Arbitration—Interest on Award—In an international commercial arbitration, in the absence of an agreement between the parties on interest, the rate of interest awarded would be governed by the law of the seat of arbitration Arbitration—Interest on Award—International commercial agreement–When the parties do not operate in the same currency, a uniform rate of interest for both the currencies would not be justified
2019(1) Law Herald (SC) 9 : 2018 LawHerald.Org 1918 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Rohinton Fall Nariman Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…
Indian Penal Code, 1860, S. 306-Abetment to Suicide–Quashing–Mens rea–High Court ought not to have gone into whether there was requisite mental element or intention on part of accused during the pendency of investigation and pendency of filing of charge sheet
2019(1) Law Herald (SC) 4 : 2018 LawHerald.Org 1859 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Criminal…
Service Law—Appointment—Judicial Officer—Acquittal in criminal case involving moral turpitude cannot be a ground to deny appointment.
2019(1) Law Herald (SC) 1 : 2018 LawHerald.Org 1749 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr. Justice…
Re-assessment–Police Training–Deficiency, if any, in not allotting proper marks by authorities cannot deprive them of the benefit which they have already obtained.
2009(1) LAW HERALD (SC) 471 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh…
Limitation–Under Section 28 of Contract Act, parties are entitled to provide a period of limitation shorter than that prescribed under Limitation Act.
2009(1) LAW HERALD (SC) 466 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. 6347 of…
Insurance Contract–An apprentice is not an employee in common parlance.
2009(1) LAW HERALD (SC) 465 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice R.M. Lodha Civil Appeal No(s). 7972 of…
Cost–Award of cost in Civil Suit–Both the parties did not come to Court with clean hands–High Court directed each party to pay cost of Rs. One lakh–Order upheld.
2009(1) LAW HERALD (SC) 462 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice J.M.Panchal Petition for Special Leave to Appeal (Civil)…
Accident Law–Permanent disability–Earning capacity–Appellant was aged 15 years when he met with an accident on 14.9.1998 as a result whereof he sustained serious injuries and suffered permanent disability to the extent of 70% of his left lower limb which had to be amputated–Loss of earning capacity should be treated as 60% of the monthly income–His annual income assessed at Rs. 21,600/
2009(1) LAW HERALD (SC) 459 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. 7430 Of 2008…
Family Pension–Dependents of the deceased ad hoc appointees are not entitled to grant of ‘family pension’ in terms of the provisions of Punjab Civil Services Rules.
2009(1) LAW HERALD (SC) 449 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. 6271 of…
Conviction–Case based on documents which were maintained by accused himself–Independent witness turned hostile–Trial cannot be held to be unfair.
2009(1) LAW HERALD (SC) 443 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. 2086 of 2008…