Sentence—Enhancement of—High Court has the power to enhance the sentence suo motu by issuing notice to the accused giving him reasonable time to answer the notice
2019(3) Law Herald (SC) 1929 : 2019 LawHerald.Org 1236 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Ranjan Gogoi Hon’ble Mr. Justice Deepak Gupta Hon’ble Mr. Justice…
Closure Report—Before accepting the closure report, the Magistrate is bound to issue notice to the complainant/original informant and give him an opportunity to submit the protest application and, thereafter the Magistrate may or may not accept the closure report——Summoning of Additional Accused—Even on the basis of the statement made in the examination-in-chief of the witness without waiting till the cross examination; Court can exercise the power under S.319 of Cr P C
2019(3) Law Herald (SC) 1913 : 2019 LawHerald.Org 1032 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Criminal Appeal No.…
Land Acquisition—Solatium—It has to be calculated only on the market value plus the value of the assets attached to the land i.e. total compensation amount
2019(3) Law Herald (SC) 1907 : 2019 LawHerald.Org 1233 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice M. R. Shah Special Leave Petiton…
Injunction—Disobedience of Injunction—Allegation of willful disobedience being in the nature of criminal liability, the same has to be proved to the satisfaction of the court that the disobedience was not mere “disobedience” but a “willful disobedience”
2019(3) Law Herald (SC) 1905 : 2019 LawHerald.Org 1229 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Civil Appeal No (S).…
How Can They Lead ‘Proof Of Income’? SC Enhances Compensation To Family Of Carpenter Who Died In Accident
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No. 7004/2019 [@ Special Leave to Appeal (C) No(s). 33359/2017] CHAMELI DEVI & ORS. Appellant(s) VERSUS JIVRAIL MIAN &…
Non Payment Of Debt After Issuance Of Recovery Certificate Not A ‘Continuing Wrong’ : SC
Non Payment Of Debt After Issuance Of Recovery Certificate Not A ‘Continuing Wrong’ : SC REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 11020 OF…
Limitation Act is applicable to applications filed under Sections 7 and 9 of the (IBC) Code from the inception of the Code, Article 137 of the Limitation Act gets attracted. “The right to sue”, therefore, accrues when a default occurs.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.23988 OF 2017 B.K. EDUCATIONAL SERVICES PRIVATE LIMITED …APPELLANT VERSUS PARAG GUPTA AND ASSOCIATES …RESPONDENTS WITH CIVIL APPEAL…
Appointment of arbitrator – Appellant’s own default in sleeping over his right for 14 years will not constitute a case of ‘undue hardship’ justifying extension of time under Section 43(3) of the 1996 Act or show ‘sufficient cause’ for condonation of delay under Section 5 of the Limitation Act . Held High Court’s observation that the entire dispute seems concocted so as to pursue a monetary claim against the respondents approved.
SUPREME COURT OF INDIA FULL BENCH M/S GEO MILLER & CO. PVT. LTD. — Appellant Vs. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD. — Respondent ( Before : N.V. Ramana, Mohan…
In the instant case, none of the circumstances relied upon by the prosecution have been proved beyond reasonable doubt, and there is no question of a complete chain of circumstances being formed that would point towards the guilt of the accused. In Court’s considered opinion, the benefit of doubt should therefore be granted in their favour – The Courts below erred in convicting Accused Nos. 1 and 2 for the offences of the abduction and murder of the deceased – Appeal allowed.
SUPREME COURT OF INDIA FULL BENCH UMESH TUKARAM PADWAL AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : N.V. Ramana, Mohan M. Shantanagoudar and Ajay…