Murder—Appeal against Acquittal—Perversity in the judgment of the trial court has to be demonstrated by the High Court for interfering with the judgment of the trial court
2018(4) Law Herald (SC) 3366 : 2018 LawHerald.Org 1941 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice R. Subhash Reddy Criminal Appeal…
Witness Protection Scheme—Scheme as prepared by Union of India approved by SC and shall come into force with immediate effect Witness Protection Scheme–Vulnerable Witness Deposition Complexes—Directions issued to State and Union Territories to set up such complexes in all the district Courts in India by the end of the year 2019.
2018(4) Law Herald (SC) 3342 : 2018 LawHerald.Org 1940 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Writ Petition (Criminal)…
Civil Procedure Code, 1908, O.21 R.66–Auction Sale—Setting aside of- -Inadequate Publicity—Authorities committed error in not giving adequate publicity in leading newspaper keeping in view, the value and the potentiality of the land—Directions issued to re-auction the land in question by giving wide publicity in various leading national newspapers having circulation all over India
2018(4) Law Herald (SC) 3338 : 2018 LawHerald.Org 1939 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Indu Malhotra Civil Appeal No.…
Insolvency and Bankruptcy Code, 2016—Applicability of Code—Provision of I&B Code cannot be invoked in respect of an operational debt where an Arbitral award has been passed against the operational debtor, which has not yet been finally adjudicated upon.
2018(4) Law Herald (SC) 3328 : 2018 LawHerald.org 1799 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No. 21824…
Hindu Marriage Act, 1955, S.15–Nullity of Marriage-Second Marriage– During pendency of appeal against divorce decree of first marriage-The restriction placed on a second marriage in Section 15 of the Act till the dismissal of an appeal would not apply to a case where parties have settled and decided not to pursue the appeal
2018(4) Law Herald (SC) 3318 : 2018 LawHerald.org 1798 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Civil Appeal No.…
Service Law–Wages–Any isolated one time ex-gratia payment made by way of an interim relief cannot be regarded as wages or its component—If such amount had been paid regularly by the employer to the employee in compliance with his terms of employment, it would have been regarded as wages or its component—Industrial Disputes Act, 1947,
2018(4) Law Herald (SC) 3381 : 2018 LawHerald.Org 1944 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.3168…
Gift Deed—Cancellation of—When a gift is incomplete and title remains with the donor then deed of gift can be cancelled. Gift Deed—A conditional gift becomes complete only on compliance of the conditions in the deed
2018(4) Law Herald (SC) 3314 : 2018 LawHerald.org 1796 THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Amn Mishra Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 10785 of…
Land Acquisition—Development Charges—Acquired land is situated in the midst of well-developed area of the city—Deduction of 30% as development charges is not justified-Deduction of 10% held to be justified.
2018(4) Law Herald (SC) 3389 : 2018 LawHerald.Org 1946 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.6057…
Hindu Marriage Act, 1955, S.13-B—Divorce—By Mutual Consent-Once both the parties have consciously obtained a decree of divorce by mutually agreed terms and moved ahead in life, later they cannot be allowed to claim that divorce decree is null and void and not binding on them.
2018(4) Law Herald (SC) 3307 : 2018 LawHerald.org 1795 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul Civil Appeal No.…
Will—To challenge the genuineness of the Will inter alia indicates challenge to the genuineness of the signature of testator. Expert Evidence—If the scientific investigation of the document in question facilitates the ascertaining of truth, it can be done even after closure of the evidence from both sides.
2018(4) Law Herald (SC) 3304 : 2018 LawHerald.org 1794 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal Nos. 10684-10685…