IMP:::Panchayati Raj—Disqualification—Family member of the original encroacher of panchayat land cannot be disqualified from being a member of Panchayat.
(2017) AIR(SCW) 5420 : (2018) 1 AIRBomR 168 : (2017) AIR(SC) 5420 : (2017) 6 ALLMR 970 : (2017) 10 JT 569 : (2017) 4 LawHerald(SC) 2829 : (2018) 1 MhLJ 1 : (2018)…
Accident—Disability @ 50% in right arm—Injured was 22 years of age, working in Merchant Navy—Compensation enhanced from Rs. 8.80 lacs to Rs. 22 lacs along with 8% interest from date of filing.
(2017) 4 ACC 673 : (2018) ACJ 547 : (2017) 180 AIC 20 : (2017) AllSCR 2363 : (2017) 125 ALR 853 : (2017) DNJ 1062 : (2018) 1…
PADMAVAT CASE:: Pleadings—Neither laxity nor lack of sobriety in pleadings is acceptable in law—The assertions in a petition cannot show carelessness throwing all sense of propriety to the winds.
(2018) AIR(SCW) 86 : (2018) AIR(SC) 86 : (2018) AllSCR(Crl) 1 : (2018) 1 ALT(Crl) 127 : (2018) 1 AndhLD(Criminal) 51 : (2018) 1 BomCR(Cri) 478 : (2017) 4LawHerald(SC) 2859 : (2018)…
IMP:: Criminal Procedure Code, 1973, S. 195—Forged document in evidence– Allegedly a forged letter was filed before the court-There is no case that forgery was committed after the letter was filed in the court –Thus, provision under S.195(i) (b)(ii) Cr.P.C. will not be attracted.
(2018) 102 ACrC 320 : (2018) 181 AIC 131 : (2018) 1 AICLR 264 : (2017) AIR(SCW) 5268 : (2017) AIR(SC) 5268 : (2018) AllSCR(Crl) 99 : (2018)…
Indian Penal Code, 1860, S.304 Part II–Culpable Homicide—As per post mortem report injuries were not sufficient in ordinary cause to cause death and deceased had survived 14 days from the date of incident—Order of High Court in acquitting three accused and conviction of other two accused persons u/s 304-Part II, IPC upheld
(2018) 102 ACrC 309 : (2018) 181 AIC 159 : (2018) 1 AICLR 260 : (2017) AIR(SCW) 5048 : (2017) AIR(SC) 5048 : (2017) AllSCR(Crl) 1989 : (2017) 4 BomCR(Cri)…
THREE GOLDEN PRINCIPLE FOR INJUNCTION GRANT : (plaintiff) was able to make out all the three necessary ingredients for grant of permanent injunction with the aid of evidence, namely, the prima facie case, the balance of convenience and the irreparable loss and injury, if the injunction is not granted to him. Since the respondent held a Patta of the suit land, there was a prima facie case in his favour. Secondly, he was also held to be in possession of the suit land and hence the other two ingredients, namely, the balance of convenience and irreparable loss and injury, were also in his favour.
(2017) 179 AIC 116 : (2017) AIR(SCW) 5094 : (2017) AIR(SC) 5094 : (2017) 125 ALR 468 : (2018) 1 ALT 51 : (2017) 6 AndhLD 59 : (2017) 3…
Normally, retrial has to be ordered by appellate court under S.386 Cr.P.C—However, in exceptional circumstance, such a power can be exercised by the High Court under Art. 226 or by Supreme Court under Art. 32 (ii) Such a power can be exercised even before the pronouncement of the judgment by the Trial Court.
(2018) 1 AICLR 240 : (2017) AIR(SCW) 5690 : (2017) AIR(SC) 5690 : (2017) 3 AllCrlRulings 3409 : (2017) AllSCR(Crl) 1928 : (2017) 4 BomCR(Cri) 661 : (2018) CriLJ…
Landlord & Tenant–Eviction–Parting with Possession-Appellant took shop for running ration shop in 1964-He entered into partnership in 1977 and parted with possession without consent of landlord- Eviction upheld on ground of parting with possession without the consent of landlord without adjudicating about the genuineness of the partnership agreement.
(2017) 179 AIC 245 : (2017) AIR(SCW) 3353 : (2017) AIR(SC) 3353 : (2017) AllSCR 1621 : (2017) 125 ALR 186 : (2017) 3 ARC 15 : (2017) 3…
Specific Relief Act, 1963, S.20–Specific Performance-Agreement to Sell—Once the Trial Court, first and second Appellant Court formed an opinion and decided to grant the specific performance of the agreement to the plaintiff in exercise of their respective discretionary powers, Supreme Court being the last court in hierarchy cannot disturb such concurrent findings while exercising power under Article 136 of the Constitution of India—Such concurrent findings are binding on Supreme Court.
(2018) 181 AIC 255 : (2017) AIR(SCW) 3601 : (2017) 4 AIRJharR 415 : (2017) AIR(SC) 3601 : (2017) AllSCR 1855 : (2017) 5 ALT 29 : (2017) 5…
Letter Patent Appeal—An ‘interlocutory order’ determining the rights of the parties in one way or other is also a ‘judgment’—Letter Patent Appeal against such interlocutory orders is maintainable. Impleadment of Assignee—Assignee of interest in suit can continue with suit only by leave of court.
(2018) AllSCR 1 : (2018) 1 ICC 685 : (2018) 1 JBCJ 65 : (2018) 1 JCR 182 : (2017) 4 JLJR 238 : (2017) 4 LawHerald(SC) 2778 : (2017) 4 PLJR 281 :…