 is itself a fundamental right; the SC cannot refuse a writ petition where a fundamental right is infringed. Freedom of press is part of Art.19(1)(a).
administrative-lawwritsart-32press-freedomguaranteed-remedy
Read case brief →International Court of Justice1949
ICJ Reports 1949, p. 4
(1) Every state has an obligation not to knowingly allow its territory to be used for acts contrary to the rights of other states. (2) Right of innocent passage through international straits cannot be denied. (3) Circumstantial evidence is admissible in international adjudication.
state-responsibilityinnocent-passageinternational-straitscircumstantial-evidenceterritorial-sovereignty
Read case brief →Court of Appeal (England)1949
[1949] 2 King's Bench 291
Courts weigh both the relative causal potency and the relative blameworthiness of each party's conduct in determining the appropriate proportionate reduction for contributory negligence.
contributory-negligencecomparative-faultapportionment
Read case brief →Court of Appeal (England)1949
[1949] 1 King's Bench 532
An exclusion clause displayed after the contract is formed (e.g., a notice inside a hotel room seen only after check-in at reception) cannot be incorporated into the contract; terms must be brought to notice before or at the time of contracting.
exclusion-clauseincorporationnoticetimingstandard-formhotelcontract-formation
Read case brief →International Court of Justice1949
ICJ Reports (1949) 174
The United Nations possesses international legal personality and can bring claims against states; international organisations are subjects of international law with rights and duties on the international plane.
PILinternational-personalityUNsubjects-of-ILimplied-powers
Read case brief →Court of Appeal (England)1949
[1949] 2 King's Bench 528
Damages are recoverable if the loss was reasonably foreseeable as a 'serious possibility' or 'real danger' at the time of contracting; imputed knowledge (what a reasonable person in defendant's position would know) suffices where actual knowledge is absent.
damagesremotenessforeseeabilityreasonable-contemplationHadley-v-Baxendaleimputed-knowledgespecial-loss
Read case brief →Bombay High Court (Federal Court on appeal)1949
AIR 1949 Bombay 141
An industrial tribunal, in adjudicating an industrial dispute, has the power to create new rights and obligations between employer and workmen going beyond the strict terms of the existing contract, since industrial adjudication is not confined to enforcing existing legal rights but extends to settling disputes in a manner that promotes industrial peace.
industrial-adjudicationtribunal-powerscreation-of-new-rightsindustrial-peace
Read case brief →Court of Appeal (England)1948
[1948] 1 King's Bench 223
Wednesbury unreasonableness: a decision is reviewable only if so unreasonable that no reasonable authority could ever have reached it; high threshold respecting administrative discretion
administrative-lawwednesburyunreasonablenessjudicial-reviewdiscretionenglish-law
Read case brief →International Court of Justice1948
ICJ Advisory Opinion [1948] ICJ Rep 57
The conditions for United Nations membership in Article 4 of the Charter are exhaustive; member states cannot impose additional political conditions beyond those specified.
PILunited-nationsmembershiparticle-4veto
Read case brief →House of Lords (UK)1947
[1947] Appeal Cases 156
The Rylands v Fletcher rule requires an actual escape of the dangerous thing to a place outside the defendant's occupation or control; injury occurring within the defendant's premises does not satisfy this essential requirement.
strict-liabilityrylands-v-fletcherescape-requirement
Read case brief →Oudh Chief Court1946
AIR 1946 Oudh 408
The Turquand rule does not protect a person who has knowledge of the irregularity or where circumstances are suspicious enough to put a reasonable person on inquiry
indoor-managementturquand-ruleexceptionsuspicious-circumstancesindian-law
Read case brief →Bombay High Court1946
AIR 1946 Bombay 482
Bank accepting securities for safe custody is a bailee under S.151; liable for loss due to negligence
bailor-baileesafe-custodynegligenceS151banker-customer
Read case brief →Nagpur High Court1946
AIR 1946 Nagpur 305
Allotment of shares is complete only when the letter of allotment is communicated to the applicant; until communication, no binding contract exists.
allotmentcommunicationcontractshares
Read case brief →House of Lords1946
[1946] Appeal Cases 278
Relaying or repairing" a railway line does not include routine maintenance (oiling). Literal Rule applied strictly to deny compensation for worker killed during maintenance work.
literal-rulerelaying-repairingmaintenancerailwaycompensation-denied
Read case brief →Lahore High Court1946
AIR 1946 Lahore 166
An instrument drawn on a bank payable on demand is a cheque under S.6 regardless of the name given to it; substance prevails over form
chequeS6substance-over-formhundidefinition
Read case brief →Madras High Court1946
AIR 1946 Madras 398
Testator's signature need not be at physical bottom; placement showing intent to authenticate the whole document suffices
property-lawwillexecutionsignaturesection-63placement
Read case brief →Privy Council1944
AIR 1944 Privy Council 58
Delivery of documents of title to goods (railway receipts) to a bank creates a valid pledge; constructive delivery equals physical delivery
pledgedocuments-of-titleconstructive-deliveryrailway-receiptS172
Read case brief →Privy Council1944
AIR 1944 Privy Council 67
Successive life estates to multiple unborn generations violate both S.13 (not whole interest) and S.14 (beyond perpetuity period)
property-lawTPAsection-13section-14perpetuityunbornlandmark
Read case brief →Allahabad High Court1942
AIR 1942 Allahabad 90
Interest to take effect on death of life tenant is vested (not contingent) because death is certain
property-lawvested-interestsection-19life-tenantremainder
Read case brief →Bombay High Court1942
AIR 1942 Bombay 302
An indemnity holder need not wait until he has actually paid the loss; once his liability has become absolute he may compel the indemnifier to place him in a position to meet it. Sections 124 and 125 are not exhaustive of the law of indemnity in India.
indemnitysection-124section-125accrual-of-liabilityabsolute-liability
Read case brief →Allahabad High Court1942
AIR 1942 Allahabad 109
A mortgage cannot exist without a debt; if no money is actually advanced, the mortgage deed is a nullity
property-lawTPAsection-58mortgageno-debtvoid
Read case brief →Privy Council1941
AIR 1941 Privy Council 21
Under Muslim law, a widow's inheritance is her absolute property: she can alienate freely without restriction (unlike pre-2005 Hindu woman's limited estate)
ownershipabsolute-ownershiplimited-ownershipmuslim-lawwidow
Read case brief →Allahabad High Court1940
AIR 1940 Allahabad 483
Reasonable care under S.41 requires inquiry into title records; reliance on possession alone is insufficient
property-lawostensible-ownerreasonable-caresection-41due-diligence
Read case brief →Court of Appeal1940
[1940] Appeal Cases 613
The equitable doctrine of clog on the equity of redemption does not apply to company debentures; a 40-year repayment term in a company mortgage is valid
debenturesclog-on-redemptioncompany-borrowinglong-term-mortgage
Read case brief →Judicial Commissioner's Court, Peshawar1940
All India Reporter 1940 Peshawar 2
For a valid Muslim marriage the proposal and acceptance must be made at one and the same meeting, by the parties or by persons on their behalf, and the agreement must be witnessed by two adult witnesses. Given the customary mode of solemnising marriages, the whole procedure must be affirmatively proved; a bare assertion by witnesses that they witnessed the nikah, without particulars, is insufficient. Where the girl has attained majority for marriage purposes her own consent is indispensable and cannot be supplied by a grandfather.
muslim-lawmarriagenikahproposal-and-acceptanceijab-qabulwitnessesproof-of-marriageconsent
Read case brief →Madras High Court1938
AIR 1938 Madras 32
Delivery of possession is essential to a bailment. Where the owner resumes possession of the goods, no bailment subsists and the bailee's duty of care under Section 151 does not attach, even though the goods remain physically on his premises.
bailmentsection-148delivery-of-possessionsection-151goldsmith
Read case brief →Judicial Committee of the Privy Council1937
[1937] Appeal Cases 326
The power to implement treaties in domestic law follows the division of legislative powers in the constitution. In a federal state, the central government cannot legislate on matters within provincial/state competence merely because it has entered a treaty on that subject.
treaty-implementationfederal-statedualismlegislative-competenceILO-conventions
Read case brief →House of Lords1937
[1937] Appeal Cases 26
The value of shares for estate duty purposes includes all rights attached to them under the Articles of Association, including restrictions on transfer; shares represent a bundle of rights.
sharesvaluationbundle-of-rightsAOA-restrictions
Read case brief →Madras High Court1937
AIR 1937 Madras 228
Substantial compliance with a condition precedent suffices; exact literal performance not required
property-lawcondition-precedentsubstantial-compliancesection-25
Read case brief →Allahabad High Court1937
AIR 1937 Allahabad 287
A condition subsequent that absolutely bars alienation is void; the transferee takes property free of the restraint
property-lawTPAsection-10section-26restraintcondition-subsequent
Read case brief →King's Bench Division (England)1937
[1937] 4 Allahabad English Reports 90
Collecting an Account Payee cheque for someone other than the named payee is per se negligent; S.131 protection lost
account-payeecollecting-bankernegligenceS131per-se-negligent
Read case brief →Allahabad High Court1937
AIR 1937 Allahabad 610
Unregistered document failing as mortgage can still create valid charge under S.100
property-lawchargesection-100unregisteredfailed-mortgage
Read case brief →Court of Appeal (England)1936
[1936] 2 King's Bench 403
Where services are rendered under a contract that turns out to be void (for want of legal formality), the party who rendered the services is entitled to recover reasonable remuneration on a quantum meruit basis: the obligation arises from unjust enrichment, not from contract.
