Succession—Probate Proceedings—Probate Court does not decide any question of title or of the existence of the property itself
2018(4) Law Herald (SC) 2792 : 2018 LawHerald.Org 1615 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice Ashok Bhushan Civil Appeal No.…
Family Settlement—Gift deed—A reversioner who consents to an alienation by a widow or other limited right heir made without legal necessity or to an invalid surrender and transferees from him are precluded from disputing the validity of the alienation though he may have received no consideration for his consent.
2018(4) Law Herald (SC) 2789 : 2018 LawHerald.Org 1614 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal No.…
Service Law—Appointment—Final list prepared on basis of performance in interview—Two candidates obtained same marks—Candidate appearing higher in list has preferential right for appointment.
2018(4) Law Herald (SC) 2783 : 2018 LawHerald.Org 1613 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A. M. Khanwilkar Hon’ble Mr.…
Medical Negligence—Post surgery ailments—Patient was not able to prove that the ailments which she suffered after she returned from the hospital were result of faulty surgery (removal of Gall Bladder) by the doctor and such aliments were not normal post surgery effect-Complaint dismissed.
2018(4) Law Herald (SC) 2772 : 2018 LawHerald.Org 1611 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Vineet Saran Civil Appeal No.3971…
Land Acquisition Act, 1894, S. 4 and S.3(c)–Issuance of Notification-Delegation of authority—State is empowered to appoint any officer other than a Collector or Deputy Commissioner to act as Collector—Such officer is empowered to extent of purpose mentioned in notification designating him as Collector—But relying upon same notification the designated officer cannot act as Collector in respect of other acquisition proceedings-Impugned notification u/s 4 issued by designated officer without being empowered for that is set aside.
2018(4) Law Herald (SC) 2767 : 2018 LawHerald.Org 1610 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice Deepak Gupta Civil Appeal…
In present case, investigation was not conducted by rank of police officer as directed by High Court-On this ground charge sheet was returned—Since, on 90th day there was no charge sheet before Magistrate to assess the situation and subsequent filing of charge sheet even after two days would be of no consequence-Accused held entitled to default bail—Bail granted.
2018(4) Law Herald (SC) 2758 : 2018 LawHerald.Org 1609 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Criminal Appeal…
Rape—Identification of Accused—Appellant not to be acquitted merely because the prosecutrix turned hostile and failed to identify the appellant in the court, if other overwhelming evidence is available on record.
2018(4) Law Herald (SC) 2753 : 2018 LawHerald.Org 1608 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogol Hon’ble Mr. Justice Navin Sinha Hon’ble Mr. Justice K.M.…
Consumer–Housing–Unwarranted and unnecessary delay in granting sanction of construction plan—Compensation awarded.
2018(4) Law Herald (SC) 2750 : 2018 LawHerald.Org 1612 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…
Surrender of site-Penalty–Demand for the balance penalty was made after more than 2 years and 6 months of the acceptance of surrender of the site–Demand quashed.
2010(2) LAW HERALD (SC) 748 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. 1640 of…
Dishonour of cheque–Vicarious liability–Offences by companies–Liability arises from being in-charge of and responsible for the conduct of the business of the company at the relevant time when the offence was committed and not on the basis of merely holding a designation or office in a company– Responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable . Dishonour of cheque–Vicarious liability on the part of a person must be pleaded and proved and not inferred.
2010(2) LAW HERALD (SC) 737 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice H.L. Dattu Criminal Appeal Nos. 320-336 of 2010…