Accident—Negligence—Merely on the basis of the spot as per site map where the vehicle was found lying after the accident, it cannot be assumed that the appellant was driving the vehicle on the wrong side on the road at the relevant time Accident—Claim Petition—Non-examination of witness perse cannot be treated as fatal to the claim Accident—Claim Petition—Even when the accused were to be acquitted in the criminal case, the same may be no effect on the assessment of the liability to pay in claim before the tribunal
(2018) 2 ACC 118 : (2018) AIR(SC) 1900 : (2018) DNJ 478 : (2018) 4 JT 114 : (2018) 5 SCALE 363 SUPREME COURT OF INDIA DIVISION BENCH MANGLA RAM — Appellant…
Transfer of Property Act, 1882, S.54–Sale Deed-Execution of–Suit for partition—Ancestral property-Contention that sale deed executed by her father ‘D’ ‘was obtained by fraud as he was not keeping good health-Held; Sub-Registrar, who had registered the documents stated that the sale deed was executed by ‘D’ after he had explained to the parties about contents of sale deed-Attesting witnesses nowhere stated that ‘D’ was not in good state of mind at time of execution—No medical evidence has been produced in support of ill health of testator—Appeal dismissed.
2018(2) Law Herald (SC) 227 : 2018 LawHerald.Org 897 SUPREME COURT OF INDIA DIVISION BENCH KRISHNA DEVI — Appellant Vs. KESHRI NANDAN — Respondent ( Before : N.V. Ramana and S.…
Accident—Appeal—Conclusion by Tribunal was a possible view, which could not have been disturbed by the High Court in the appeal in a casual manner
(2018) AIR(SCW) 1640 : (2018) AIR(SC) 1640 : (2018) DNJ 442 : (2018) 3 JT 584 : (2018) 2 RCR(Civil) 736 : (2018) 5 SCALE 192: 2018(2) Law Herald (SC)…
Land Acquisition—Limitation for filing reference—Application for reference filed within limitation without details—Proper application after period of limitation—Initial request for reference treated as proper application in interest of justice
(2018) 2 RCR(Civil) 29 : (2018) 2 Scale 351 : (2018) 3 SCC 52 SUPREME COURT OF INDIA DIVISION BENCH SHAHID JAMAL — Appellant Vs. STATE OF U.P. — Respondent ( Before…
Right to Expression—Exhibition of films—Once the film is granted certificate by the competent statutory board; it is the duty of the State to facilitate the enjoyment of right which has the sanction of law
. (2018) 2 LawHerald(SC) 319 SUPREME COURT OF INDIA FULL BENCH HARINDER SINGH SIKKA — Appellant Vs. UNION OF INDIA — Respondent ( Before : Dipak Misra, CJI., A.M. Khanwilkar and Dr.…
Consumer—Commercial use—Purchase of machine for commercial activity to earn livelihood by mean of self employment—Purchaser would come within definition of consumer—Purchaser means and includes his family members also
2018(2) Law Herald (SC) 312 (2018) 2 RCR(Civil) 69 : (2018) 3 Scale 124 SUPREME COURT OF INDIA DIVISION BENCH PARAMOUNT DIGITAL COLOR LAB (M/S.) — Appellant Vs. AGFA INDIA PVT. LTD. (M/S.)…
Punjab Limitation (Custom) Act—Commencement of Limitation period–The date on which the decree is drawn would be the relevant date for commencement of limitation period—Mere passing of the judgment by the Court is not enough Limitation—Exclusion of Time—The expanse of Section 14 of the Act, is not limited to mere jurisdictional issue but also other cause of a like nature.
2018(2) Law Herald (SC) 280 (2018) 4 JT 10 : (2018) 2 RCR(Civil) 745 : (2018) 5 SCALE 201 SUPREME COURT OF INDIA DIVISION BENCH MOHINDER SINGH (DEAD) — Appellant Vs. PARAMJIT SINGH —…
Rape—False promise to marry—Parties lived together like a married couple for long years—Sexual intercourse in the course of such a relationship cannot be termed as ‘rape’—Proceedings quashed
2018(2) Law Herald (SC) 303 : 2018 LawHerald.Org 883 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.504 OF 2018 (Arising out of SLP(Crl.)…
Bar to Suit—Cause of Action—Relief of specific performance cannot be claimed along with relief of permanent injunction in same suit Withdrawal of suit—Bar to Suit—If the order granting permission to withdraw the suit does not specifically mention the fact of granting liberty to the plaintiff to file a fresh suit then filing of the second suit on different cause of action is not hit by O.2 R.2 CPC
(2018) 2 RCR(Civil) 782 : (2018) 5 SCALE 615 SUPREME COURT OF INDIA DIVISION BENCH SUCHA SINGH SODHI (D) — Appellant Vs. BALDEV RAJ WALIA — Respondent ( Before : R.K. Agrawal and Abhay Manohar Sapre,…
Admission of document—Opportunity to explain the admission contained in the admitted document is necessarily to be given to the contesting party.
(2018) AIR(SCW) 1240 : (2018) AIR(SC) 1240 : (2018) 2 RCR(Civil) 157 : (2018) 4 Scale 378 SUPREME COURT OF INDIA DIVISION BENCH AKHILESH SINGH @ AKHILESHWAR SINGH — Appellant Vs. LAL BABU SINGH —…