Consumer Protection Act, 1986, S. 12–Medical Negligence-Vegetative State–Child aged two and half years underwent minor survey but thereafter developed respiratory distress and has been reduced to a vegetative state–Forums below had awarded Rs. 10 lakhs as compensation payable jointly by surgeon and the anesthetist-Compensation enhanced further by Rs.7 lakhs
2019(1) Law Herald (SC) 552 : 2019 LawHerald.Org 602 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjay Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…
Criminal Procedure Code, 1973, S.456–Forcible Dispossession-Restoration of Possession—Limitation-Limitation of 30 days filing an application would apply only if the Trial Court had not passed any order in respect of the case property while convicting the accused—No limitation has been provided for the higher courts to make an order for restoration of possession while disposing the proceedings before it.
2019(1) Law Herald (SC) 535 : 2019 LawHerald.Org 60O IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Deepak Gupta Criminal Appeal No. 1104 of 2011 Mahesh Dube v.…
Scheduled Caste (Prevention of Atrocities) —Minimum Sentence—High Court cannot award sentence less than the minimum sentence (six months) as prescribed by the statute.
2019(1) Law Herald (SC) 507 : 2019 LawHerald.Org 597 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No. 208 of 2019 (Arising out of…
Examination of Witness—Where the prosecution evidence has been closed long back and the reasons for non-examination of the witness earlier is not satisfactory; the summoning of the witness at belated stage would cause great prejudice to the accused and should not be allowed
2019(1) Law Herald (SC) 503 : 2019 LawHerald.Org 596 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S. Abdul Nazeer Criminal Appeal No. 15 of 2019 (Arising out…
Domestic Violence—Right to Residence—Wife is entitled to claim residence in the shared household only if she establishes domestic violence
2019(1) Law Herald (SC) 492 : 2019 LawHerald.Org 555 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Petition(s) for Special…
Quashing—Compromise between parties—Order of quashing cannot be challenged merely on the ground that out of three accused persons statement of only one accused person was recorded before High Court when both the other accused had participated in quashing proceedings
2019(1) Law Herald (SC) 488 : 2019 LawHerald.Org 554 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.234…
Quashing—Framing of Charge—When the order of the Trial Court does not surfer from any perversity, High Court should not have quashed the impugned order of framing of charge
2019(1) Law Herald (SC) 485 : 2019 LawHerald.Org 553 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Criminal Appeal…
Dishonour of Cheque—Blank Cheque—Subsequent filing in of an unfilled signed cheque is not an alteration. Dishonour of Cheque—Presumption of debt—The existence of a fiduciary relationship between the payee of a cheque and its drawer, would not disentitle the payee to the benefit of the presumption under Section 139.
2019(1) Law Herald (P&H) 353 (SC) : 2019 LawHerald.Org 525 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal Nos.…
Accident–Death of son of insured while driving Motor Cycle–Son was not a third party–Accident occurred by use of vehicle and not by negligence of driver–Owner not entitled to any claim.
2009(1) LAW HERALD (SC) 585 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7402 of 2008…
Will–Suspicious circumstances–Testator disinherited her four daughter and executed Will in favour of distant relative–It is suspicious circumstances in instant case–Registration of Will and contention that testatrix was not looked after by natural heirs not of much significance. Will was a registered one, but the same by itself would not mean that the statutory requirement of providing the Will need not be complied with. Will must be proved in terms of Section 68 of Evidence Act and Section 63(c) of Succession Act–For proving the Will, provisions of Section 90 of Evidence Act are not applicable.
2009(1) LAW HERALD (SC) 577 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7250 Of 2008…