2 Important Supreme Court Judgments Pronounced Today [Tuesday, July 16, 2019]

1. Badru (Since Deceased) Through Lrs. Hari Ram v. NTPC Limited (formerly National Thermal Power Corporation Limited)

The Land Acquisition Act, 1894 - The Code of Civil Procedure, 1908 - Order 41 Rule 22 - Rejection of cross objection without any discussion and reason cannot be countenanced.

Case Number : C.A. No. 5557 - 5559 of 2019 16-07-2019

Petitioner's Advocate : Radhika Gautam

Bench : Hon'ble Mr. Justice Abhay Manohar Sapre, Hon'ble Ms. Justice Indu Malhotra

Judgment By : Hon'ble Mr. Justice Abhay Manohar Sapre

2. State of M.P. v. Dungaji (d) By Lrs.

The Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 - As per Section 46 of the Act 1960 there shall be a complete bar against maintainability of the suit challenging the decision of the Competent Authority.

Case Number : C.A. No. 11326 of 2011 16-07-2019

Petitioner's Advocate : Harsh Parashar

Bench : Hon'ble Mr. Justice Arun Mishra, Hon'ble Mr. Justice S. Abdul Nazeer, Hon'ble Mr. Justice M.R. Shah

Judgment By : Hon'ble Mr. Justice M.R. Shah

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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.

500+ Supreme Court of India Judgments on Motor Vehicles Act, 1988 with Head Notes & Citations

1. Mallamma (dead) By Lrs. Vs. National Insurance Co. Ltd. [07-04-2014]

Anticipatory Bail in Attempt to Murder Cases (Section 307 IPC) : What is Important to Note [Case Law]

Code of Criminal Procedure, 1973 - Section 438 - Grant of Anticipatory Bail - While considering the application under Section 438, the Court has to see the nature and gravity of the accusation and the antecedents of the applicant which includes whether he has been previously undergone imprisonment on conviction in respect of any cognizable offence, the possibility of the applicant fleeing from justice and whether the accusation has been made with an object of injuring or humiliating the applicant by having him so arrested. [Para 12]

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