Lucid Law

0 judgments

August 05, 2026

Mere "kitting" or grouping of imported photocopier modules according to customer specifications, without transformation into a new commercially distinct product, does not amount to "manufacture" under S.2(f) Central Excise Act, 1944 or Note 6 to Section XVI of the Central Excise Tariff Act, 1985.

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August 05, 2026

Arbitration Law

A non-signatory who actively participates in and is indispensable to the performance of the underlying transaction may be treated as a "veritable party" and bound by the arbitration agreement, notwithstanding that he did not sign the principal agreement.

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August 04, 2026

In criminal appeals against conviction, especially jail appeals, courts must adopt a proactive and liberal approach in condoning delay; conviction cannot rest on an unreliable solitary eyewitness whose testimony does not inspire confidence.

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August 04, 2026

Once execution of a cheque is admitted, the statutory presumptions under S.118 and S.139 NI Act operate in favour of the complainant, and the accused must rebut them by cogent evidence; the High Court cannot reappreciate evidence in revision absent perversity.

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August 04, 2026

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August 03, 2026

In claims involving children suffering catastrophic permanent disability, "just compensation" under the Motor Vehicles Act must be realistic, humane, and account for the lifelong impact of the disability; functional disability, rather than merely medical disability, governs assessment of future loss.

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August 03, 2026

Criminal Law

Section 498A is held to be applicable to “live-in relationships” that qualify as “relationships in the nature of marriage” with the intent to marry being established as an intrinsic part thereof.

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July 30, 2026

A Reach Stacker used exclusively within an Inland Container Depot is not a "motor vehicle" under S.2(28) MVA as it falls within the statutory exclusion for vehicles specially adapted for use only in enclosed premises; consequently, a claim under S.166 MVA is not maintainable.

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July 30, 2026

A passenger elevator is a common carrier, and the manufacturer, maintenance contractor, operator, and premises owner owe a heightened duty of care and may be held jointly and severally liable for injuries caused by deficient maintenance or operation.

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July 30, 2026

A contractual clause denying interest on a security deposit is valid and binding; however, if the State retains the deposit beyond the contractually stipulated refund period, interest becomes payable thereafter.

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July 30, 2026

A conviction for murder can be sustained even without recovery of the dead body where reliable evidence establishes the corpus delicti and the chain of circumstances is complete.

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July 29, 2026

Arbitration Law

An order of an Arbitral Tribunal rejecting a jurisdictional objection under S.16 of the Arbitration and Conciliation Act, 1996 cannot ordinarily be challenged under Art.227 of the Constitutionin absence of a patent lack of inherent jurisdiction; the appropriate remedy is under S.34 after the final award.

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July 28, 2026

The threshold for initiating action for an offence punishable under Sections 199 and 200 of the Penal Code is the making of a ‘false statement’ and not the making of a ‘wrong statement’.

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LUCID LAW

Supreme Court Judgments

Mere "kitting" or grouping of imported photocopier modules according to customer specifications, without transformation into a new commercially distinct product, does not amount to "manufacture" under S.2(f) Central Excise Act, 1944 or Note 6 to Section XVI of the Central Excise Tariff Act, 1985.

A non-signatory who actively participates in and is indispensable to the performance of the underlying transaction may be treated as a "veritable party" and bound by the arbitration agreement, notwithstanding that he did not sign the principal agreement.

In criminal appeals against conviction, especially jail appeals, courts must adopt a proactive and liberal approach in condoning delay; conviction cannot rest on an unreliable solitary eyewitness whose testimony does not inspire confidence.

Once execution of a cheque is admitted, the statutory presumptions under S.118 and S.139 NI Act operate in favour of the complainant, and the accused must rebut them by cogent evidence; the High Court cannot reappreciate evidence in revision absent perversity.

Section 498A is held to be applicable to “live-in relationships” that qualify as “relationships in the nature of marriage” with the intent to marry being established as an intrinsic part thereof.

A Reach Stacker used exclusively within an Inland Container Depot is not a "motor vehicle" under S.2(28) MVA as it falls within the statutory exclusion for vehicles specially adapted for use only in enclosed premises; consequently, a claim under S.166 MVA is not maintainable.

A passenger elevator is a common carrier, and the manufacturer, maintenance contractor, operator, and premises owner owe a heightened duty of care and may be held jointly and severally liable for injuries caused by deficient maintenance or operation.

A contractual clause denying interest on a security deposit is valid and binding; however, if the State retains the deposit beyond the contractually stipulated refund period, interest becomes payable thereafter.

A conviction for murder can be sustained even without recovery of the dead body where reliable evidence establishes the corpus delicti and the chain of circumstances is complete.

The threshold for initiating action for an offence punishable under Sections 199 and 200 of the Penal Code is the making of a ‘false statement’ and not the making of a ‘wrong statement’.

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