quantum-meruitvoid-contractrestitutionunjust-enrichmentreasonable-remunerationquasi-contract
Read case brief →Privy Council1936
[1936] Appeal Cases 85
A latent defect in goods breaches both the implied condition of fitness for purpose and the implied condition of merchantable quality. Where goods have an obvious use, disclosure of purpose is implied and reliance on the seller is inferred.
sale-of-goodsmerchantable-qualityfitness-for-purposesection-16latent-defectnegligence
Read case brief →Supreme Court of India1935
AIR 1935 Privy Council 159
Income from letting of property is taxable under 'Income from House Property' and not as 'Business Income' even if the owner is in the business of letting.
taxation-lawlettinghouse-propertyhead-of-income
Read case brief →Chancery Division1935
[1935] Chancery 89
Golden Rule applied to read in words not present in the statute, preventing a murderer from inheriting on intestacy from the person he killed.
golden-rulereading-in-wordsrepugnant-resultinheritancemurderer
Read case brief →Court of Appeal1935
[1935] 1 King's Bench 579
Where the substance of a contract is the exercise of skill and labour, with the supply of materials being merely ancillary, the contract is one for work and labour and not for the sale of goods.
sale-of-goodswork-and-laboursubstance-testsection-4portraitskill
Read case brief →House of Lords (England)1935
[1935] AC 462
The golden thread: it is the duty of the prosecution to prove the prisoner's guilt beyond reasonable doubt; the burden of proof lies on the prosecution throughout and never shifts to the accused except for insanity.
evidence-lawburden-of-proofpresumption-of-innocencegolden-threadcriminal-standardbeyond-reasonable-doubt
Read case brief →Court of Appeal (England)1934
[1934] 2 King's Bench 394
A person who signs a contractual document is bound by its terms, whether or not they have read or understood them, absent fraud or misrepresentation.
standard-form-contractsignature-ruleexemption-clauses
Read case brief →Madras High Court1934
AIR 1934 Madras 622
A mortgage over 'all properties of the mortgagor' without specific identification of each property does not create a valid mortgage
property-lawTPAsection-58mortgagespecific-propertyvoid
Read case brief →Court of Appeal (England)1934
(1934) 50 TLR 581
A permanent, recorded medium such as film falls within the libel category, given its durable, permanent form.
defamationlibelfilmpermanent-form
Read case brief →Court of Appeal1933
[1933] Chancery 935
The corporate veil will be lifted where a company is formed as a mere cloak or sham to evade a contractual obligation such as a non-compete covenant
lifting-the-veilsham-companynon-competefraud-evasion
Read case brief →Court of Appeal (England)1933
[1933] 1 King's Bench 205
Spectators at inherently risky sporting events are taken to consent to the ordinary, inherent risks of the sport, provided it is conducted in the ordinary and proper manner.
volenti-non-fit-injuriaconsentsporting-eventsdefences
Read case brief →Permanent Court of International Justice1933
PCIJ Series A/B No 53 (1933)
A claim to sovereignty requires intention and will to act as sovereign together with actual exercise of authority; in thinly populated or uninhabited territories, modest acts of administration suffice.
PILterritorial-sovereigntyeffective-occupationunilateral-declarationIhlen-Declaration
Read case brief →Madras High Court1933
AIR 1933 Madras 795
S.43 requires transferee to have acted in good faith; if transferee knew transferor had no title, S.43 does not protect
property-lawfeeding-the-grantgood-faithsection-43
Read case brief →Allahabad High Court1933
AIR 1933 Allahabad 613
Intent to defeat creditors is judged from totality of circumstances; actual subjective intent need not be separately proved
property-lawTPAsection-53fraudulent-transferintent
Read case brief →House of Lords (UK)1932
[1932] Appeal Cases 161
A common mistake as to a quality of the subject matter of a contract renders the contract void only if the mistake is so fundamental as to make the subject matter essentially different from what the parties believed it to be.
common-mistakefundamental-mistakequality-of-subject-matter
Read case brief →Supreme Court of India1932
AIR 1932 Privy Council 178
The concept of 'real income': tax is levied on real income actually accrued or received, not on hypothetical or notional income.
taxation-lawreal-incomeaccrualreceived
Read case brief →House of Lords (UK)1932
[1932] Appeal Cases 562
A duty of care is owed to persons who are so closely and directly affected by one's act that one ought reasonably to have them in contemplation (the 'neighbour principle').
negligenceduty-of-careneighbour-principlesnail-in-bottletort-law
Read case brief →Bombay High Court1932
AIR 1932 Bombay 281
Property includes every type of interest capable of being owned, including intangible rights such as a seat on the stock exchange
property-lawTPAintangible-propertystock-exchange
Read case brief →Court of Criminal Appeal1932
[1932] 1 King's Bench 442
A half-truth that creates a false impression is as much an untrue statement as a direct lie; misleading omission in a prospectus amounts to misstatement
prospectusmisstatementhalf-truthmisleading-omissioncriminal-liability
Read case brief →Patna High Court (Division Bench)1932
All India Reporter 1932 Patna 33; 136 Indian Cases 417; judgment of 6 July 1931
A valid waqf requires a substantial dedication of the usufruct to charitable, religious or good purposes as understood in Muhammadan law. No particular form is necessary; a waqf may be inferred from royal grants in favour of individual persons so long as it was for a perpetual religious, charitable or good purpose; the dedicator need not use the word waqf nor formally transfer to God; and where there is a substantial dedication to a valid object the waqf is not vitiated because some non valid objects are also mentioned. Perpetuity is a necessary condition but need not be expressly stated, and where the named purpose is liable to failure the waqf remains valid and the property goes to the poor.
muslim-lawwaqfessentials-of-waqfperpetuityno-particular-formkhankahsajjadanashinsection-92-cpc
Read case brief →Court of Appeal1931
(1931) 145 Law Times 51
There is no privity of contract between a principal and a sub-agent. A sub-agent is answerable to the agent who employed him, and the principal's remedy for the sub-agent's default lies against his own agent.
agencysub-agentsection-192privitydelegationbanking
Read case brief →Lahore High Court1929
AIR 1929 Lahore 587
Alteration of date on a cheque is material alteration under S.87; renders instrument void without consent
material-alterationS87date-alterationchequevoid
Read case brief →German-Polish Mixed Arbitral Tribunal1929
(1929) 5 Annual Digest 11
A state exists in international law when it possesses: (1) a defined territory, (2) a permanent population, (3) an effective government, and (4) capacity to enter into relations with other states. These four criteria constitute the declaratory test of statehood.
statehoodfour-criteriadeclaratory-theoryterritorypopulationgovernmentcapacity
Read case brief →Madras High Court1929
AIR 1929 Madras 110
A contingent interest does not vest until the condition is fulfilled; it does not pass to heirs on death before fulfillment
property-lawTPAsection-21contingent-interestheritability
Read case brief →Permanent Court of International Justice1928
PCIJ Series A, No. 17 (1928)
(1) Reparation must wipe out all consequences of the illegal act and restore the status quo ante. (2) The essential principle is that reparation must, as far as possible, put the injured party in the position it would have been in had the wrongful act not occurred.
state-responsibilityreparationrestitutiondamagesstatus-quo-ante
Read case brief →Permanent Court of Arbitration1928
(1928) 2 RIAA 829
Continuous and peaceful display of state authority is a stronger title to territory than discovery alone; discovery creates only an inchoate title that must be perfected by effective occupation.
PILterritorial-sovereigntyeffective-occupationdiscoveryintertemporal-law
Read case brief →Privy Council1928
AIR 1928 Privy Council 152
Silence without knowledge of one's rights does not constitute implied election; awareness of competing claims is essential
property-lawTPAsection-35electionknowledgeimplied
Read case brief →Privy Council (on appeal from New Zealand)1927
[1927] Appeal Cases 177
A statement of opinion or belief, as distinct from a statement of fact, does not amount to actionable misrepresentation, even if it turns out to be incorrect, provided it was honestly made.
misrepresentationopinion-vs-facthonest-beliefnon-actionablerescission
Read case brief →Permanent Court of International Justice1927
PCIJ Series A No 10 (1927)
In international law, whatever is not expressly prohibited is permitted; states retain sovereign freedom of action unless a specific rule of international law restricts it.
PILsovereigntyjurisdictionlotus-principlepermissive-rule
Read case brief →US-Mexico General Claims Commission1926
4 RIAA 60 (1926)
Established the "international minimum standard" for treatment of aliens. A state is responsible for injury to an alien only if the treatment amounts to an "outrage, bad faith, wilful neglect of duty, or insufficiency of governmental action so far short of international standards.
state-responsibilitytreatment-of-aliensinternational-minimum-standarddenial-of-justice
Read case brief →Court of Appeal1925
[1925] 1 King's Bench 260
Fitness for a purpose made known by the buyer is a condition, not a warranty. A clause excluding liability for warranties does not exclude liability for breach of condition, exclusion clauses being construed strictly.
sale-of-goodsconditionswarrantiessection-12exclusion-clausestrict-construction
Read case brief →House of Lords1925
[1925] Appeal Cases 619
A shareholder, even a sole shareholder, has no insurable interest in the company's property because company property belongs to the company, not to shareholders
separate-entityinsurable-interestcompany-propertyshareholder-rights
Read case brief →Judicial Committee of the Privy Council (on appeal from Allahabad)1925
(1925) 52 Indian Appeals 145; All India Reporter 1925 Privy Council 63; judgment of 11 December 1924
A widow who is not a secured creditor but is in possession of her husband's estate with the consent of the heirs is entitled to retain possession until her dower debt is satisfied. The Board expressly declined to decide whether that right is a lien in the strict sense; whatever it is called, it rests on the power of a widow, as a creditor for dower, to hold property of her husband of which she has lawfully and without force or fraud obtained possession, until her debt is satisfied. It confers no title and places her on no higher footing than any other creditor.
