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Legal Case 2016 SCC 721 - Summary
- Main Points and Insights:
- The case involves the Supreme Court's decision concerning procedural and substantive legal issues, including the exercise of judicial discretion, limitations, and procedural delays. The Court emphasized that delays in filing appeals or applications are generally not condonable unless exceptional circumstances are proved (e.g., Final Decision: application for condonation of delay was dismissed) State Of Haryana VS Mukesh - Punjab and Haryana.
- The Court reaffirmed that the law of limitation does not apply to decrees and judgments once they are finalized and recorded permanently, aligning with previous judgments that treat decrees as permanent court records Velumani VS District Registrar, District Registrars Office - Current Civil Cases, Anitha W/o. Rajeshkannan VS Inspector of Registration, Office of the Inspector of Registration - Madras.
- Discretionary powers in criminal proceedings, such as cross-examination and setting aside orders, are to be exercised judiciously, following established guidelines by the Supreme Court. Improper exercise of discretion can lead to quashing of orders (e.g., Criminal Writ Petition allowed, impugned order quashed) Pradip Kundlikrao Kute VS State of Maharashtra, Through Police Station Officer - Bombay.
- The Court also addressed issues related to contractual obligations and statutory provisions, emphasizing that contractual clauses and statutory rights must be interpreted in line with Supreme Court rulings, especially regarding interest payments and contractual exemptions RELIANCE CELLULOSE PRODUCTS LTD. VS OIL AND NATURAL GAS CORPORATION LTD - Supreme Court.
- In cases involving service disputes, the Court has directed that orders of compulsory retirement or disciplinary actions should be scrutinized, especially when there are no allegations of misconduct, and has set aside such orders when they are found to be unjustified Brij Mohan Gupta VS State of J & K - Jammu and Kashmir.
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The Court highlighted that the statutory period for presenting certain legal documents does not apply to decrees, which are considered permanent records, thus facilitating their registration and enforcement Velumani VS District Registrar, District Registrars Office - Current Civil Cases.
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Analysis and Conclusion:
- The Supreme Court in 2016 reaffirmed principles of procedural law, emphasizing the importance of timely filings and the non-applicability of limitation to final decrees, ensuring the finality of court records.
- The Court's decisions underscore the necessity for judicial discretion to be exercised within established guidelines, preventing arbitrary rulings.
- The judgments reflect a consistent approach to protecting individual rights, whether in contractual, criminal, or service-related matters, by scrutinizing the legality and fairness of administrative and judicial orders.
- Overall, the case consolidates key legal principles related to limitation, discretion, and the finality of decrees, aligning with prior Supreme Court jurisprudence.
References: - Final Decision on condonation and leave to appeal: State Of Haryana VS Mukesh - Punjab and Haryana - Limitation and decree registration principles: Velumani VS District Registrar, District Registrars Office - Current Civil Cases, Anitha W/o. Rajeshkannan VS Inspector of Registration, Office of the Inspector of Registration - Madras - Discretion in criminal proceedings: Pradip Kundlikrao Kute VS State of Maharashtra, Through Police Station Officer - Bombay - Service and retirement orders: Brij Mohan Gupta VS State of J & K - Jammu and Kashmir - Contractual and statutory interpretations: RELIANCE CELLULOSE PRODUCTS LTD. VS OIL AND NATURAL GAS CORPORATION LTD - Supreme Court
Search Results for "Legal Case 2016 Scc 721 Supreme Court Decision"
2020 0 Supreme(P&H) 1801 • India - Punjab and Haryana
DAYA CHAUDHARY, MEENAKSHI I.MEHTA
Final Decision: The court dismissed the application for condonation of delay and the application for leave to appeal, upholding ... State of Kerala & Anr. 2016 SCC OnLine SC 834 - Murugesan and others Vs. ... Harihar, 2016 SCC Online Del 2354 - Section 378 Cr.P.C - Munishamappa and others Vs. ... Hon'ble Apex Court in a case reported as 2016 SCC OnLine SC 834 Madathil Narayanan & Ors. V. ... This legal#H....
2016 0 Supreme(Jhk) 792 • India - Jharkhand
SHREE CHANDRASHEKHAR
statement beyond the statutory period, as established in previous Supreme Court judgments. ... Final Decision: The writ petition was allowed, and the impugned orders were set aside. ... Ratio Decidendi: The court's decision was based on the discretionary nature of Order 8 Rule 1 CPC and the need to serve the ... Kanchan Devi (Smt.)", (2005) 6 SCC 705, the Hon'ble Supreme Court held that the statutory provision under Order 8, Rule 1 CPC does not create a bar upon the....
