Wednesday, 29 August 2018

Landmark judgments of Supreme Court

1)Whether transfer of property made in violation of injunction order is valid?
 Although the above decisions do not deal with a fact situation where the sale deed is executed in breach of an injunction issued by a competent Court, we do not see any reason why the breach of any such injunction should render the transfer whether by way of an absolute sale or otherwise ineffective. The party committing the breach may doubtless incur the liability to be punished for the breach committed by it but the sale by itself may remain valid as between the parties to the transaction subject only to any directions which the competent Court may issue in the suit against the vendor.

Supreme Court of India
Thomson Press (India) Ltd. vs Nanak Builders & Investrs.P.Ltd & ... on 21 February, 2013
Citation;(2013) 5 SCC397

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2)Whether party can be permitted to alienate property during pendency of suit?
Mr. Sachhar is right in contending that unless and untill a case of irreparable loss or damage is made out by a party to the suit, the court should not permit the nature of the property being changed which also includes alienation or transfer of the property which may lead to loss or damage being caused to the party who may ultimately succeed and may further lead to multiplicity of proceedings. In the instant case no such case of irreparable loss is made out except contending that the legal proceedings are likely to take a long time, therefore, the respondent should be permitted to put the scheduled property to better use. We do not think in the facts and circumstances of this case, the lower appellate court and the High Court were justified in permitting the respondent to change the nature of property by putting up construction as also by permitting the alienation of the property, 
Supreme Court of India
Maharwal Khewaji Trust (Regd.), ... vs Baldev Dass on 15 October, 2004

Bench: N Santosh Hegde, S.B. Sinha
CASE NO.: Appeal (civil) 6792 of 2004 Citation:2005(4) BomCR 408
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3)Landmark judgment of Supreme Court on the point of right to hearing to accused prior to order of issue process by Magistrate

Criminal Procedure Code, 1973 - Sec. 202 - In the proceedings under the section, the accused/suspect is not entitled to be heard on the question whether the process should be issued against him or not - Upto the stage of issuance of process, the accused cannot claim any right of hearing.

Supreme Court of India
Manharibhai Muljibhai Kakadia & ... vs Shaileshbhai Mohanbhai Patel & ... on 1 October, 2012

Bench: R.M. Lodha, Chandramauli Kr. Prasad, Sudhansu Jyoti Mukhopadhaya 
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