muslim-lawdowermahrwidows-right-of-retentionlienno-titleprivy-council
Read case brief →Privy Council1925
AIR 1925 Privy Council 139
A Hindu idol is a juristic person; property dedicated to it vests in the idol itself, and the shebait is merely a manager
juristic-personhindu-idollegal-personalityshebait
Read case brief →Court of Appeal1925
[1925] Chancery 407
Directors are required to show a degree of skill reasonably expected from persons of their knowledge and experience; they are entitled to trust officers and delegate unless grounds for suspicion exist.
directorsduty-of-carestandard-of-skilldelegationtrust-in-officers
Read case brief →Court of Appeal (England)1924
[1924] 1 King's Bench 775
Collecting banker liable for conversion if collects for non-owner without exercising due care; S.131 protection requires absence of negligence
collecting-bankerconversionnegligenceS131crossed-cheque
Read case brief →Court of Session (Scotland)1924
1924 SC 83
A company may be wound up on the just and equitable ground where its substratum (fundamental object) has failed or become impossible of attainment.
winding-upjust-and-equitablesubstratumfailure-of-object
Read case brief →House of Lords1924
[1924] Appeal Cases 797
A certificate from the Crown as to the status of a foreign sovereign is conclusive evidence binding on English courts; courts cannot go behind the executive's position on recognition.
PILrecognitionsovereign-immunityexecutive-certificate
Read case brief →House of Lords1924
[1924] Appeal Cases 958
The Certificate of Incorporation is conclusive evidence that all requirements of the Act have been complied with; cannot be challenged on procedural grounds after issue
incorporationcertificateconclusive-evidenceirrebuttableregistration
Read case brief →Permanent Court of International Justice1924
PCIJ Series A No 2 (1924)
When a state takes up the claim of its national, it asserts its own right; diplomatic protection transforms a private injury into a state-to-state claim.
PILdiplomatic-protectionnationalitystate-claim
Read case brief →Court of Appeal, England1924
[1924] 1 King's Bench 171
Certiorari lies against any body with a legal duty to act judicially in a matter affecting rights of subjects; not limited to formal courts.
administrative-lawcertiorariquasi-judicialsem-3
Read case brief →King's Bench Division, England1924
[1924] 1 King's Bench 256
Justice must not only be done but must manifestly and undoubtedly be seen to be done; the reasonable apprehension of bias by an informed observer disqualifies the decision-maker.
administrative-lawrule-against-biasnatural-justicesem-3
Read case brief →Privy Council1924
(1924) Allahabad India Reporter, Privy Council 60; (1923) 51 Indian Appeals 101
To establish undue influence under Section 16 ICA, three steps must be proved: (1) the parties are in a relationship where one can dominate the other's will; (2) the dominant party used that position to obtain an unfair advantage; (3) the transaction is unconscionable on its face.
undue-influenceSection-16domination-of-willunconscionableburden-of-proofPrivy-Council
Read case brief →Bombay High Court1924
AIR 1924 Bombay 489
Mere verbal protest without physical obstruction does not constitute 'interruption' sufficient to break the prescriptive period under S.15
property-laweasementssection-15prescriptioninterruption
Read case brief →Court of Appeal (England)1924
[1924] P 140
Joint tortfeasors are those acting pursuant to a common design or shared duty; several tortfeasors act entirely independently, though both categories may face similar practical consequences regarding recovery.
joint-tortfeasorsseveral-tortfeasorscontribution
Read case brief →Court of Appeal1923
[1923] 1 King's Bench 282
A sale by a mercantile agent binds the owner where the agent was in possession with the owner's consent and sold in the ordinary course of business to a good faith buyer. The agent's fraudulent intention in obtaining possession, and his breach of a price limitation, do not defeat the buyer.
sale-of-goodsmercantile-agentsection-27nemo-datconsent-to-possessiongood-faith
Read case brief →Court of Appeal (England)1923
[1923] 2 King's Bench 490
A buyer who resells and despatches goods to sub-buyers does an act inconsistent with the ownership of the seller. That constitutes acceptance, and the right to reject for breach of condition is lost even if a reasonable opportunity of examination has not been exhausted. The buyer is confined to damages.
sale-of-goodssection-41section-42acceptanceright-to-rejectinconsistent-actexamination
Read case brief →Madras High Court1923
AIR 1923 Madras 607
Hindu reversioner's interest is a present vested right, not spes successionis; transferable
property-lawspes-successionisreversionersection-6avested-right
Read case brief →Court of Appeal1923
[1923] 2 King's Bench 500
Breach of the implied condition as to the seller's right to sell produces a total failure of consideration. The buyer may recover the entire price with no deduction for the period during which he used the goods, because he never obtained ownership.
sale-of-goodsright-to-sellsection-14total-failure-of-considerationrecovery-of-price
Read case brief →Court of Appeal1922
[1922] 1 King's Bench 343
Where the seller is bound to do something to put the goods into a deliverable state, property does not pass until that thing is done and the buyer has notice of it. Goods requiring detachment and loading are not in a deliverable state.
sale-of-goodspassing-of-propertysection-21deliverable-staterisksection-26
Read case brief →King's Bench Division1921
[1921] 1 King's Bench 64
Courts must interpret statutes according to the intent of Parliament as expressed in the words used. If the words are clear, no external purpose can override them.
literal-ruleintent-of-parliamentplain-meaningtaxation
Read case brief →Court of Appeal (England)1921
[1921] 3 King's Bench 110
Bank's obligation to repay deposits arises only upon demand by the customer at the branch where the account is maintained
banker-customerdemandlimitationrepaymentbranch
Read case brief →Court of Appeal1921
[1921] 3 King's Bench 532
Once a government is recognised by the executive (Crown), the courts must accept its acts as valid sovereign acts. Recognition is conclusive and courts cannot go behind it. Acts of an unrecognised government have no legal effect in domestic courts.
recognitionsovereign-actsexecutive-certificateunrecognised-governmentact-of-state
Read case brief →Court of Appeal1921
[1921] 3 King's Bench 387
A seller does not have a right to sell within the meaning of Section 14(a) where he cannot sell without exposing the buyer to restraint by a third party, such as an injunction for infringement of a trade mark.
sale-of-goodsright-to-sellsection-14merchantable-qualitytrade-markthird-party-rights
Read case brief →Court of Appeal (England)1921
[1921] 3 King's Bench 560
A defendant is liable for all damage that is a direct consequence of their negligent act, regardless of whether that specific damage was foreseeable.
negligenceremoteness-of-damagedirect-consequence-test
Read case brief →Judicial Committee of the Privy Council (on appeal from Calcutta)1921
(1921) Law Reports 48 Indian Appeals 114; (1921) 23 Bombay Law Reporter 636; Indian Law Reports 48 Calcutta 856; judgment of 9 March 1921
Legitimacy is a status which results from certain facts; legitimation is a proceeding which creates a status that did not exist before. In the proper sense there is no legitimation under Muhammadan law. An acknowledgment is a declaration of legitimacy and not a legitimation. It has more than evidential value in that it raises a presumption of marriage and shifts the onus onto those denying the marriage, but the presumption is one of fact and not juris et de jure, and it is rebutted by affirmative proof that no marriage existed.
muslim-lawacknowledgmentlegitimacylegitimationpresumption-of-marriageprivy-councildunedinonus
Read case brief →King's Bench Division (England)1920
[1920] 3 King's Bench 530
Unless otherwise agreed, the buyer is not bound to accept delivery by instalments. Where only part is delivered and the balance follows after a substantial interval, the buyer may keep and pay for the part delivered and reject the remainder, recovering the price paid for it.
sale-of-goodssection-37section-38deliveryinstalmentsshort-deliverypart-acceptance
Read case brief →Privy Council1920
[1920] Appeal Cases 683
A 'customer' is any person who has an account with the bank; habitual dealings or duration of relationship not required
banker-customerdefinition-of-customeraccountS131
Read case brief →Court of Appeal (England)1919
[1919] 2 King's Bench 571
Domestic agreements between spouses are presumed not to create legally enforceable contracts; the onus is on the party alleging a contract to rebut this presumption.
intention-to-create-legal-relationsdomestic-agreementpresumptioncontract-formation
Read case brief →King's Bench Division1919
[1919] 2 King's Bench 243
A seller dealing face to face intends to contract with the person physically present, so a false claim of identity renders the contract voidable for fraud and not void. Title passes to the rogue, and a good faith transferee who takes before rescission acquires good title.
sale-of-goodsnemo-datsection-29voidable-titleface-to-facebona-fide-purchaser
Read case brief →King's Bench Division1919
[1919] 1 King's Bench 459
Appropriation of unascertained goods to the contract with the other party's assent passes property, and assent may be implied from silence and failure to object. Risk then follows property, so the buyer bears a subsequent loss.
sale-of-goodspassing-of-propertysection-23appropriationimplied-assentrisk
Read case brief →Judicial Committee of the Privy Council (on appeal from Calcutta)1918
(1918) Law Reports 45 Indian Appeals 73; Indian Law Reports 45 Calcutta 878; All India Reporter 1918 Privy Council 11; judgment of 28 February 1918
Under Muhammadan law the mother is entitled only to custody of the person of a minor; she is not the natural guardian and has no greater power over the minor's property than a stranger. The label de facto guardian is misleading. A person having charge of the person or property of a minor without being the legal guardian has no power to convey to another any right or interest in immovable property which the transferee can enforce against the infant, nor can such transferee, if let into possession, resist an action in ejectment on behalf of the infant as a trespasser.
