Law of Evidence Evidence – Non-recovery of weapon – When there is ample ocular evidence corroborated by medical evidence, mere non-recovery of weapon from the appellant would not materially affect the case of the prosecution.
SUPREME COURT OF INDIA DIVISON BENCH MEKALA SIVAIAH — Appellant Vs. THE STATE OF ANDHRA PRADESH — Respondent ( Before : Dinesh Maheshwari and Krishna Murari, JJ. ) Criminal Appeal…
Entitlement Rules for Casualty Pensionary Awards, 1982 – Rule 12 – Disability Pension – Entitlement Rules for Casualty Pensionary Awards, 1982 are beneficial in nature and ought to be liberally construed.
SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. EX. NAIK RAM SINGH — Respondent ( Before : Abhay S. Oka and M.M. Sundresh, JJ.…
Anticipatory Bail- NDPS – 50,000 Tramadol tablets – Expression “reasonable grounds” used in clause (b) of Sub-Section (1) of Section 37 would mean credible, plausible and grounds for the Court to believe that the accused person is not guilty of the alleged offence – Bail order releasing the respondent on post-arrest bail, is quashed
SUPREME COURT OF INDIA FULL BENCH NARCOTICS CONTROL BUREAU — Appellant Vs. MOHIT AGGARWAL — Respondent ( Before : N.V. Ramana, CJI., Krishna Murari and Hima Kohli, JJ. ) Criminal…
Disability pension – Respondent was discharge form service on administrative grounds, not medical grounds – Claim of disability pension should not have been entertained and that too, 20 years after discharge.
SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHERS — Appellant Vs. EX. SEP. R. MUNUSAMY — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. )…
Arbitration and Conciliation Act, 1996 – Section 11 – Appointment of Arbitrator – Even at the stage of deciding Section 11 application, the Court may prima facie consider even the aspect with regard to ‘accord and satisfaction’ of the claims.
SUPREME COURT OF INDIA DIVISON BENCH INDIAN OIL CORPORATION LIMITED — Appellant Vs. NCC LIMITED — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal No.…
State of Haryana withdrew from acquisition declared as mala fide and inoperative HELD the land transfers are invalidated all transfers effected from the date of publication of the notification under Section 4, to the date of publication of the State’s decision to revoke the acquisition i.e., from 27.08.2004 to 29.01.2010 .
SUPREME COURT OF INDIA FULL BENCH RAMESHWAR AND OTHERS — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Pamidighantam…
Forest (Conservation) Act, 1980 – Section 2 – Restriction on the dereservation of forests or use of forest land for non-forest purpose – State Government or any other authority can always permit the use of any forest land or any portion thereof for non-forest purposes only with the prior approval of the Central Government
SUPREME COURT OF INDIA FULL BENCH NARINDER SINGH AND OTHERS — Appellant Vs. DIVESH BHUTANI AND OTHERS — Respondent ( Before : A. M. Khanwilkar, Abhay S. Oka and C.…
Madhya Pradesh Public Trusts Act 1951 – Sections 14 36(1) – Misappropriation of government properties – Validity of the Direction to Hold Inquiry through Economic Offences Wing — Allegation of misappropriation can be gone into only by the Authorities under the Public Trusts Act
SUPREME COURT OF INDIA FULL BENCH THE KHASGI (DEVI AHILYABAI HOLKAR CHARITIES) TRUST, INDORE AND ANOTHER — Appellant Vs. VIPIN DHANAITKAR AND OTHERS — Respondent ( Before : A.M.Khanwilkar, Abhay…
Considering the seriousness of the offences alleged, this was not a fit case for grant of anticipatory bail, when according to the State, recoveries are yet to be made and the respondent has not extended full cooperation in the investigation – Appeal allowed.
SUPREME COURT OF INDIA DIVISON BENCH SADHNA CHAUDHARY — Appellant Vs. THE STATE OF RAJASTHAN AND ANOTHER — Respondent ( Before : Ajay Rastogi and Vikram Nath, JJ. ) Criminal…
Specific performance -There is a distinction between readiness and willingness to perform the contract and both ingredients are necessary for the relief of Specific Performance – While readiness means the capacity of the Plaintiff to perform the contract which would include his financial position, willingness relates to the conduct of the Plaintiff.
SUPREME COURT OF INDIA DIVISON BENCH U.N. KRISHNAMURTHY (SINCE DECEASED) THR. LRS. — Appellant Vs. A. M. KRISHNAMURTHY — Respondent ( Before : Indira Banerjee and Hrishikesh Roy, JJ. )…