Discharge from service–Absence from duty without prior permission–There was no necessity of holding any formal enquiry.
2009(1) LAW HERALD (SC) 537 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 3499 of 2008…
Promotion–Delay of 11 to 12 years cannot be overlooked when an applicant before the court seeks equity and specially in the case of service matters.
2009(1) LAW HERALD (SC) 533 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 2274 Of…
Additional Evidence—Criminal Appeal—Filing application for additional evidence at appellate stage cannot always be termed as delaying tactics. Additional Evidence—Criminal Appeal—Due to lapse on the part of appellant and his counsel the document which was a photocopy and was centre point of dispute/allegation could not be proved and accused was convicted—In appeal application for placing on record certified copy of said document ought to be allowed by High Court
2019(1) Law Herald (SC) 370 : 2019 LawHerald.Org 545 IN THE SUPREME COURT OF INDIA Before Honrble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No.l48of2019 Brig.…
Quashing—Final Report—High Court not to quash the FIR without commenting on merits of final report on record
2019(1) Law Herald (SC) 368 : 2019 LawHerald.Org 544 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M.R. Shah Criminal Appeal Nos.…
Wakf-Jurisdiction of Wakf Tribunal-Bar of Jurisdiction of Civil Court-Right, title and interest of a non-Muslim to the Wakf property is to be adjudicated by Wakf Tribunal where dispute pleaded is that suit property is not Wakf property.
2019(1) Law Herald (SC) 459 : 2019 LawHerald.Org 552 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal No.…
Election Petition—Objection that copy of election petition served is not the “True Copy”—Actual copy served to be examined—Election petition cannot be dismissed at the threshold on this objection.
2019(1) Law Herald (SC) 449 : 2018 LawHerald.Org 2132 IN THE…
Civil Procedure Code, 1908, S.96-Appeal–Withdrawal of Appeal- Dismissal of appeal “as not pressed”–If the appellant is a juristic entity created under the Act, Appellant Court have to ensure strict compliance of the relevant provisions of the Act under which they have are created coupled with ensuring compliance of relevant provisions of the Code of Civil Procedure for forgoing their right to prosecute the appeal on merits
2019(1) Law Herald (SC) 444 : 2018 LawHerald.Org 2128 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…
Muslim Law—Succession—Marriage of a Muslim man with a Hindu Woman is merely an irregular marriage—Child born out of such wedlock is legitimate and entitled to claim a share in his father’s property.
2019 (1) Law Herald (SC) 434 : 2019 LawHerald.Org 557 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…
Second Complaint—There is no provision in the Criminal Procedure Code or any other statute which debars a complainant from making a second complaint on the same allegations, when the first complaint did not lead to conviction, acquittal or discharge Second Complaint—The failure to mention the first complaint in the subsequent one is inconsequential—Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.
2019(1) Law Herald (SC) 134 : 2018 LawHerald.Org 2049 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal No. Ill…
Undue Influence—Merely because the parties are related to each other or merely because the executant was old or of weak character, no presumption of undue influence can arise Redemption of Mortgage—High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of CPC—Impugned order set aside
2019(1) Law Herald (SC) 147 : 2018 LawHerald.Org 2053 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 1007…