muslim-lawguardianshipde-facto-guardianalienationminors-propertyimmovable-propertyprivy-councilameer-ali
Read case brief →House of Lords (England)1918
[1918] Appeal Cases 777
Customer owes implied duty to draw cheques with reasonable care (Macmillan duty); negligent drawing shifts loss to customer
paying-bankercustomer-dutynegligencematerial-alterationMacmillan-dutycheque-drawing
Read case brief →Madras High Court1918
AIR 1918 Madras 456
A stipulation for collateral advantage continuing after redemption of mortgage is a clog on equity of redemption and is void
property-lawTPAsection-60clogcollateral-advantage
Read case brief →Madras High Court1917
(1917) Indian Law Reports 41 Madras 33
A threat to commit suicide amounts to coercion under Section 15 of the Indian Contract Act, as suicide (attempt) is an act forbidden by the Indian Penal Code; consent obtained through such threat is not free.
coercionSection-15suicide-threatIPCfree-consentvoidable
Read case brief →House of Lords1916
[1916] 2 Appeal Cases 307
The corporate veil may be lifted to determine the enemy character of a company during wartime by examining who controls it
lifting-the-veilenemy-characterwartimecorporate-personality
Read case brief →Judicial Committee of the Privy Council (on appeal from Allahabad)1916
(1916) 43 Indian Appeals 294; All India Reporter 1916 Privy Council 46; Indian Law Reports 38 Allahabad 581; judgment of 1 August 1916
Dower is a debt of the husband and the widow is entitled, along with other creditors, to have it satisfied out of his estate on his death, but her right is no greater than that of any other unsecured creditor. As against the heirs she has a creditor's lien, so that where she has lawfully obtained possession of the estate with the express or implied consent of the husband or the heirs she may retain that possession until the dower debt is satisfied.
muslim-lawdowermahrwidows-right-of-retentionunsecured-debtprivy-council
Read case brief →Privy Council1916
AIR 1916 Privy Council 28
Transfer to close relative without consideration + retention of possession + timing near debt = presumed fraudulent under S.53
property-lawfraudulent-transfersection-53badges-of-fraud
Read case brief →Privy Council1915
AIR 1915 Privy Council 7
Condition precedent requires only substantial compliance, not literal compliance; the essence of the condition must be fulfilled
property-lawTPAsection-25condition-precedentsubstantial-compliancelandmark
Read case brief →House of Lords (England)1915
[1915] Appeal Cases 847
Only a party to a contract can sue upon it (privity); a person who has provided no consideration to the defendant cannot enforce the defendant's promise, even if the promise was made for their benefit.
privity-of-contractconsiderationthird-partymanufacturerresale-priceEnglish-law
Read case brief →King's Bench Division1915
[1915] 1 Chancery 881
The articles of association constitute a contract between the company and its members, and between the members inter se, binding them in their capacity as members
articles-of-associationstatutory-contractmembership-rightsarbitration
Read case brief →Chancery Division1915
[1915] 1 Chancery 621
A particular lien requires the exercise of labour or skill which improves the goods. A bailee who merely maintains or preserves goods in the condition in which he received them acquires no lien for his charges.
bailmentlienparticular-liensection-170improvementmaintenance
Read case brief →Bombay High Court1914
AIR 1914 Bombay 135
Where no interest in property is transferred but property is expressly made security for a debt, the transaction creates a charge, not a mortgage
property-lawTPAsection-100chargemortgagedistinction
Read case brief →King's Bench Division (England)1914
(1914) 30 TLR 433
A single transaction suffices to make a person a 'customer'; bank negligent in opening account without references loses S.131 protection
customer-definitionaccount-openingnegligenceS131single-transaction
Read case brief →Calcutta High Court1913
AIR 1913 Calcutta 259
A person who accepts a benefit under an instrument is deemed to have elected in favor of all provisions of that instrument, including those disposing of their own property
property-lawTPAsection-35electionacceptance
Read case brief →Allahabad High Court1913
(1913) 11 ALJ 489; 1913 Supreme Court Cases OnLine Allahabad 242
An offer must be communicated to the offeree before it can be accepted; performance of the act without knowledge of the offer does not constitute acceptance and gives no right to the reward.
communication-of-offerknowledge-of-offeracceptancerewardSection-2aIndian-Contract-Act
Read case brief →Court of Appeal (England)1913
[1913] 3 King's Bench 743
The seller's duty to give the buyer notice enabling him to insure goods sent by a route involving sea transit is purposive. Where the buyer already possesses the information necessary to effect insurance, the absence of a formal notice does not put the goods at the seller's risk.
sale-of-goodssection-39sea-transitnotice-to-insureriskfob
Read case brief →House of Lords1912
[1912] Appeal Cases 716
A principal is liable for the fraud of an agent committed within the apparent scope of his authority, even where the fraud was for the agent's own benefit and the principal neither knew of nor benefited from it.
agencyfraud-of-agentsection-238apparent-authorityvicarious-liability
Read case brief →Bombay High Court1912
AIR 1912 Bombay 362
An unsecured book debt not secured by mortgage or pledge is an actionable claim transferable by written assignment under S.130
property-lawTPAsection-130actionable-claimunsecured-debt
Read case brief →House of Lords1911
[1911] Appeal Cases 394
Correspondence with description is a condition and not a warranty. A contractual clause excluding warranties does not protect a seller against breach of the condition as to description.
sale-of-goodssale-by-descriptionsection-15conditionswarrantiesexclusion-clause
Read case brief →Privy Council1910
(1910) 37 Indian Appeals 152
Where a contract, though made between other parties, creates a specific charge or trust in favour of a third party who is a natural object of the promisor's bounty, that third party may enforce the provision, an exception to the privity rule.
privity-of-contractexceptionstrust-exceptionfamily-arrangement
Read case brief →Court of Appeal (England)1908
[1908] 2 King's Bench 1
A minor is only liable for 'necessaries' under the Sale of Goods Act; necessaries must be (1) suitable to the condition in life of the minor AND (2) at his actual requirements at the time of sale, if the minor is already adequately supplied, the goods are not necessaries.
minornecessariescapacitySection-68-ICAadequate-supplycondition-in-life
Read case brief →Allahabad High Court1907
AIR 1907 Allahabad 145
S.52 applies only when the right to specific immovable property is directly and specifically in question, not merely incidentally involved
property-lawTPAsection-52lis-pendensdirectly-in-question
Read case brief →Privy Council1907
[1907] Appeal Cases 73
Possession by itself is good title against all the world except a person having better title: a possessor can sue a trespasser even without proving ownership
possessiontitletrespasserpresumption-of-ownershippossessory-rights
Read case brief →Bombay High Court1906
AIR 1906 Bombay 89
A gift once accepted cannot be revoked unilaterally by the donor; revocation only under S.126 conditions
property-lawTPAsection-126giftrevocationirrevocable
Read case brief →Allahabad High Court1906
Indian Law Reports (1906) 28 Allahabad 568
One who accepts benefit under a transaction must confirm the whole; approbation and reprobation impermissible (doctrine of election)
property-lawelectionsection-35approbate-reprobate
Read case brief →King's Bench Division1905
[1905] 2 King's Bench 391
International law forms part of English law only insofar as it has been recognised and adopted by English courts; unincorporated international obligations do not automatically bind the Crown.
PILincorporationtransformationadoptiondomestic-application
Read case brief →Chancery Division (England)1904
[1904] 1 Chancery 486
Where the partnership deed confers a power of expulsion for conduct detrimental to the business, a conviction for dishonesty is such conduct and expulsion is valid. The power must be exercised in good faith and strictly within the terms conferred.
partnershipsection-33expulsiongood-faithscandalous-conductreconstitution
Read case brief →Privy Council1904
[1904] Appeal Cases 120
A company cannot ratify a pre-incorporation contract because no principal existed at the time the contract was made; ratification requires a principal in existence at the time of the agent's act
pre-incorporation-contractratificationprincipal-agentprivy-council
Read case brief →Court of Appeal (England)1903
[1903] 2 King's Bench 740
A contract is frustrated where the fundamental purpose for which both parties entered the contract ceases to exist due to a supervening event, even though literal performance remains physically possible: the doctrine of frustration of purpose.
frustrationfrustration-of-purposecoronation-casesfoundation-of-contractsupervening-eventdischarge
Read case brief →Privy Council (Judicial Committee)1903
(1903) 30 Indian Appeals 114; [1903] UKPC 12
A contract entered into by a minor is void ab initio under Indian law, not merely voidable; a minor has no capacity to contract under Section 11 of the Indian Contract Act, 1872.
minorcapacityvoid-ab-initioSection-11mortgageIndian-Contract-Act
Read case brief →Court of Appeal1903
[1903] 2 King's Bench 148
Where goods have one obvious use, the buyer makes known the particular purpose merely by asking for the article by name, and the implied condition of fitness for purpose applies.
sale-of-goodsfitness-for-purposesection-16implied-conditionhot-water-bottle
Read case brief →Chancery Division1901
[1901] 1 Chancery 279
A share is not a sum of money but an interest measured by a sum of money: a bundle of rights including the right to dividend, vote, and surplus assets on winding up
sharesnature-of-sharebundle-of-rightsmembershipchose-in-action
Read case brief →House of Lords1901
[1901] Appeal Cases 240
Ratification is possible only where the person doing the act professed at the time to act on behalf of the principal. An undisclosed intention to act for another cannot be converted into agency by subsequent ratification.
