April 2017 - Page 22 of 53 - Supreme Court of India Judgements

Secondary Evidence—Only when conditions of Section prescribed in Section 65 are satisfied, documents can be admitted as secondary evidence.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1686 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…

Arbitration

Arbitrator—Appointment of—Firstly Arbitrator has to decide existence of arbitration agreement and claim comes within purview of agreement—However, these two aspects are not to be treated as preliminary issue.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1679 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2133 of…

C P C

Decree—Execution of—Property situated outside the territorial jurisdiction of the Court which passed the decree—Decree passed to the Court having jurisdiction over the property.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1674 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2078 of…

Corporate

Confiscation of vehicle—Truck used for transportation of wheat—Whether there was any valid paper regarding possession of wheat was not subject matter of confiscation proceeding—Vehicle released.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1670 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 659 of…

Limitation

Adverse Possession—Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and willful neglect but also on account of possessor’s positive intent to dispossess.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1655 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 7062 of…

Evidence Act Will & Succession

Admitted facts—Need not be proved—The Court was entitled to draw an inference that the same had been admitted. Partition—Family settlement—Not given its full effect—Finding that by purported settlement deed, joint family property had not been partitioned by meets and bounds—Finding held to be proper.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1651 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 7061 of…

Land Acquisition

Acquisition of Land—Under Act of 1952—Grant of solatium and interest—Award passed by arbitrator attained finality—Compensation payable as per award.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1644 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 6063-6064…

C P C

Notice—Send by post—Returned unserved on refusal—Defendant on oath stated he did not received the notice—The same would prevail, unless the postman was examined.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1641 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 5130 of…

Corporate

Noise Pollution—Manufacturing of brass utensils in residential area—Permission granted to give concrete proposal as to how would they abide by norms.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1638 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 4533…

Arbitration

Arbitrator—Appointment of—Not permissible to appoint an Arbitrator to adjudicate the disputes, in the absence of an arbitration agreement or mutual consent—Section 89 CPC has no application.

Apr 14, 2017 sclaw

2007(2) LAW HERALD (SC) 1633 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice R.V. Raveendran Civil Appeal No. 4467 of…

Month: April 2017

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