Accident—Personal Expenses—Where the family of the bachelor is large and dependent on the income of the deceased, his personal and living expenses maybe restricted to one-third, as contribution to the family will be taken as two-third. Accident—Just Compensation—More than claimed—Court is duty bound and entitled to award “just compensation”, irrespective of whether any plea in that behalf was raised by the claimant or not. Accident—Filial Consortium—It is the right of the parents to compensation in the case of an accidental death of a child—An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. Accident—Interest on Compensation—Deceased was aged 24 years and his income assessed as that of unskilled worker—Compensation awarded with 12% interest p.a. from date of filing claim petition.
2018(4) Law Herald (P&H) 2786 (SC) : 2018 LawHerald.Org 1582 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mrs. Justice InduMalhotra C/V/7 AppeaJ No.…
Landlord & Tenant—Eviction—Change of User—In rent agreement there was no restriction on tenant to run business only relating to the saw mill-Tenant was given liberty to carry on any other business as well—Tenant changed his business from saw mill to manufacturing of grills—Eviction petition ground of change of user dismissed
2018(4) Law Herald (P&H) 2774 (SC) : 2018 LawHerald.Org 1581 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. NageswaraRao Hon’ble Mr. Justice Mohan M. Shantanagoudar C/V/7 Appeal…
Corruption—Criminal Conspiracy—Accused and Co-accused were acquitted under S.120-B IPC—Co-accused was also acquitted under Corruption Act—Accused also entitled for his clean acquittal under Corruption Act.
2018(4) Law Herald (P&H) 2767 (SC) : 2018 LawHerald.Org 1617 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice InduMalhotra Criminal Appeal No.…
Agreement to Sell—Readiness and Willingness—Purchaser could not produce any document to show that he had the balance sale consideration with him on the relevant date—Subsequent deposit of sale consideration in appeal is of no consequence—Suit dismissed
2018(4) Law Herald (P&H) 2772 (SC) : 2018 LawHerald.Org 1619 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No(S).…
Consumer Complaint—Arbitration Clause in agreement cannot oust the jurisdiction of consumer courts even after the amendments made in 2015 in Section 8 of Arbitration Act. Arbitration—Amendment of 2015—Scope of—Judicial authority can refuse reference to arbitration only on the ground that it prima facie finds that no valid arbitration agreement exists.
2019(1) Law Herald (SC) 63 : 2018 LawHerald.Org 1961 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice Ashok Bhushan Review Petitoin (C)…
Murder—Identification of Accused—Specific identification of the four accused, from a group of 200- to 300 rioters, with 100% perfection; without a mention of any distinguishing marks seems highly improbable—Accused acquitted. Murder—Test Identification Parade—No reasonable explanation provided for such an inordinate delay of 55 days in conducting the TIP— Accused acquitted Murder—Gunshot Injury—Both the Post -Mortem report and the F.S.L. report are incompatible with each other with regard to exit wound and recovery of bullet—Accused acquitted. Murder—Benefit of doubt arising out of inefficient/defective investigation must be bestowed upon the accused.
2019(1) Law Herald (SC) 55 : 2018 LawHerald.Org 1960 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal…
Maintenance—Woman who is not legally wedded wife can claim maintenance under Domestic Violence Act if not entitled to maintenance under S.125Cr.P.C
2019(1) Law Herald (SC) 53 : 2018 LawHerald.Org 1959 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Ranjan Gogoi Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr.…
Identity of victim of sexual offences—Directions issued that no person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large.
2019(1) Law Herald (SC) 26 : 2018 LawHerald.Org 1938 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Madan B. Lokur Hon’ble Mr. Justice Deepak Gupta Writ Petition (Civil)…
Cheating—Merely because the accused has not paid the amount due and payable under the agreement; no offence u/s 406 & 420 IPC is made out—Dispute is of civil nature—Complaint quashed.
2019(1) Law Herald (SC) 50 : 2018 LawHerald.Org 1958 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice M. R. Shah Criminal Appeal…
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.…