agencyratificationsection-196undisclosed-intentionprofessed-agency
Read case brief →Court of Appeal1900
[1900] 1 Chancery 656
The power to alter articles must be exercised bona fide for the benefit of the company as a whole
articles-of-associationalterationbona-fidemajority-ruleminority-protection
Read case brief →Chancery Division1900
[1900] 1 Chancery 833
A company is estopped from making calls on shares that have been certified as fully paid; the share certificate operates as a representation upon which holders are entitled to rely
share-certificateestoppelcallsfully-paid-shares
Read case brief →House of Lords1900
[1900] Appeal Cases 240
Promoters must disclose ALL profits connected with the company's formation; partial disclosure is insufficient; duty extends to every profit, not just the final sale
promoterfiduciary-dutysecret-profitfull-disclosurepartial-disclosure
Read case brief →Calcutta High Court1900
(1900) 4 CWN 488
For an agreement without consideration to be valid under Section 25(1) ICA, there must be genuine natural love and affection between parties standing in near relation; a promise made merely to get rid of a wife does not qualify.
considerationexceptionSection-25natural-love-and-affectionnear-relationvoid-agreement
Read case brief →Allahabad High Court1899
(1899) 22 Allahabad 149
Courts look behind the form to the substance; a conditional sale intended as security for a debt is a mortgage, not a sale
property-lawTPAsection-58conditional-salesubstance-over-formlandmark
Read case brief →Privy Council1899
(1899) Indian Law Reports 21 Allahabad 275
Custom must be proved by clear evidence of long continuous practice; the burden of proof lies on the party asserting the custom
customburden-of-proofevidencerequisites-of-custom
Read case brief →House of Lords1899
[1899] Appeal Cases 143
Ejusdem generis applied. "Other place" restricted to indoor locations when preceded by "house, office, room" (all indoor spaces). An outdoor enclosure was not ejusdem generis.
ejusdem-generisliteral-ruleplaceoutdoorbetting
Read case brief →Queen's Bench Division1898
[1898] 2 Queen's Bench 91
Bye-laws and subordinate legislation are presumed valid and will not be struck down unless they are manifestly unreasonable, partial or unequal in operation, repugnant to the general law, or ultra vires the parent statute.
subordinate-legislationbye-lawsreasonablenessultra-viresvalidity-test
Read case brief →House of Lords1897
[1897] Appeal Cases 22
Upon valid incorporation, a company is a separate legal person distinct from its members, even if one person holds virtually all shares
separate-legal-entitycorporate-personalityone-man-companylimited-liabilityfoundational
Read case brief →Queen's Bench Division (England)1897
[1897] 2 Queen's Bench 57
Deliberate conduct calculated to cause, and which does cause, psychiatric or physical harm through nervous shock is actionable, independent of physical contact.
nervous-shockintentional-inflictionpsychiatric-injury
Read case brief →Court of Appeal1896
[1896] 2 Chancery 279
An auditor is a watchdog, not a bloodhound; he is not bound to approach his work with suspicion or to be a detective unless the circumstances are such as to arouse suspicion.
auditorwatchdogbloodhoundduty-of-caresuspicionstandard-of-skill
Read case brief →House of Lords (UK)1895
[1895] Appeal Cases 587
Where an act is otherwise lawful, the actor's malicious motive for performing it does not convert the act into an actionable tort.
malicemotivelawful-actgeneral-principles
Read case brief →House of Lords1895
[1895] Appeal Cases 471
Where a person in possession under a hire agreement has a genuine option to return the goods and end future liability, he has not agreed to buy them. He is a bailee with no title and can pass none to a transferee.
hire-purchasesale-of-goodsoption-to-purchasenemo-datsection-30agreed-to-buy
Read case brief →Court of Appeal1895
[1895] 2 Chancery 673
An auditor's duty is to report to shareholders, not merely to directors; the auditor must form an independent opinion and report any matter that shareholders ought to know.
auditorduty-to-reportshareholdersindependent-opinionaccounts
Read case brief →Judicial Committee of the Privy Council (on appeal from Calcutta)1894
(1894) Law Reports 22 Indian Appeals 76; Indian Law Reports 22 Calcutta 619
A settlement whose substance and dominating purpose is provision for the settlor's family and descendants, with the charitable object dependent on the failure of the line and therefore illusory or so remote as to be nominal, is a family settlement dressed as a waqf and is void. The charitable gift must be substantial and not illusory.
muslim-lawwaqfwaqf-alal-auladfamily-waqfillusory-charityprivy-councilmussalman-wakf-validating-act-1913legislative-reversal
Read case brief →Queen's Bench Division1894
[1894] 2 Queen's Bench 415
Indiscriminate anarchist violence directed against society as a whole does not qualify as a political offence; the exception requires two contending parties struggling for political power.
PILextraditionpolitical-offence-exceptionanarchismterrorism
Read case brief →Queen's Bench Division1894
[1894] 1 Queen's Bench 92
A bailment may arise by conduct without any request from the owner. Where a person voluntarily assumes possession and control of another's goods, he becomes a bailee and owes the duty of care of a bailee.
bailmentgratuitous-bailmentsection-148section-151implied-bailment
Read case brief →House of Lords1893
[1893] Appeal Cases 396
A company that issues a share certificate is estopped from denying the truth of statements therein against persons who acted on the faith of the certificate
share-certificateestoppelprima-facie-evidencebona-fide-purchaser
Read case brief →Court of Appeal (England)1893
[1893] 1 Queen's Bench 256
An advertisement can constitute a binding unilateral offer to the world at large, accepted by performance of its stated conditions; consideration exists in the inconvenience of performance.
unilateral-contractoffer-to-worldacceptance-by-performanceconsiderationadvertisementcontract-formation
Read case brief →Privy Council (on appeal from Jamaica)1893
[1893] Appeal Cases 552
A mere statement of the lowest price at which a party would sell does not constitute an offer; it is merely a supply of information in response to an inquiry.
offerinvitation-to-treatsupply-of-informationprice-quotationdistinctioncontract-formation
Read case brief →Court of Appeal1893
[1893] 2 Queen's Bench 318
Where a person in possession under an agreement is bound to pay the whole price by instalments and has no right to return the goods, the agreement is in substance an agreement to buy, and he may pass a good title to a bona fide purchaser.
hire-purchasesale-of-goodsagreed-to-buysection-30nemo-datinstalment-sale
Read case brief →Queen's Bench Division1893
[1893] 1 Queen's Bench 346
Where a person is placed in a position which ordinarily carries authority to do acts of a particular kind, the principal is bound by such acts even if he has privately restricted the authority, as against a third party who did not know of the restriction.
agencyusual-authorityapparent-authoritysection-237section-20undisclosed-principal
Read case brief →House of Lords1892
[1892] Appeal Cases 125
Shares cannot be issued at a discount to their nominal (par) value; the capital represented by shares must be maintained intact for the protection of creditors
share-capitaldiscount-sharescapital-maintenancepar-value
Read case brief →Court of Appeal (England)1891
[1891] 2 Chancery 244
A partner must account only for profits derived from a transaction within the scope of the firm's business, or from the use of the firm's property, name or business connection in that business. Information acquired as a partner may be used freely in a wholly different line of business.
partnershipsection-16duty-to-accountsecret-profitscope-of-businessfiduciary-duty
Read case brief →Queen's Bench Division1891
[1891] 1 Queen's Bench 149
A "political offence" for purposes of extradition exemption requires that the act was incidental to and formed part of a political disturbance. Not every crime with a political motive qualifies; there must be a direct nexus between the crime and a genuine political uprising.
extraditionpolitical-offence-exceptionpolitical-disturbancenexus-test
Read case brief →Calcutta High Court1891
Indian Law Reports (1891) 18 Calcutta 83
No one can transfer better title than they possess (nemo dat quod non habet); transfer without title conveys nothing
property-lawnemo-datsection-7competency
Read case brief →House of Lords (UK)1891
[1891] Appeal Cases 325
Mere continued work with knowledge of a risk, absent genuine free choice to accept it given economic necessity, does not establish volenti non fit injuria. Scienti (knowledge) is not volenti (consent).
volenti-non-fit-injuriascienti-non-fit-injuriaemploymentdefences
Read case brief →Queen's Bench Division (England)1891
[1891] 1 Queen's Bench 86
Where harm results despite the defendant's exercise of full reasonable care, through a genuinely unforeseeable and unavoidable occurrence, this constitutes an inevitable accident excusing liability.
inevitable-accidentdefencesreasonable-carenegligence
Read case brief →Court of Appeal1890
(1890) 45 Chancery D 330
A defective notice of a general meeting vitiates any resolution passed thereat; procedural compliance with notice requirements is essential for the validity of corporate acts.
meetingsnoticeresolutionprocedural-compliancevalidity
Read case brief →House of Lords1889
(1889) 14 Appeal Cases 337
Fraud requires knowledge of falsehood or recklessness; honest belief in truth, even if unreasonable, negates fraud.
fraudmisrepresentationhonest-beliefmens-reaprospectus
Read case brief →Madras High Court1889
(1889) Indian Law Reports 13 Madras 214
Threatening to withhold a dead body from cremation unless a person consents to an adoption amounts to coercion under Section 15 of the Indian Contract Act; the resulting consent is not free and the agreement is voidable.
coercionSection-15free-consentdead-bodyadoptionvoidableIPCunlawful-detention
Read case brief →Court of Appeal (England)1888
(1888) 21 Queen's Bench Division 52
The ejusdem generis rule requires that the specific words forming the genus must constitute a distinct category or class. If the specific words do not share a common genus, the general words following them receive their full natural meaning without restriction.
