Accident—During course of employment—Deceased a bus driver-Accident took place when the deceased was coming down from the roof of the bus after having his meals—Death held to be arise out of and was in course of employment.
2019(1) Law Herald (SC) 409 : 2019 LawHerald.Org 549 IN THE SUPREME COURT OF INDIA Before HonTile Mr. Justice Arun Mishra Hon’ble Mr. Justice Navin Sinha Civil Appeal No(S). 931…
Constitution of India, 1950, Art. 19 (2)–Ban on Book HELD the creativity and the author’s perception of the uni verse are to be borne in mind. What is true to poetry is applicable to novels or any creative writing. It has to be kept uppermost in mind that the imagination of a writer has to enjoy freedom. It cannot be asked to succumb to specifics. That will tantamount to imposition. A writer should have free play with words, like a painter has it with colours. The passion of imagination cannot be directed.
2019(1) Law Herald (SC) 396 : 2018 LawHerald.Org 2130 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Mishra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…
Ancestral Property—Coparcener has right to dispose of his undivided share in joint family property by way of Will
2019(1) Law Herald (SC) 441 : 2019 LawHerald.Org 551 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ajay Rastogi Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal No. 7092…
Auction Sale—Recalling of Order—Execution of Decree—During the pendency of execution second appeal before High Court decreetal amount had been deposited with District Court—Such fact was not brought on record before Supreme Court which had earlier dismissed the objections in conducting auction sale-Impugned order recalled by Supreme Court-Order of auction sale set aside.
2019(1) Law Herald (SC) 348 : 2019 LawHerald.Org 546 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Hon’ble Mr. Justice…
Identification of Prisons Act, 1920, S.4–Sample of Fingerprints- Police officer is competent to take finger print from crime scene without the orders from Magistrate–To dispel doubts as to its bona fides and to rule out the fabrication of evidence, it is eminently desirable that they were taken before or under the order of a Magistrate-Evidence Act, 1872, S.27.
2019(1) Law Herald (SC) 333 : 2019 LawHerald.Org 524 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…
Probation—The most important ground which stands out, is that prisoner should be allowed to maintain family and social ties.
2019(1) Law Herald (SC) 331 : 2019 LawHerald.Org 523 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice K.M. Joseph Hon’ble Mr. Justice Uday Umesh Lalit Writ Petition (Criminal)…
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 (SC) 321 : 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. 230-231…
Murder–Doctrine of Parity–Appellant submitted that there is a parity between the co-accused persons and while other were convicted under Section 304 Part II IPC he alone has been convicted under Section 302 IPC–However, appellant had given a fatal blow on the neck with aruval and injury caused by such act proved fatal–Plea of parity rejected.
2009(1) LAW HERALD (SC) 530 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 38…
Unlawful Assembly–Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was attracted by that common object is one those set out in Section 141 IPC
2009(1) LAW HERALD (SC) 525 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. of…
Writ appeal–Dismissal on cryptic grounds–In matters involving constitutionality, it would not be open for High Court to dismiss writ appeals on cryptic grounds.
2009(1) LAW HERALD (SC) 524 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice Aftab Alam Civil Appeal No. 272 OF 2009…