3 Important Supreme Court Judgments July 3, 2019

1. Sopanrao v. Syed Mehmood

The Limitation Act, 1963 - Article 65 - Suit for Possession - Merely because one of the reliefs sought is of declaration that will not mean that the outer limitation of 12 years is lost.

Case Number : C.A. No. 4478 of 2007 03-07-2019

Respondent's Advocate : Shakil Ahmed Syed

Bench : Hon'ble Mr. Justice N.V. Ramana, Hon'ble Mr. Justice Deepak Gupta, Hon'ble Ms. Indira Banerjee

Judgment By : Hon'ble Mr. Justice Deepak Gupta

2. Amit Kumar Roy v. Union of India

Army Law - Air Force - A person who has been enrolled as a member of the Air Force does not have an unqualified right to depart from service at his or her will during the term of engagement.

The Air Force Act, 1950 - Sections 13, 14 and 15 - Procedure before enrolling officer - Mode of Enrolment - Validity of Enrolment.

In the present case, the appellant in breach of the provisions contained in AFO 14/2008 applied for the post of a Probationary Officer with the Bank of India, participated in the written test and appeared at the interview without intimation or approval. There was, therefore, a failure of the appellant to comply with his obligations both in terms of his engagement as an enrolled member of the force and in relation to the requirements which were to be fulfilled under the terms of AFO 14/2008.

Case Number : C.A. No. 4606 of 2019 03-07-2019

Petitioner's Advocate : Pooja Dhar

Bench : Hon'ble Dr. Justice D.Y. Chandrachud, Hon'ble Mr. Justice Hemant Gupta

Judgment By : Hon'ble Dr. Justice D.Y. Chandrachud

3. State of Meghalaya v. All Dimasa Students Union Hasao District Committee

Environmental Law - Natural resources of the country are not meant to be consumed only by the present generation of men or women of the region where natural resources are deposited. These treasures of nature are for all generations to come and for intelligent use of the entire country. The present generation owes a duty to preserve and conserve the natural resources of the nation so that it may be used in the best interest of coming generations as well and for the country as a whole.

Case Number : C.A. No. 10720 of 2018 03-07-2019

Petitioner's Advocate : Avijit Mani Tripathi

Bench : Hon'ble Mr. Justice Ashok Bhushan, Hon'ble Mr. Justice K.M. Joseph

Judgment By : Hon'ble Mr. Justice Ashok Bhushan

Presumptions are the Bats of the Law, Flitting in the Twilight, but Disappearing in the Sunshine of Actual Facts [ORDER]

Negotiable Instruments Act, 1881 - Section 138 - failure on the part of the complainant to produce his account statement and absence of entry in accounts maintained by him regarding loan advanced to the accused, does show that there was no material to support the basic facts on which the entire case of the complainant was based. Sufficient material was available on record whereby the defence of the accused became probable. In such a situation, the presumption under the provisions of the Act ceased to operate and the burden fell upon the complainant to prove his case, which he failed to do by placing on record cogent evidence.

FIRST LAW

Search This Blog