ejusdem-generisgenusspecific-wordsgeneral-wordsno-common-category
Read case brief →Allahabad High Court (Full Bench)1888
(1888) Indian Law Reports 10 Allahabad 289 (Full Bench); judgment of 7 April 1888
Acknowledgment of parentage (ikrar) under Muhammadan law is a rule of substantive personal status and not merely a rule of evidence, so it falls within the personal law the courts must administer and is not displaced by the Evidence Act 1872. Where the fact or date of the marriage is neither proved nor disproved, a father's acknowledgment of a son establishes marriage and legitimacy for purposes of inheritance, provided legitimacy is possible. Acknowledgment cannot legitimise a child proved to be illegitimate.
muslim-lawacknowledgmentikrarpaternitylegitimacymahmood-jsubstantive-statusevidence-act
Read case brief →Court of Appeal (England)1887
(1887) 36 Chancery D 145
A transaction procured through undue influence arising from a relationship of trust and confidence may nonetheless stand if the party seeking to set it aside delayed unreasonably in doing so after the influence ceased.
undue-influencedelaylachesrelationship-of-confidence
Read case brief →Queen's Bench Division1887
(1887) 19 Queen's Bench Division 629
Noscitur a sociis applied. The meaning of a doubtful word is determined by reference to the words associated with it in the statute.
noscitur-a-sociisassociated-wordscontextmeaning-from-companions
Read case brief →Allahabad High Court (Full Bench)1886
(1886) Indian Law Reports 8 Allahabad 149 (Full Bench); judgment of 21 January 1886
Marriage among Muhammadans is a purely civil contract and not a sacrament, and the rights and obligations it creates arise immediately on the contract being made. Non-payment of prompt dower does not bar the husband's suit for restitution of conjugal rights, but because restitution is an equitable relief akin to specific performance the decree is made conditional on payment of prompt dower, and the wife may lawfully refuse cohabitation until prompt dower is paid.
muslim-lawmarriagecivil-contractdowermahrrestitution-of-conjugal-rightsmahmood-j
Read case brief →Calcutta High Court1886
(1886) Indian Law Reports 14 Calcutta 64
A promise to subscribe to a charitable or public fund becomes enforceable when the promisee, acting on the promise, incurs liability or changes position; the promisee's act constitutes consideration for the subscription.
considerationsubscriptioncharitable-promisepromissory-liabilitySection-2dIndian-law
Read case brief →Allahabad High Court (Full Bench)1885
(1885) Indian Law Reports 7 Allahabad 822 (Full Bench); judgment of 10 February 1885
On the death of a Muslim owner the inheritance vests immediately in the heirs in their specific shares; devolution is not suspended pending payment of debts. Muhammadan heirs are independent owners of their specific shares, and if they take subject to the charge of the debts of the deceased their liability is in proportion to the extent of their shares. A creditor must therefore implead all the heirs against whose shares he seeks to enforce his claim. No valid will can be made in favour of an heir, and even in favour of a stranger a bequest holds good only to the extent of one third of the property remaining after funeral expenses and debts; consent of the heirs validating an excess must be given after the testator's death.
muslim-lawsuccessionheirs-liabilityproportionate-liabilitybequeathable-thirdbequest-to-heirconsent-of-heirsmahmood-j
Read case brief →House of Lords (England)1884
[1884] UKHL 1; (1884) 9 Appeal Cases 605
Part payment of a debt is not good consideration for a promise to forgo the balance; the rule in Pinnel's Case is affirmed by the House of Lords.
considerationpart-paymentdebtPinnels-Casepre-existing-dutyEnglish-law
Read case brief →Madras High Court1882
Indian Law Reports (1882) 4 Madras 137
Under Indian law (Section 2(d) ICA), consideration may proceed from the promisee or 'any other person'; a stranger to consideration (but not to the contract) can enforce the agreement.
considerationstranger-to-considerationSection-2dprivitythird-partyIndian-Contract-Act
Read case brief →House of Lords1880
(1880) 5 Appeal Cases 473
A company has implied power to do everything fairly incidental to or consequential upon its expressly stated objects; the doctrine of ultra vires should not be applied unreasonably to destroy the useful transactions of a company.
ultra-viresincidental-powersancillary-powersobjects-clauseimplied-powers
Read case brief →Allahabad High Court1880
(1880) Indian Law Reports 3 Allahabad 221
A promise made in consideration of an act done at the promisor's own desire, but not at the request of the promisee, does not constitute valid consideration.
considerationdesire-of-promisorpast-consideration
Read case brief →Queen's Bench Division1880
(1880) 5 Queen's Bench Division 109
A promoter occupies a fiduciary position towards the company and is accountable for any secret profit made
promoterfiduciary-positionsecret-profitaccountability
Read case brief →Court of Appeal (England)1879
(1879) 11 Chancery D 852
The reasonableness of an activity is assessed relative to its current effect on the specific neighbouring use; prior uncomplained-of duration does not create a permanent right to continue causing substantial interference.
private-nuisancecoming-to-the-nuisancereasonableness
Read case brief →Privy Council1879
(1879) 5 Appeal Cases 342
Equity requires the senior creditor with access to multiple funds to first exhaust the fund unavailable to the junior creditor (marshalling)
property-lawTPAmarshallingequityjunior-creditor
Read case brief →House of Lords1878
(1878) 3 Appeal Cases 459
Where a seller dealing at a distance intends to contract only with the person impersonated, there is no consensus with the rogue and the contract is void. No title passes to the rogue, so an honest purchaser from him acquires nothing.
sale-of-goodsnemo-datsection-27void-contractmistaken-identitybona-fide-purchaser
Read case brief →Court of Appeal1878
(1878) 8 Chancery Division 286
Where an agent authorised to appoint another to act for the principal does so, that person may stand in a direct fiduciary relationship with the principal and must account to him for any secret profit.
agencysubstituted-agentsection-194secret-profitfiduciary-dutydelegation
Read case brief →House of Lords1878
(1878) 3 Appeal Cases 1218
A promoter stands in fiduciary relation to the company and must disclose all material facts including personal profit to an independent board
promoterfiduciary-dutysecret-profitdisclosureindependent-board
Read case brief →House of Lords1878
(1878) 4 Appeal Cases 13
There is no implied warranty of soundness on a sale of goods, and mere non-disclosure of a known defect does not amount to fraud. A sale expressly with all faults places the risk of quality on the buyer.
sale-of-goodscaveat-emptorsection-16non-disclosurewith-all-faultsfraud
Read case brief →Court of Common Pleas Division (England)1877
(1877) 2 Common Pleas Division 151
Paying banker protected under S.85 when it pays an order cheque bearing what appears to be a genuine endorsement, even if forged
paying-bankerS85forged-endorsementprotectionpayment-in-due-course
Read case brief →Allahabad High Court1877
(1877) Indian Law Reports 1 Allahabad 75
A condition restraining a widow's remarriage attached to a property transfer is void as an absolute restraint on marriage
property-lawTPAsection-29marriage-restraintwidow
Read case brief →Court of Appeal (England)1876
(1876) 2 Chancery D 463
An offer may be revoked at any time before acceptance, even without formal communication, if the offeree learns through reliable means that the offeror has acted inconsistently with the offer.
revocation-of-offercommunication-of-revocationindirect-knowledge
Read case brief →Court of Appeal1876
(1876) 1 Exchequer D 88
The articles of association do not confer enforceable rights on outsiders or on members in a non-member capacity
articles-of-associationoutsider-rightsstatutory-contractsolicitor
Read case brief →Court of Appeal1876
(1876) 1 Queen's Bench Division 258
A contract for the sale of goods to be produced from a specified source is subject to an implied condition that the goods come into existence. Failure of the crop without the seller's fault excuses performance to that extent.
sale-of-goodscontingent-goodssection-6future-goodscrop-failureimplied-condition
Read case brief →Court of Appeal (England)1876
(1876) 2 Exchequer D 1
An act of God requires a genuinely extraordinary natural event, of a character no reasonable foresight could have anticipated or guarded against.
act-of-godvis-majorstrict-liabilitydefences
Read case brief →Court for Crown Cases Reserved1876
(1876) 2 Exchequer D 63
International law does not automatically form part of English domestic law; customary international law requires adoption or incorporation by Parliament or judicial decision before it is enforceable domestically.
PILincorporationtransformationterritorial-seadomestic-application
Read case brief →House of Lords1875
(1875) LR 7 House of Lords 653
An act beyond the objects clause of the memorandum is ultra vires the company, void ab initio, and incapable of ratification even by unanimous shareholders
ultra-viresmemorandumobjects-clausevoidratification
Read case brief →Court of Exchequer / House of Lords (England)1875
(1875) LR 10 Exchequer 153; (1876) 1 Appeal Cases 554
Valuable consideration consists either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
considerationdefinitionbenefit-detrimentvaluable-considerationEnglish-law
Read case brief →Court of Exchequer1874
(1874) LR 9 Exchequer 125
Where a statute is enacted for a specific purpose (preventing spread of disease), breach of that statute does not give a cause of action for a loss (sheep washed overboard) unrelated to the mischief the statute was designed to prevent.
mischief-rulestatutory-purposecausationcontagious-diseasessheep
Read case brief →Exchequer Chamber1874
(1874) LR 9 Exchequer 132
A person in an existing relationship such as a carrier, who is faced with a genuine emergency and cannot obtain the owner's instructions, may act as an agent of necessity and recover reasonable expenses incurred bona fide in the owner's interest.
agencyagency-of-necessitysection-189carrieremergencyreimbursement
Read case brief →House of Lords1873
(1873) LR 6 House of Lords 377
Only persons who subscribed DIRECTLY on the faith of the prospectus can sue for misstatement; subsequent market purchasers cannot.
