Transfer of Suit–Suit for damages filed at Chennai by husband–Suit transferred to Kolkata where wife residing with 2 years old child.
2009(1) LAW HERALD (SC) 256 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Transfer Petition (Civil) No. 627…
Arbitrator–Appointment of–An application/petition without approaching the authority nominated and agreed upon by the parties is not maintainable–In instant case ICC was nominated but was not approached.
2009(1) LAW HERALD (SC) 254 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju Arbitration Application No. 6 of 2008 Standard Corrosion Controls Pvt. Ltd. v.…
Re-summoning–There must be substantive evidence against a person in order to summon him for trial u/s 319 of Cr.P.C., although he is not named in charge-sheet or he has been discharged from the case, which would warrant his prosecution thereafter with a good chance of his conviction.
2009(1) LAW HERALD (SC) 249 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 9 of 2009…
Relation witness–If witness is related to the deceased, his evidence has to be accepted if found to be reliable and believed because he would inter alia be interested in ensuring that real culprits are punished.
2009(1) LAW HERALD (SC) 243 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No. 1662-1663…
Succession—Life Interest—Testator of suit property gave ownership rights to his children and life interest to his wife by way of right to live in the suit house and collect rent for her maintenance—Such “life interest” does not get ripen into an “absolute interest”.
(2018) AIR(SCW) 62 : (2018) AIR(SC) 62 : (2018) AllSCR 136 : (2018) 1 ALT 17 : (2018) 1 AndhLD 20 : (2018) 1 BCR 735 : (2017) DNJ 1154…
Attempt to Murder–A single blow of sickle inflicted by appellant on back of deceased–Doctor opinion that deceased did not died due to direct result of injury–Reduction of charges proper.
2009(1) LAW HERALD (SC) 241 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No. 47…
Decree remains valid unless set aside. Executing Court reduced to interest from 18% to 14%–High Court further reduced the same to 9%–Executing Court cannot go beyond decree–Executing Court to execute the same as it is.
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. 7310 of 2008 Deepa Bhargava v. Mahesh…
Accident Law–Compensation–Criteria–For arriving at just compensation, it is necessary to ascertain the net income of the deceased available for the support of himself and his dependents at the time of his death and the amount, which he was accustomed to spend upon himself–This exercise has to be on the basis of the data, brought on record by the claimant, which again cannot be accurately ascertained and necessarily involves an element of estimate or it may partly be even a conjecture
2009(1) LAW HERALD (SC) 231 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 10 of 2009…
Land and Property Law–Allotment of Plot–Cancellation of–Predecessor-in-interest of appellant not eligible for allotment of plot under scheme for rehabilitation of locally displaced persons–Notwithstanding the fact that transfer of plot in favour of appellant is duly approved by Trust, appellant did not acquire any independent right in the plot and be only acquired whatever rights the transferor or original allottee had therein–Defect in allotment made in original allottee’s favour on account of her ineligibility to avail scheme was inherited by appellant as her transferee
2009(1) LAW HERALD (SC) 228 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 9 of 2009…
Exparte decree–Remedies available to defendants–He may file a suit contending that decree was obtained fraudulently or he may file application under Order 9 Rule 13 C.P.C. or he may prefer an appeal from exparte judgment–He may also file a review petition.
2009(1) LAW HERALD (SC) 224 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. 7316 of 2008…