Weekly Overview| Supreme Court Judgments: June 13 – June 17, 2022
1. In Case Of Long Cohabitation Between Man And Woman Presumption Has To Be In Favour Of Wedlock – The Supreme Court held that it is well settled that if a man and a woman live together for long years as husband and wife, there would be a presumption in favor of wedlock. Such a presumption could be drawn under Section 114 of the Evidence Act. Although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin to prove that no marriage took place.
The Court in this case, also held that Trial Courts should sup moto initiate final decree proceedings after passing a preliminary decree.
Cause Title- Kattukandi Edathil Krishnan & Anr. V. Kattukandi Edathil Valsan & Ors.
Date of Judgment – June 13, 2022
Coram – Justice S. Abdul Nazeer & Justice Vikram Nath
2nd Report:- Read further...
2. First Appellate Court Shall Rely Upon Evidence Those Relied Upon Trial Court - The Supreme Court held that First Appellate Court is required to comply with the provisions of Order 41 Rule 31 CPC. Further, the Court also observed that the First Appellant Court shall also form points of determination and consider the evidence on record especially those relied upon by the Trial Court.
Cause Title - Somakka (Dead) by Lrs. v. K.P.Basavaraj(Dead) By Lrs.
Date of Judgment – June 13, 2022
Coram - Justice S. Abdul Nazeer & Justice Vikram Nath
3. Act Of Private Defence Must Be Done In Good Faith And Without Malice – The Supreme Court held that the act of private defence must be done in good faith and without malice. The Bench also held that showing preponderance of probabilities was in favor of the accused is enough. In this case, a BSF personnel was accused of causing the murder of a civilian. His right to private defence was rejected by the Trial Court and was sentenced to life imprisonment.
Cause Title - EX. CT. Mahadev v. The Director General, Border Security Force & Ors.
Date Of Judgment – June 14, 2022
Coram – Justice BR Gavai & Justice Hima Kohli
4. Market Value Does Not Become Decisive For Suit Valuation Merely Because Subject Matter Involves Immovable Property
The Supreme Court in this case held that the market value does not become decisive of suit merely because an immovable property is the subject matter of litigation. The Court also held that the valuation of suit is dependant on the nature of relief claimed.
Cause Title – Bharat Bhushan Gupta v. Pratap Narain Verma & Anr.
Date of Judgment – June 16, 2022
Coram – Justice Dinesh Maheshwari & Justice Vikram Nath
5. Two Set Of Acts U/s. 376 IPC And U/s. 504/506 IPC Cannot Be Connected Together To Form Part Of Same Transaction
The Supreme Court in this case held that an offence under Section 376 IPC and Sections 504 and 506 IPC would not fall within the ambit of 'one series of acts so connected as to form part of the same transaction' for the purpose of trial under Section 200 CrPC.
The Court also reiterated the factors such as proximity of time, unity or proximity of place, continuity of action etc., that can help determine the question as to whether a series of acts are connected to form part of the same transaction.
Cause Title – Ms. P1 xxx v. State of Uttarakhand & Anr.
Date of Judgment – June 16, 2022
Coram – Justice Dinesh Maheshwari & Justice Vikram Nath
6. There Can Be No Estoppel Against Law
The Supreme Court in this case held that if the law requires something to be done in a particular manner, then it must be done in that manner, if not done so, it would have no existence in the eyes of law. The Court allowed the plea of candidates who challenged selection process upon being successful after participation.
The Court also held that principle of estoppel cannot override the law.
Cause Title – Krishna Rai (Dead) Through LRs & ORS. v. Banaras Hindu University Through Registrar & Ors.
Date of Judgment – June 16, 2022
Coram – Justice Dinesh Maheshwari & Justice Vikram Nath
