Satish Law Agency

  SUPREME COURT OF INDIA Before:- Ajay Rastogi and Abhay S. Oka, JJ. Criminal Appeal Nos.200 of 2022 (Arising out of SLP(Crl.) Nos.8283 of 2021). D/d. 10.2.2022. Shafiya Khan @ Shakuntala Prajapati - Appellants Versus State of U.P. & Anr. - Respondents For the Appellants :- Mr. Gaurav, Advocate. For the Respondents :- Mr. Adarsh Upadhyay, Mr. Amit Singh, Mr. ajay Prajapati, Mr. Aman Pathak, Mr. Arvind Gupta, Advocates. IMPORTANT Dismissal of application for quashing of criminal proceedings by High Court - Inherent powers do not confer any arbitrary jurisdiction on Court to act according to its whims and fancies. Prohibition of Child Marriage Act, 2006, Section 3 - Criminal Procedure Code, 1973, Section  482  - Hindu Marriage Act, 1955 Section  5  - Criminal proceedings against sister-in-law by brother-in-law - Quashing of - Allegations against accused that she got married without any divorce from her previous husband and forgery committed...

SUPREME COURT OF INDIA Before:- M.R. Shah and B.V. Nagarathna, JJ. Civil Appeal Nos.257-259 of 2022. D/d. 12.1.2022. Phoenix ARC Private Limited - Appellants Versus Vishwa Bharati Vidya Mandir & Ors. - Respondents For the Appellants :- Mr. Suresh Dutt Dobhal, Mr. Shikhar Kumar, Advocates. For the Respondents :- Mr. Basavaprabhu S.Patil, Sr. Adv., Mr. Geet Ahuja, Mr. V. N. Raghupathy, Advocates. IMPORTANT SARFESI Act - Writ petition against private financial institution under Article 226 of Constitution of India against proposed action/actions under Section 13(4) of SARFAESI Act not maintainable. A. Constitution of India, 1950, Article 226 - Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, Sections 17 and 13(4) - Writ petition against communication and to pass ex-parte ad interim order virtually stalling/restricting proceedings under SARFAESI Act by creditor - Maintainability - Held, writ petitions against notice under Section...

  SUPREME COURT OF INDIA Before:- Sanjay Kishan Kaul and M.M. Sundresh, JJ. Civil Appeal Nos.5384-5385 of 2014. D/d. 17.1.2022. Seethakathi Trust Madras - Appellants Versus Krishnaveni - Respondents For the Appellants :- Mr. Chander Uday Singh, Sr. Adv., Mr. M. Yogesh Kanna, Mr. Raja Rajeshwaran S., Advocates. For the Respondents :- Mr. V. Ramasubramanian, Mr. K. K. Mani, Ms. T. Archana, Advocates. A. Civil Procedure Code, 1908, Section 100 - Decree of specific performance of agreement to sell - Second appeal - Plea of Adverse possession - It is not necessary to go into issue of adverse possession as both parties are claiming title - Crucial aspect is decree obtained for specific performance by Respondent and manner of obtaining decree - Respondent fully aware of prior registered transaction in respect of same property originally in favour of Niraja Devi - This is as per deposition of her manager - Thus, not possible to accept that decree obtained behind back of bona fide purchas...