prospectusmisstatementreliancesecondary-marketprivity
Read case brief →Court of Exchequer (England)1872
(1872) LR 7 Exchequer 111
Where a party repudiates a contingent contract before the contingency occurs, the innocent party may immediately treat the repudiation as an anticipatory breach and sue for damages without waiting for the contingency to happen.
anticipatory-breachcontingent-contractrepudiationbreach-of-promisemarriageSection-39
Read case brief →Court of Criminal Appeal1872
(1872) LR 1 CCR 367
Golden Rule applied to narrow "marry" to mean "going through a ceremony of marriage" rather than "contract a valid marriage," avoiding the absurdity of making bigamy impossible to commit.
golden-rulebigamynarrow-constructionabsurd-resultmarry
Read case brief →Privy Council1872
(1872) LR Supp Vol 209 (Privy Council)
Bona fide purchaser from benami holder acquires good title against real owner who consented to benami
property-lawostensible-ownerbenamisection-41bona-fide-purchaser
Read case brief →Privy Council1872
(1872) LR Supp Vol 47 (Privy Council)
Rule against perpetuity tests possibility at date of transfer; if interest MIGHT vest beyond permitted period, it is void ab initio
property-lawperpetuitysection-14possibility-testunborn
Read case brief →House of Lords (UK)1869
(1869) LR 4 House of Lords 171
Statutory authorisation for a general activity does not provide blanket immunity for every aspect of how that activity is conducted, particularly regarding matters within the defendant's genuine discretion.
statutory-authoritydefencesrailwayconditional-authority
Read case brief →Privy Council1868
(1868) 12 Moore's Indian Appeals 397
A custom to be valid and legally binding must be ancient, certain, reasonable, and not opposed to public policy or morality; the party asserting a custom bears the burden of proving each of these requirements.
customvalid-customsources-of-hindu-lawburden-of-proofancient-usage
Read case brief →House of Lords1868
(1868) LR 3 House of Lords 330
A person who brings on his land something likely to do mischief if it escapes is strictly liable for all damage caused by its escape, regardless of fault.
strict-liabilitynon-natural-useescapeabsolute-liabilityfoundational
Read case brief →Queen's Bench1868
(1868) LR 4 Queen's Bench 147
Literal Rule applied strictly. Impersonating a dead person to vote was not "personating any person entitled to vote" because a dead person is not "entitled to vote.
literal-ruleabsurd-resultvoting-frauddead-personstrict-construction
Read case brief →Privy Council1867
(1867) 8 Moore's Indian Appeals 529
The doctrine of bona vacantia applies in India. Property of a person who dies intestate without any heirs devolves upon the State as the ultimate owner, not by way of inheritance but by virtue of sovereignty. The State takes as sovereign, not as heir.
bona-vacantiaescheatstate-as-sovereignheirless-propertyultimate-ownership
Read case brief →Judicial Committee of the Privy Council1867
(1867) 11 Moore's Indian Appeals 551
A suit for restitution of conjugal rights lies in India under Muslim law, and a decree in such a suit is enforceable against the wife. The Privy Council also observed that Mohammedan law on the question of what constitutes legal cruelty between husband and wife would probably not differ materially from English law, which is the foundation of the rule that the standard of cruelty is religion neutral. Cruelty of such a character as to render it unsafe for the wife to return to her husband's dominion is a valid defence to such a suit.
muslim-lawrestitution-of-conjugal-rightscrueltyprivy-councilreligion-neutral-standardmixed-court-of-equity
Read case brief →Court of Appeal in Chancery1866
(1866) LR 2 Chancery App 77
Directors are agents of the company and stand in a fiduciary relationship to it; they must act within their authority and in the company's interest.
directorsagencyfiduciary-relationshipcompany-management
Read case brief →Court of Common Pleas (England)1866
(1866) LR 1 CP 274
An occupier owes a duty to an invitee to use reasonable care to prevent damage from unusual dangers which the occupier knows or ought to know about.
tort-lawoccupiers-liabilityinviteeduty-of-careunusual-danger
Read case brief →Court of Common Pleas1866
(1866) LR 2 Common Pleas 174
A principal must be in existence at the time of the act for ratification to be possible. Promoters who contract on behalf of a company not yet incorporated are personally liable, and the company cannot ratify the contract after incorporation.
agencypre-incorporation-contractratificationsection-230personal-liabilitypromoters
Read case brief →Court of Exchequer (England)1864
(1864) 2 H&C 906; 159 English Reports 375
Where a key term of the contract is ambiguous and the parties attach different meanings to it (mutual/bilateral mistake), there is no consensus ad idem and the contract is void.
mutual-mistakeambiguityconsensus-ad-idemPeerlesslatent-ambiguityvoid
Read case brief →Court of Queen's Bench (England)1863
(1863) 3 B&S 826; 122 English Reports 309
Where the performance of a contract depends on the continued existence of a specific thing, destruction of that thing without fault of either party discharges both parties from their obligations (doctrine of frustration).
frustrationimpossibilitydestruction-of-subject-matterdischargeimplied-conditionsupervening-event
Read case brief →Court of Common Pleas (England)1862
(1862) 11 CBNS 869; 142 English Reports 1037
Silence or inaction cannot constitute acceptance of an offer; an offeror cannot impose acceptance by stipulating that silence shall amount to consent.
silenceacceptancecommunication-of-acceptanceofferor-cannot-imposecontract-formation
Read case brief →Supreme Court of Calcutta1861
(1861) 5 Bombay High Court Reports Appendix 1
The East India Company had a dual character. No action lies against the Government for acts done in the exercise of sovereign powers, but the Government is liable for acts done in the conduct of undertakings which might be carried on by private persons without sovereign authority.
constitutional-lawstate-liabilitysovereign-immunityarticle-300vicarious-liabilitysovereign-and-non-sovereigndual-character
Read case brief →Court of Queen's Bench (England)1861
[1861] 1 B&S 393; 121 English Reports 762
Under English law, consideration must move from the promisee; a person who is a stranger to the consideration cannot sue on the contract even if it was made for their benefit.
privity-of-contractconsideration-must-move-from-promiseestranger-to-considerationEnglish-lawthird-party
Read case brief →House of Lords1860
(1860) 8 House of Lords Cases 268
Sharing of profits is not conclusive evidence of partnership; the true test is whether there is mutual agency between the parties
partnershipprofit-sharingmutual-agencydistinction-from-company
Read case brief →Court of Exchequer (England)1860
(1860) 5 H&N 679
Where harm results from the inevitable, inherent consequence of properly conducting a statutorily authorised activity, without additional negligence, the statutory authority provides a complete defence.
statutory-authoritydefencesrailwayabsolute-authority
Read case brief →Court of Appeal in Chancery (England)1857
(1857) 1 De G & J 566
Lis pendens operates on principle of public policy and necessity, not on notice
property-lawlis-pendenspublic-policysection-52notice
Read case brief →Exchequer Chamber1857
(1857) 8 El and Bl 647; 120 English Reports 241
A person who professes to contract as agent impliedly warrants that he has the authority he claims. Breach of that implied warranty makes him liable in damages to the other party even though he acted honestly and without fraud.
agencybreach-of-warranty-of-authoritysection-235strict-liabilitygood-faith
Read case brief →House of Lords1857
(1857) 6 House of Lords Cases 61
Origin of the Golden Rule. Lord Wensleydale's formulation: ordinary meaning prevails unless it leads to absurdity, repugnance, or inconsistency, in which case the grammatical meaning may be modified to avoid such result.
golden-ruleoriginlord-wensleydaleabsurdityrepugnancemodification
Read case brief →Court of Exchequer (England)1856
(1856) 11 Exchequer 781
Negligence is the omission to do something a reasonable person would do, or doing something a prudent, reasonable person would not do.
negligencereasonable-personstandard-of-care
Read case brief →Court of Exchequer Chamber1856
(1856) 6 E&B 327; 119 English Reports 886
Persons dealing with a company are entitled to presume that its internal regulations have been duly observed (Doctrine of Indoor Management)
indoor-managementconstructive-noticeturquand-rulethird-party-protection
Read case brief →Court of Exchequer (England)1854
(1854) 9 Exch 341; 156 English Reports 145
Damages for breach of contract are limited to those: (1) arising naturally from the breach in the usual course of things (first limb), or (2) those which were in the reasonable contemplation of both parties at the time of contracting as the probable result of breach (second limb, special damages requiring notice).
damagesremotenesscontemplationtwo-limbsconsequential-lossforeseeabilitySection-73
Read case brief →Court of Chancery (Rolls Court)1853
(1853) 18 Beavan 75; 52 English Reports 29
A partner who sells his own goods to the firm at a profit without disclosing that he is the seller must account to the firm for that profit. A partner cannot make a secret gain out of a dealing with his own firm.
partnershipsection-16secret-profitduty-to-accountself-dealinggood-faith
Read case brief →Court of Queen's Bench (England)1853
(1853) 2 El & Bl 678; 118 English Reports 922
Where a party to an executory contract repudiates it before the date of performance, the innocent party may sue immediately for anticipatory breach without waiting for the date of performance to arrive.
anticipatory-breachrepudiationexecutory-contractimmediate-actionSection-39
Read case brief →House of Lords1848
(1848) 2 House of Lords Cases 28
Money deposited with a banker becomes the banker's property; the relationship is debtor-creditor, not trustee-beneficiary
debtor-creditorbanker-customerdepositsownershipfoundational
Read case brief →Court of Common Pleas1848
(1848) 5 Common Bench 895; 136 English Reports 1132
An agency is coupled with an interest only where the authority was conferred for the purpose of securing that interest. An interest acquired after the authority was given does not make the authority irrevocable.
