Supreme Court Judgments and Case Law - The sources reference multiple Supreme Court decisions that form the legal basis for various rulings. Notably, in S.M. Asif vs. (No. 27839/2017), the Court disposed of an appeal, emphasizing adherence to previous judgments. The Court also relied on cases like Padala Veera Reddy and Sharad Birdhichand Sarda (2017 Crl. LJ. 988), which discuss circumstantial evidence and criminal law principles, particularly relating to homicide and evidence evaluation Usha Rastogi VS Nisha Rastogi - Delhi, Dalu Meghwal VS State Of Rajasthan - Rajasthan.
Public Policy and Land Acquisition - The Supreme Court's expanded definition of public policy is discussed, citing Union of India (2011) SCC 758 and O.N.G.C. judgments, emphasizing the importance of land acquisition and compensation awards, as in the case involving highway NS-24 Kaushal Kishore Mishra VS State of U. P. - Allahabad.
Scope of Judicial Authority and Remedies - Several judgments, such as P. Vijayan (2010) SCC 398 and Dilawar Balu Kurane (2002 SCC 135), clarify the scope of Section 227 of Cr.P.C. and the constitutional powers of courts, asserting that alternative remedies do not restrict the High Court or Supreme Court's jurisdiction Arjun Milind Vernekar VS State - Bombay, Rcm Infrastructure Ltd. VS Union of India - Meghalaya.
Land and Property Disputes - Citing cases like Maharwal Khewquaji Trust and other land holdings, the Court examined specific land measurements and possession issues, illustrating the importance of detailed land records and specific holdings in property disputes Ramanand VS Dharampal - Punjab and Haryana.
Analysis and Conclusion:
The references collectively highlight the Supreme Court's role in upholding legal principles across criminal law, land acquisition, public policy, and judicial authority. Key insights include the importance of adhering to precedent, the broad interpretation of public policy in land cases, and the Court's constitutional powers to hear cases beyond alternative remedies. These judgments serve as guiding principles for courts and litigants in related legal matters.
(i) Learned counsel for the appellant/defendant sought to place reliance upon the judgment of the Supreme Court in the case of S.M. Asif vs. ... No. 27839/2017 (stay) ... 2. ... No. 27840/2017 (exemption) ... 1. Exemption allowed subject to just exceptions. ... C.M. stands disposed of. ... RSA No. 199/2017 and C.M. ... This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the concurrent judgments of the courts below; trial court dated 17.4.....
The court relied on several Supreme Court judgments to support its findings. ... Hon''ble Supreme Court in the case of '' Padala Veera Reddy vs. ... The Hon''ble Supreme Court in the case of Sharad Birdhichand Sarda vs. ... State of Maharashtra reported in 2017 Crl. ... L.J. 988 , it has been held by Hon''ble Supreme Court in head-note (I) Penal Code (45 of 1860), Sections 300, 364, 120-B-Kidnapping, murder and conspiracy - Circumstantial evidence - Medical evidence proving strangulation and thus, homic....
It would be relevant here to consider the definition of public policy as has been expanded in the recent judgements of Hon'ble Supreme Court. ... Union of India And Another; (2011) 5 SCC 758, the Supreme Court has again adhered to the definition of public policy as defined in the case of O.N.G.C. (Supra). ... 16. ... Brief facts giving rise to the present appeal is that national highway NS-24 was under construction and the land gata No. 471 area 0.144 Hectare belonging to the appellant was acquired and compensation was awarded according t....
The learned Counsel for the respondent has pressed into service a authority of the Hon'ble Supreme Court in the case of P. Vijayan v. State of Kerala and another (2010)2 Supreme Court Cases 398. The Hon'ble Supreme Court discussed the scope of Section 227 of Cr.P.C. ... Similar is the ratio laid down by the Hon'ble Supreme Court in the case of Dilawar Balu Kurane v. State of Maharashtra, 2002(2) SCC 135. ... 14.
State of West Bengal, 2009 (2) SCC 703: (2009) 1 Supreme 647.; Popular Muthiah Vs. State, 2006 (7) SCC 296: (2006) 3 Crimes 23 : (2006) 5 Supreme 210. and in Ajay Singh and another Vs. ... Secondly, other than the declaration of law, whatever is stated in the order are the findings recorded by the Supreme Court which would bind the parties thereto and also the court, tribunal or authority in any proceedings subsequent thereto by way of judicial discipline, the Supreme Court being the Apex ... But, this does not amount ....
The Hon'ble Supreme Court, inter alia, observed as under: "7. ... There cannot be any quarrel with the principles of law enunciated by the Hon'ble Supreme Court in the decisions referred by the learned counsel for the petitioner. ... Chakraborty would clearly indicate that the constitutional powers vested in the High Court or the Supreme Court cannot be fettered by any alternative remedy available to the authorities. ... Ltd., (Supra), the Hon'ble Supreme Court reiterated the principles that alternative remedy was not th....
... Citing the judgment of the hon’ble Supreme Court in Maharwal Khewquaji Trust (Regd.), Faridkot v. ... dated 08.04.1983 and 27.05.1988, after which all the parties came into possession of their specific holdings, wherein the contesting defendants received a specific ‘mustatil’ and killa No.19//18, measuring 5 kanal 9 marlas and killa no.19//23 measuring 3 kanal 11 marlas land, thus totaling 9 kanals 0
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