Important Supreme Court Decisions of August 2016

Code of Civil Procedure, 1908 – Section 96 – First Appeal – Limitation – Whether the High Court ought to have decided the first appeal not only on the preliminary issue of limitation but also on all other issues? Held, the High Court ought to have considered all the issues in the first appeal rather than only the preliminary issue of limitation. [Madina Begum Vs. Shiv Murti Prasad Pandey; Supreme Court of India 01-08-2016] Read More at : http://goo.gl/bRtxo5


Ex-Chief Ministers Residence Allotment Rules, 1997 – Government bungalows occupied by former Chief Ministers of the State of Uttar Pradesh – the 1997 Rules, which permit the former Chief Ministers to occupy government bungalows for life cannot be said to be valid. Lok Prahari Vs. State of U.P. [Supreme Court of India, 01-08-2016]  Read More at : http://goo.gl/tHSj85


Limitation Act, 1963 – Article 54 of Schedule 1 – Interpretation of – Specific Performance of a Contract – date fixed for performance of the contract – Agreement did not specify a calendar date as the date fixed for the performance of the agreement – when no such date is fixed, the limitation of three years would begin when the plaintiff has notice that the defendant has refused the performance of the agreement – in taking a contrary view, ignoring the absence of a specified date for the performance of the agreement and reversing the Trial Court, the High Court has fallen in error. [Madina Begum Vs. Shiv Murti Prasad Pandey; Supreme Court of India 01-08-2016] Read More at : http://goo.gl/bRtxo5


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