Civil Procedure Code, 1908 (CPC) – Section 115 and Order 22 Rule 5 – Hindu Succession Act, 1956 – Section 15 – Will – Legal representatives – Appellant is the sole claimant to the estate of the deceased on the basis of Will – Executing Court has found that the appellant is the legal representative of the deceased competent to execute the decree – Appellant as the legal representative is entitled to execute the decree and to take it to its logical end HELD The determination as to who is the legal representative under Order 22 Rule 5 will of course be for the limited purpose of representation of the estate of the deceased, for adjudication of that case. No rs judicata
SUPREME COURT OF INDIA DIVISION BENCH VARADARAJAN — Appellant Vs. KANAKAVALLI AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil Appeal No. 5673…
Protection of Women from Domestic Violence Act, 2005 – Section 27 and 27(1)(a) – Jurisdiction – The Domestic Violence Act can be filed in a court where the “person aggrieved” permanently or temporarily resides or carries on business or is employed
SUPREME COURT OF INDIA FULL BENCH SHYAMLAL DEVDA AND OTHERS — Appellant Vs. PARIMALA — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ. ) Criminal Appeal…
Penal Code, 1860 (IPC) – Section 302 – Arms Act, 1959 – Section 25 – Criminal Procedure Code, 1973 (CrPC) – Section 313 – Evidence Act, 1872 – Sections 27 and 106 – Murder of wife – Burden of Proof – Where an offence like murder is committed in secrecy inside a house, the initial burden to establish the case would undoubtedly be upon the prosecution, but the nature and amount of evidence to be led by it to establish the charge cannot be of the same degree as is required in other cases of circumstantial evidence.
SUPREME COURT OF INDIA DIVISION BENCH NAWAB — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : Ashok Bhushan and Navin Sinha, JJ. ) Criminal Appeal No. 884 of…
Speaker Should Decide On Disqualification Within 3 Months; Impartial Tribunal Needed Under 10th Schedule
Speaker Should Decide On Disqualification Within 3 Months; Impartial Tribunal Needed Under 10th Schedule : SC LIVELAW NEWS NETWORK 21 Jan 2020 7:10 PM In a notable judgment, the Supreme…
Kerala Abkari Act, 1077 – Sections 55(a) and 55(g) – Criminal Procedure Code, 1973 (CrPC) – Sections 394 and 431 – Abatement of appeal – If sentence of fine is imposed alongwith the sentence of imprisonment under Section 431, such appeal shall not abate
SUPREME COURT OF INDIA DIVISION BENCH RAMESAN (DEAD) THROUGH LR. GIRIJA. A — Appellant Vs. THE STATE OF KERALA — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ…
Penal Code, 1860 (IPC) – Sections 34, 300, 302, 498-A, Section 304-Part II – Criminal Procedure Code, 1973 (CrPC) – Sections 313 – Evidence Act, 1872 – Section 106 – Murder of wife by throttling – Conviction and Sentence – Appeal against – In particular injuries suffered, it is quite clear that the act would fall within the scope of Section 300 of the IPC
SUPREME COURT OF INDIA DIVISION BENCH PAUL — Appellant Vs. STATE OF KERALA — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ. ) Criminal Appeal No. 38…
Government of India Act, 1935 – Section 241(2)(b) – Enhancement of age of retirement HELD Appellant who attained the age of 60 years – Age of retirement which prevailed at the relevant time was not entitled to the benefit of the notification – not entitled to the enhanced age of retirement of 65 years
SUPREME COURT OF INDIA DIVISION BENCH CHANDRA MOHAN VARMA — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Dr Dhananjaya Y. Chandrachud and Ajay Rastogi, JJ. )…
Dowry Prohibition Act, 1961 – Sections 3 and 4 – Penal Code, 1860 (IPC) – Sections 406, 420 and 498A – Criminal Procedure Code, 1973 (CrPC) – Section 216 – Framing of additional charges – It is clear that Section 216 provides the court an exclusive and wide-ranging power to change or alter any charge
SUPREME COURT OF INDIA DIVISION BENCH DR. NALLAPAREDDY SRIDHAR REDDY — Appellant Vs. THE STATE OF ANDHRA PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…
Karnataka State Civil Services (Unfilled Vacancies reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes) (Special Recruitment) Rules, 2001 – Rule 6 – Eligibility for appointment HELD Merely because the 1st respondent had approached the High Court by filing of a writ petition, that would not be sufficient to exercise jurisdiction under Article 226 of the Constitution in overreaching the rights of the candidates who were otherwise eligible for appointment – Appeal allowed
SUPREME COURT OF INDIA DIVISION BENCH THE KARNATAKA STATE SEEDS DEVELOPMENT CORPORATION LIMITED AND ANOTHER — Appellant Vs. SMT. H.L. KAVERI AND OTHERS — Respondent ( Before : Dr Dhananjaya…
Reservation In Promotion For Persons With Disability (PWDs) Not Prohibited
Reservation In Promotion For Persons With Disability (PWDs) Not Prohibited: SC Upholds 2-Judge Bench Decision LIVELAW NEWS NETWORK 21 Jan 2020 12:26 PM The Supreme Court has observed that the…







