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…
Unified Cadre–Shetty commission recommendation to bring about uniformity in hierarchy, designation and jurisdiction of officers both on civil and criminal sides–There was no specific direction to integrate into a single unified cadre.
2009(1) LAW HERALD (SC) 182 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K. G. Balakrishnan The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice…
Common Intention –Unless a common intention is established as a matter of necessary inference from the proven circumstances, the accused person will be liable for their individual acts and not for the act done by any other person.Appeal against conviction–Appellant acquitted by trial Court–High Court convicted the appellant–Held, if two reasonable views are possible on the basis of the evidence on record and one favourable to the accused has been taken by the trial court, it ought not to be disturbed by appellate Court–
2009(1) LAW HERALD (SC) 175 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. 1657…
Criminal Law –Murder–Circumstantial evidence–Last seen theory–Deceased last seen with accused–Held, The last-seen theory, furthermore, comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible
2009(1) LAW HERALD (SC) 161 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No.598-599 of…
Arbitrator–Appointment of –High Court dismissed the petition for appointment of arbitrator on the ground that arbitration agreement does not lay down procedure for appointment of arbitrator–Answer lies in section 11(5) of the Act–Supreme Court appointed a former Judge as arbitrator.
2009(1) LAW HERALD (SC) 157 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 107 of 2009…
Rape–Courts cannot award sentence below seven years in offence of rape without giving adequate and special reasons
2009(1) LAW HERALD (SC) 150 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2060 of 2008…
Quashment–A complaint for medical negligence cannot be quashed because there are two set of opinion, one in favour of the complainant and other in favour of the appellant.
2009(1) LAW HERALD (SC) 145 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2049 of 2008…
Criminal Trial–Fairness in investigation as also trial is a human right of an accused–State cannot suppress any vital document from the Court only because the same would support the case of accused.
2009(1) LAW HERALD (SC) 140 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 637 of 2006…
Evidence Law–Eye witness–Benefit of discrepancies in evidence of eye witnesses should be given to accused.
2009(1) LAW HERALD (SC) 137 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 132 of 2007…