Second Appeal–Although High Court has jurisdiction to formulate a substantial question of law at a subsequent stage but it should not be done without assigning any reason and without giving a reasonable opportunity of hearing to the respondents.
2009(1) LAW HERALD (SC) 342 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. 7346 of 2008…
Criminal Procedure Code, 1973, S.451—Release of Property—Court is not merely required to determine the source from which the property was seized— A claim of title to the goods which have been seized is a relevant consideration while passing an order under Section 452
2019(1) Law Herald (P&H) 20 (SC) : 2018 LawHerald.Org 1986 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. D.Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Criminal Appeal…
Indian Penal Code, 1860, S.376—Rape—Consensual Sex—Live-in Relation— Quashing—Held; (i) If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. (ii) The acknowledged consensual physical relationship between the parties would not constitute an offence under Section 376 of the IPC.
2019(1) Law Herald (P&H) 12 (SC) : 2018 LawHerald.Org 1985 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice S. Abdul Nazeer Criminal…
Election—Two Third majority—If figure of majority comes to fraction, then fraction has to be treated as one and can never be rounded off to lower number because votes cannot be treated as fraction.
2019(1) Law Herald (P&H) 5 (SC) : 2018 LawHerald.Org 1963 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice…
Maintenance—Woman who is not legally wedded wife can claim maintenance under Domestic Violence Act if not entitled to maintenance under S. 125 Cr, P. C
2019(1) Law Herald (P&H) 4 (SC) : 2018 LawHerald.Org 1959 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Ranjan Gogol Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble…
Cheating—Merely because the accused has not paid the amount due and payable under the agreement; no offence u/s 406 & 420 IPC is made out-Dispute is of civil nature—Complaint quashed.
2019(1) Law Herald (P&H) 1 (SC) : 2018 LawHerald.Org 1958 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice M. R. Shah Criminal…
Possession–Plaintiff filed suit for possession on basis of title–Plaintiff has to prove his title–Weakness of the defence or the failure of the defendants to establish the title set up by them, would not enable the plaintiff to a decree–Appeal dismissed
2009(1) LAW HERALD (SC) 340 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. 6570 of 2008…
Eviction–Bona fide requirement– It is always the privilege of the landlord to choose the nature of the business and the place of the business.
2009(1) LAW HERALD (SC) 334 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 6125 of…
Appointment–An ad hoc appointee appointed for a period of three months as Stenographer, whose term is further extended, should not be allowed to continue in the public interest when he failed in the test.
2009(1) LAW HERALD (SC) 333 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 5691 of…
Arbitrator–Appointment of the arbitrator named in the arbitration agreement is not a must, but while making the appointment the twin requirements of sub-section (8) of Section 11 have to be kept in view, considered and taken into Account–If it is not done, the appointment becomes vulnerable.
2009(1) LAW HERALD (SC) 329 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice Aftab Alam…