Medical Negligence–As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence.
2010(2) LAW HERALD (SC) 763 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No.1385 of 2001…
Hindu Marriage Act, 1955, S. 13–Divorce–Mental Cruelty–To establish cruelty it is not necessary that physical violence should be used-However continued ill-treatment cessation of marital intercourse, studied neglect, indifference of one spouse to the other may lead to an inference of cruelty.
2010(2) LAW HERALD (SC) 756 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 5387 of…
Fraudulent decree–A fraud puts an end to everything–Settled position that such decree is nothing, but a nullity.
2010(2) LAW HERALD (SC) 751 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 1881 of…
Murder—Single blow—One injury was caused to the deceased by farsi blow on the head which indicates that the appellant has not taken undue advantage of the deceased—Conviction u/s 302IPC modified to be u/s 304 Part-IIPC
2018(4) Law Herald (SC) 3070 : 2018 LawHerald.org 1787 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No.…
Service Law—Annual Confidential Report—Uncommunicated adverse ACRs cannot be relied upon for the purpose of consideration of promotion.
2018(4) Law Herald (SC) 3069 : 2018 LawHerald.org 1780 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul Civil Appeal No.…
Advocates—For holding election of a member of Bar Council of India to be elected by State Bar Council, notice and agenda for the same has to be issued by the Secretary of the State Bar Council
2018(4) Law Herald (SC) 3054 : 2018 LawHerald.org 1779 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal Nos. 8172,8173…
SARFAESI—Borrower/debtor can approach the Debts Recovery Tribunal under section 17 of the Act at the stage of the possession notice referred to in rule 8(1) and 8(2) of the 2002 Rules—Borrower need not to wait unless he loses actual (physical) possession of the secured assets.
2018(4) Law Herald (SC) 3020 : 2018 LawHerald.org 1778 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mr. Justice Navin Sinha Civil Appeal No. 10873…
Revision—Scope of—An erroneous decision on a question of law reached by the subordinate court which has no relation to questions of jurisdiction of that court cannot be corrected by the High Court under Section 115 CPC.
2018(4) Law Herald (SC) 3006 : 2018 LawHerald.org 1777 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal No. 10853…
Arbitration Agreement—Need not to be signed in all circumstances to make it valid
2018(4) Law Herald (SC) 3003 : 2018 LawHerald.org 1776 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Navin Sinha Civil Appeal Nos.…
Cross Objection—First Appellate Court in an appeal by plaintiff cannot reverse the finding on an issue favour of plaintiff in absence of cross objection by defendant on that issue
2018(4) Law Herald (SC) 2999 : 2018 LawHerald.org 1775 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice 8. Abdul Nazeer Civil Appeal…