IMPORTANT SUPREME COURT JUDGMENTS - 2017

IMPORTANT SUPREME COURT JUDGMENTS - 2017

1. Wherever High Court finds that in a given case protection against pre-arrest is not given, and no case is made out for arrest pending trial - High Court would be free to grant relief in nature of anticipatory bail in exercise of its power under Article 226 of Constitution. 2017 (1) TVT 1 (SC).     

  2. Tenancy is a creation of Contract between two persons who are capable to enter into contract  called lessor/landlord and lessee/tenant- Two persons can be either living person or juristic persons such as Partnership firm or a Company. 2017 (1) TVT 19(SC)    

3. Separate Statement of each accused recorded under Section 313,on different dates is substantial compliance of Section 313,Cr.Pc. 2017 (1)TVT 68(SC)   

4. Even with the aid of the presumption under Section 114 of the Evidence Act, the charge of murder cannot be brought home unless there is some evidence to show that the robbery and the murder occurred at the same time. 2017 (1) TVT 91(SC)     

5.  Woman's right to make reproductive choices is also a dimension of personal liberty. 2017 (1) TVT 116 (SC)

6. In civil proceedings, Plaintiff is dominus litis but if more than one Court has jurisdiction, Court my determine which is convenient forum subject to which jurisdiction may be availed. 2017 (1) TVT 467(SC)  

7. Suit for eviction of tenant can be maintained by one of co-owners. 2017 (2) TVT 515(SC)                

8. TIP does not constitute substantive evidence. 2017 (1)TVT 598(SC)                                     

9. If rape is committed by even one, all accused are guilty,  irrespective of the fact that only one or more than one has actually committed the act. 2017 (2) TVT 740(SC)                                        

10. Under Section 138 of N.I.Act compensation is recoverable despite default sentence undergone. 2017 (2) TVT 1(SC)   

  11. Court cannot permit prosecution to go on in case one of the categories as illustratively enumerated by Supreme Court in State of Haryana Vs. Bhawan Lal. 2017 (2)TVT 13(SC)                                      

12. Holding Company can utilize experience of its subsidiary companies to qualify in Bid. 2017 (2) TVT 30(SC)                          

13. Involvement of civil society in aid of administration of Justice can be one of steps, apart from investigating officers and trial Courts being sensitized in cases under Section 498A IPC. 2017 (2) TVT 49(SC)      

14. Insurance companies will not insure a vehicle unless it has a valid Pollution Under Control Certificate on date of renewal of insurance policy. 2017 (2)TVT 128(SC)                                   

15. Several aspects bearing upon public interest required to be borne in mind before renewal of leases. 2017 (2) TVT 167(SC)                      

16. It is an erroneous assumption that without following procedure of Section 306Cr.Pc accomplice could not be cited as witness. 2017 (2)TVT 191(SC)                      

17. Scheme of prosecution in punishing under Section 138 of NI Act different from scheme of Cr.Pc. 2017 (2)TVT 247(SC)                          

18. POCSO Act protected  minors by prescribing  statutory age which has nexus with legal eligibility to give consent. 2017 (2)TVT 292(SC)