April 2017 - Page 49 of 53 - Supreme Court of India Judgements

Service Law —‘Scaling system’ for recruitment of Civil Judge (Junior Division)—Clearly demonstrate the arbitrariness and irrationality of scaling—Scaling system is unsuited for the Civil Judge (Junior Division) Examination—Position summarized. Contention that a writ petition under Article 32 is barred or not maintainable with reference to an issue which is the subject-matter of an earlier decision, is rejected.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 405 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice Y.K. Sabharwal The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice R.V.…

Arbitration

Arbitration agreement—Conduct of the parties—Parties accepted that there was an arbitration agreement & proceeded on that basis

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 401 IN THE SUPREME COURT OF INDIA Before Hon’ble Dr. Arijit Pasayat The Hon’ble Mr. Justice S. H. Kapadia Civil Appeal No. 149 of 2007 Krishna…

Service

Service Law—All High Court employees without exception, should receive a higher pay than their counter-parts in the State, in the absence of any general or special reasons Service Law— Pay and allowances of High Court employees; power to make rules in that regard is vested with the Chief Justice, subject to any law made by the Parliament—Requirement of approval from State is not a mere formality

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 385 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan The Hon’ble Mr. Justice G. P. Mathur The Hon’ble Mr.…

Service

Service Law—Contract labourers and Causal workers— Regularization cannot be granted even they have worked for a long period.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 383 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. 96 of 2007…

Cr P C

Charges— Framing of—Any error, omission or irregularity in the framing of charges including any mis joinder of charges shall not result in invalidating the conviction or order of a competent Court unless the appellate or revisional Court comes to the conclusion that a failure of justice has in fact been occasioned thereby

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 377 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 69 of…

I P C

Accident—Rashness—Meaning of—To do an act with the consciousness of risk that evil consequences will follow with the hope that it will not.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 372 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 45 of…

Acquittal

Acquittal — Acquittal of guilty is not less than from the conviction of an innocent Appeal against Acquittal—Two views —The view which is favourable to the accused is to be adopted.

Apr 7, 2017 sclaw

2007(1) LAW HERALD (SC) 369 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 39 of…

Cr P C

Criminal Misc. Application—It should be clearly stated as to whether any earlier petition had been filed or pending on the same cause of action—High Court to make provision in rules

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 367 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 34…

Service

Service Law—Award Staff—Respondent retired as award staff is not entitled to the grant of pension

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 360 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Lokeshwar Singh Panta Appeal (civil) 5503 of 2003…

C P C

Mortgage Sale—Mortgaged property could not be sold in execution without an attachment. Mortgage Sale—It is not possible to come to the conclusion that the suit to enforce the equitable mortgage is hit by Order 2 Rule 2 of the Code in view of the earlier suit for recovery of the mid term loan, especially in the context of Order 34 Rule 14 of the Code.

Apr 6, 2017 sclaw

2007(1) LAW HERALD (SC) 353 IN THE Supreme Court of India Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramaniyan Appeal (civil) 175 of 2007 (Arising…

Arbitration agreement—Conduct of the parties—Parties accepted that there was an arbitration agreement & proceeded on that basis

Service Law—Contract labourers and Causal workers— Regularization cannot be granted even they have worked for a long period.

Accident—Rashness—Meaning of—To do an act with the consciousness of risk that evil consequences will follow with the hope that it will not.

Acquittal — Acquittal of guilty is not less than from the conviction of an innocent Appeal against Acquittal—Two views —The view which is favourable to the accused is to be adopted.

Criminal Misc. Application—It should be clearly stated as to whether any earlier petition had been filed or pending on the same cause of action—High Court to make provision in rules

Service Law—Award Staff—Respondent retired as award staff is not entitled to the grant of pension

You missed

Limitation in consumer protection cases should be interpreted holistically, considering the continuing cause of action and prioritizing substantive rights over strict procedural time bars.

A suit in representative capacity (Order 1, Rule 8 CPC) is not maintainable if lacking locus standi, and a prior decree (res judicata) bars subsequent suits on the same subject matter, notwithstanding varying reliefs.

Agreement to sell immovable property incurs stamp duty as deemed conveyance via implied/symbolic possession transfer, with duty applying to the agreement (instrument), not the sale (transaction).

Supreme Court of India Judgements

Month: April 2017

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