Stay of Proceedings-Parties were before arbitrator and award has been passed and only question survives is of interest payable-Against award party has remedy of Revision u/s 34 of the Arbitration Act-Bank directed to stay proceedings under SARFAESI Act till final award is passed.
(2017) 172 AIC 252 : (2017) 121 ALR 904 : (2017) 2 LawHerald(SC) 1341 : (2017) 135 RD 734 : (2017) 3 SCALE 262 : (2017) 5 SCC 227 SUPREME COURT OF INDIA DIVISION…
Departmental Traps–The violation thereof, if any, by the investigation officer would not ipso facto vitiate the disciplinary proceedings. Writ–Administrative Instructions–Even if there has been any break of executive instructions that does not confer any right on the member of the public to ask for a writ against Govt.
2008(1) LAW HERALD (SC) 501 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 5033 of…
High Court while allowing appellant to withdraw appeal, passed an order of status quo for a period of two weeks–Held; once appeal permitted to be withdrawn, Court become functus offico–It ex facie had no jurisdiction to pass such interim order–Civil Procedure Code, 1908, Order 41 and 23.
2008(1) Law Herald (SC) 494 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5831 of…
Closure of Unit–The policy decision is not likely to have beneficial effect unless the same is sustainable on the touchstone of rationality.
2008(1) LAW HERALD (SC) 491 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 5495 of 2000…
Expert Evidence–Ballistic Expert’s opinion that bullet which caused the injury to deceased was not fired gun used by accused, accused entitled to benefit of doubt.
2008(1) LAW HERALD (SC) 487 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 437 of 2006…
Precedent–It is not everything said by a judge while giving a judgment constitutes a precedent. Precedent–Judges interpret statues, they do not interpret judgment.
2008(1) LAW HERALD (SC) 483 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 2874 of…
Pay Scale–When a concession was extended as distinct from implementing a specific recommendation of the Pay Commission with reference to a particular period of time, it is open to the Govt. to provide that the benefit it proposes to give, would be available only from a notified date. Cadre–Merger of Cadre–Court cannot issue direction for merger of cadre.
2008(1) LAW HERALD (SC) 477 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2468-2469 of 2005…
Doctrine of relation back–As and when application is accepted and order is passed, it must relate back to date when application was filed.
2008(1) LAW HERALD (SC) 474 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 1579 of 2001…
Last seen together–Judgment of convictions cannot be founded on the sole circumstances of deceased’s having been last seen with accused.
2008(1) LAW HERALD (SC) 468 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 1107 of 2005…
Acid Attack–Reduction in Sentence—Crime of this nature does not deserve any kind of clemency—It is collectively intolerable.
(2017) 99 ACrC 947 : (2017) 174 AIC 250 : (2017) 2 AICLR 622 : (2017) AIR(SCW) 1166 : (2017) AIR(SC) 1166 : (2017) 1 AllCrlRulings 1029 : (2017)…