• The apex court in case formulated principles regarding retrial. The court said that to prevent miscarriage of justice the court can order retrial. Further added that all the evidence produced in the previous trial were wiped out and cannot be used in fresh trial. The court given certain circumstances in which retrial can take place under 368 CRPC like trial court without jurisdiction decided the case, previous trial was illegal or irregular, prosecution prevented from giving evidence in the trial court. These are not exhaustive grounds the court said.
  • Consumer complaint against the power distributing company isn’t maintainable on the ground additional bill given by distributor due to the short assessment. The court said the recovery from the consumer is legal cannot be denied.
  • Special leave petition against the review order of High Court is not maintainable. Refer DSR steel Limited vs State of Rajasthan and others, 2012.
  • Usufructuary mortgage is different from other mortgages. The limitation for usufruct commence from the recovery of money initiated and continued from rents or profit out of mortgaged property. Once a mortgage is always a mortgage. Hence there is no limitation on usufructuary mortgage.
  • In an execution proceeding judgment debtor cannot raise new objection on every installment in execution proceeding. The court cleared the fact that Res judicata is applicable to execution proceeding as well.
  • The collusion taken place even after the person taken some precaution to prevent such collision cannot constitute contributory negligence the court observed in K Anusha vs Regional Manager, Shriram General Insurance CO LTD, 2021.

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