agencyterminationrevocationsection-202agency-coupled-with-interestfactors
Read case brief →Court of Chancery (England)1848
(1848) 2 Ph 774
Restrictive covenant binds subsequent purchaser with notice, even without privity of contract
property-lawcovenantrestrictivenoticeequitysection-40
Read case brief →Queen's Bench (England)1845
(1845) 7 Queen's Bench 742
False imprisonment requires total restraint within a bounded area; a partial obstruction leaving a genuine alternative means of movement does not satisfy this requirement.
false-imprisonmenttotal-restraintpersonal-liberty
Read case brief →House of Lords1844
(1844) 5 St Tr (NS) 1
An advocate is duty-bound to present the client's case fearlessly regardless of personal opinion about guilt; the cab-rank rule principle.
professional-ethicscab-rank-ruleduty-to-courtfearless-advocacy
Read case brief →House of Lords1844
(1844) 11 Cl & Fin 85; 8 English Reports 1034
Literal Rule: clear and unambiguous words must be given their plain grammatical meaning regardless of consequences.
literal-ruleplain-meaningroyal-marriages-actclear-words
Read case brief →Court of Chancery1843
(1843) 2 Hare 461
The proper plaintiff for wrongs done to a company is the company itself (acting through its majority); individual members cannot sue for corporate wrongs
majority-ruleproper-plaintiffcorporate-wrongsminority-rightsfoundational
Read case brief →Court of Exchequer (England)1841
(1841) 8 M&W 540
Conversion requires a genuine denial of, or serious exclusion from, the owner's rights; mere interference with one specific mode of dealing, leaving underlying ownership and recovery intact, does not suffice.
conversiontrespass-to-goodsmovable-property
Read case brief →Court of Chancery (Rolls Court)1840
(1840) 3 Beav 334; 49 English Reports 132
A counter-offer terminates (destroys) the original offer; the original offer cannot thereafter be accepted.
counter-offeroriginal-offertermination-of-offeracceptancemirror-image-rule
Read case brief →Court of Crown Cases (England)1840
(1840) 9 C&P 483
Creating a reasonable apprehension of imminent harm through pointing a loaded firearm at another constitutes assault, even without the threatened force actually being carried out.
assaultapprehensionimminence
Read case brief →Court of Queen's Bench1840
(1840) 11 Ad and El 589; 113 English Reports 539
Termination of an agent's authority does not take effect against third persons until it becomes known to them. A principal remains bound to those who continue to deal with the former agent in ignorance of the revocation.
agencyterminationrevocationsection-208notice-to-third-partiesapparent-authority
Read case brief →Court of Exchequer (England)1837
(1837) 6 Ad & El 469
Where a person by words or conduct wilfully causes another to believe in a certain state of things and induces him to act on that belief to alter his position, the former is estopped from denying that state of things.
evidence-lawestoppelestoppel-by-conductenglish-law
Read case brief →Court of Exchequer1836
(1836) 2 M & W 195
The preamble of a statute is a key to open the mind of the Legislature and the mischiefs it intended to redress. Where the enacting words are ambiguous, the preamble may be used to ascertain the purpose and scope of the Act.
preambleinternal-aidslegislative-intentambiguitymischief
Read case brief →Court of Common Pleas (England)1831
(1831) 8 Bing 14; 131 English Reports 305
Where one party has partially performed a contract which is then wrongfully terminated by the other party, the performer may claim quantum meruit for the work done, abandoning the contractual rate and claiming reasonable value instead.
quantum-meruitpartial-performancewrongful-terminationbreachreasonable-remuneration
Read case brief →King's Bench (England)1830
(1830) 1 B & Ad 415
Wrongful dishonour of a trader's cheque carries presumption of substantial damages without proof of actual loss
wrongful-dishonourdamagestraderpaying-bankerpresumption
Read case brief →Court of Common Pleas (England)1828
(1828) 4 Bing 628
A plaintiff's own wrongful conduct (trespass) does not automatically excuse a defendant's independently excessive, disproportionate response, such as a concealed spring gun without warning.
plaintiff-the-wrongdoertrespassexcessive-responsespring-gun
Read case brief →Court of Common Pleas1827
(1827) 4 Bing 66; 130 English Reports 693
A person who acts at the request of another in a transaction which turns out to be wrongful, in good faith and without knowledge of the wrong, is entitled to be indemnified by the person who requested the act.
indemnityagencyimplied-indemnitysection-222section-223good-faith
Read case brief →Court of King's Bench1825
(1825) 4 Barnewall and Cresswell 941; 107 English Reports 1309
The passing of property does not carry with it a right to immediate possession. Where the price is unpaid and no credit has been given, the seller may retain the goods until payment or tender, and the buyer cannot sue for them though he is the owner.
sale-of-goodssection-46section-47unpaid-sellerlienpossessionpassing-of-property
Read case brief →Court of King's Bench (England)1818
(1818) 1 B & Ald 681
A contract is complete the moment a letter of acceptance is posted, not when it is received (the postal rule).
postal-rulecommunication-of-acceptanceoffer-and-acceptance
Read case brief →Court of King's Bench (England)1809
(1809) 11 East 60
Contributory negligence by the plaintiff operated as a complete bar to recovery, regardless of the relative degree of fault.
contributory-negligenceall-or-nothing-rulehistorical
Read case brief →Court of Chancery (England)1803
(1803) 8 Ves 382
Marshalling: where senior creditor has two funds and junior creditor has one, senior must be directed to the fund junior cannot reach
property-lawmarshallingequitytwo-fundssection-81
Read case brief →Court of King's Bench (England)1795
(1795) 6 TR 320; 101 English Reports 573
Where a contract is entire (indivisible), no payment is due for partial performance unless the entire obligation has been completed.
entire-contractquantum-meruitsubstantial-performancedischarge-by-performance
Read case brief →Court of Common Pleas (England)1765
(1765) 19 St Tr 1029
Even state officials require positive legal authority to justify entering private property; unauthorised entry, regardless of claimed governmental purpose, constitutes trespass absent genuine lawful justification.
trespass-to-landexecutive-powerconstitutional-limits
Read case brief →Court of King's Bench1764
(1764) 3 Burr 1478
Customary international law is part of the common law of England and is directly enforceable in domestic courts without the need for specific legislation (incorporation doctrine/Blackstone's doctrine).
PILincorporationBlackstonediplomatic-immunitycommon-law
Read case brief →Court of King's Bench (UK)1760
(1760) 2 Burr 1005
Quasi-contractual obligation arises to prevent unjust enrichment; the law implies a promise to return money received without consideration or unjustly.
quasi-contractunjust-enrichmentobligationimplied-promise
Read case brief →Court of Chancery (England)1756
(1756) Amb 330
Depositors are unsecured creditors in bank liquidation; they rank pari passu with other unsecured creditors
banker-customerdebtor-creditorinsolvencydepositor-statuspari-passu
Read case brief →Court of Chancery1742
(1742) 2 Atk 400
Directors are in the nature of trustees for the company; they are liable for breach of trust if they misapply or negligently handle corporate property
directorstrusteesfiduciary-dutybreach-of-trusthistorical
Read case brief →Court of King's Bench (England)1722
(1722) 1 Str 505
A finder or lawful temporary possessor holds a superior possessory right against all but the true owner, and wrongful refusal to return or account for goods held is actionable.
conversionfinder-rightspossessiondetinue
Read case brief →Court of King's Bench1704
(1704) 1 Salk 27; 91 English Reports 27
A guarantee is collateral: the third party remains liable and the promisor's liability is secondary. Where the promisor assumes primary liability so that the third party is not liable at all, the promise is an original undertaking and not a guarantee.
guaranteeindemnitysection-126collateral-promiseoriginal-promise
Read case brief →Court of Common Pleas (England)1704
(1704) 6 Mod Rep 149
The least touching of another, without lawful justification or consent, constitutes battery, regardless of the degree of force or presence of actual injury.
batterybodily-integrityunwanted-contact
Read case brief →House of Lords (UK)1703
(1703) 2 Ld Raym 938
Ubi jus ibi remedium: where there is a right, there must be a remedy for its violation, even without proof of actual pecuniary damage.
ubi-jus-ibi-remediumright-and-remedyequitynatural-justiceinjuria-sine-damno
Read case brief →Court of King's Bench1612
(1612) 10 Co Rep 1a; 77 English Reports 960
A corporation is an invisible, immortal, and artificial person created by charter, possessing legal personality distinct from its members
corporate-personalitycharterincorporationhistorical
Read case brief →Court of Common Pleas (England)1602
(1602) 5 Co Rep 117a; 77 English Reports 237
Payment of a lesser sum on the day it is due cannot be satisfaction for a greater sum; but payment of a lesser sum before the day, or at a different place, or with a chattel (horse, hawk, robe) may discharge the whole.
part-paymentconsiderationdebtaccord-and-satisfactionEnglish-lawhistorical
Read case brief →Court of Exchequer (England)1584
(1584) 76 English Reports 637
The Mischief Rule requires courts to consider what defect the statute was enacted to remedy, and interpret the statute to suppress that mischief and advance the remedy
mischief-rulepurposive-interpretationfour-questionsstatutory-interpretation
Read case brief →Court of Common Pleas (England)1410
(1410) YB 11 Hen IV, f. 47, pl. 21
Damage resulting from lawful competition, absent violation of any legal right, is damnum sine injuria and not actionable.
damnum-sine-injuriacompetitionelements-of-tort
Read case brief →Supreme Court of India0
Standard CPC authority
Pleadings must contain facts, not law. The court draws legal inferences from pleaded facts. Parties plead material facts; the court applies the law.
CPCpleadingsmaterial-factsfacts-not-laworder-VIcourt-applies-law
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