2022 0 Supreme(Bom) 961 • India - Bombay
SHRIKANT D.KULKARNI
Discretionary Powers - Cross-examination - Cr.PC - Section 231(2) - AIR 2019 SC 721 - 2017 SCC Online Kar 4805 - 2016 SCC Online ... Final Decision: The Criminal Writ Petition was allowed, and the impugned order was quashed and set aside. ... The court also noted that the judge did not properly exercise discretion as per the guidelines laid down by the Hon'ble Supreme Court ... By State Public Prosecutor, High court of Karnataka, ....
• India - Consumer
D.K.JAIN, M.SHREESHA
the loss of insured goods for a sum of Rs.1.00 Crore and the policy is valid between the period 23.08.2004 and 22.08.2005—In this case ... Sony Cheriyan, (1999) 6 SCC 451: 1999 (7) Supreme 195. and United India Insurance Co. Ltd. Vs. Orient Treasures Pvt. Ltd., (2016) 3 SCC 49: 2016 (4) Supreme 29. ... The said decision is on all fours to the facts at hand. ... In that case, the decision of the Insurance Company ....
• India - Current Civil Cases
M. DHANDAPANI
Section 3 – Registration of certified copy of Decree and Judgment – Period of limitation – Law of limitation will not apply when a court ... presented for registration – Limitation prescribed for presenting a document does not apply to a decree as it is a permanent record of court ... This Court took note of the decision of the Karnataka High Court in the case of Anjinamma Vs. Puttahariyappa [reported in AIR 2003 Karnataka 24]. 18. The Hon’ble Supreme Cour....
2018 7 Supreme 104 • India - Supreme Court
ROHINTON FALI NARIMAN, INDU MALHOTRA
; (2012) 12 SCC 10; (2016) 6 SCC 36 – Relied upon ... ... Instantly clause 16 of the General Conditions of Contract absolving ONGC from payment of interest only in case ... Ambica Construction, (2016) 6 SCC 36 : (2016) 3 SCC (Civ) 36], wherein, having examined the legal position declared by this Court by a Constitution Bench in Irrigation Deptt., State of Orissa v. G.C. ... Ambica Construction ("First Ambica Const....
2023 Supreme(Online)(Mad) 95969 • India - Madras High Court
The court relied on the ruling of the Hon'ble Supreme Court in (2010) 3 SCC 757 [Jabar Singh -vs- Dinesh and another] wherein it ... Final Decision: The court partly allowed the appeal and modified the sentence of imprisonment of one year and fine of Rs.6,000 ... Fact of the Case: The appellant was convicted by the trial court for the offence of rape under Section 376 of the Indian ... 4.The learned Counsel for the Appellant also placed reliance....
2016 0 Supreme(Del) 4466 • India - Delhi
I.S.MEHTA
Final Decision: The court modified the sentences, directing the revisionists to undergo simple imprisonment for one year and ... The court analyzed the issuance of cheques, dishonor of cheques, legal notices, and the concurrent running of sentences for substantive ... Ratio Decidendi: The court applied Section 219 of the Code of Criminal Procedure and relevant case laws to determine that ... However, according to the learned senior counsel, the Hon’ble Supreme #HL_S....
2016 0 Supreme(J&K) 539 • India - Jammu and Kashmir
N.PAUL VASANTHAKUMAR, DHIRAJ SINGH THAKUR
Ratio Decidendi: The court relied on the judgment of the Supreme Court, which advised against using the expression 'compulsory ... Final Decision: The court partly allowed the writ petition, set aside the orders of compulsory retirement, and directed the ... of the Supreme Court, as there were no allegations of corruption or misbehavior against the petitioner, and his service was unblemished ... In the decision cited above reported in 2001 (2) #HL_....
2021 0 Supreme(Mad) 2880 • India - Madras
S.S.SUNDAR
herein to register the final decree and judgment passed in I.A. in O.S. on receipt of penalty and registration charges - Held, Court ... registration charges - whether Law of Limitation as prescribed under Section 23 of the Limitation Act would apply to decree of Civil-Court ... limitation - The limitation prescribed for presenting a document does not apply to a decree, as it is a permanent record of the court ... This Court took note of the decision of the Karnataka High Court in the ....
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