Indian Penal Code, 1860, S.302–Murder–Abscondence–Acquittal-Mere fact that the two accused may have absconded immediately and the fact that false information may have been given about the whereabouts of the deceased are not enough to complete the chain of circumstances.
(2017) 101 ACrC 926 : (2017) 177 AIC 198 : (2017) 2 AICLR 353 : (2017) AIR(SCW) 1327 : (2017) AIR(SC) 1327 : (2017) AllSCR(Crl) 1136 : (2017) 2 ALT(Crl)…
Constitution of India, 1950, Article 21-Right to Fair Trial-Scope of–Held;(i) The right to fair trial is not singularly absolute, as is perceived, from the perspective of the accused—It takes in its ambit and sweep the right of the victim(s) and the society at large
(2017) 99 ACrC 270 : (2017) 172 AIC 202 : (2017) 3 AICLR 573 : (2017) AIR(SCW) 1079 : (2017) 2 AIRBomR(Cri) 18 : (2017) AIR(SC) 1079 : (2017) AllSCR(Crl)…
Money Laundering—Bail—Twin conditions imposed for grant of bail under 2002 Act are constitutionally invalid and S.45 of 2002 Act is struck down as a whole.
(2018) 181 AIC 200 : (2017) AIR(SCW) 5500 : (2017) AIR(SC) 5500 : (2018) AllSCR(Crl) 158 : (2018) 1 BomCR(Cri) 508 : (2018) CriLJ 721 : (2017) CriLR 1207 :…
Civil Procedure Code, 1908, S.96 and O.41 R.31–First Appeal- Judgment of the appellate court shall state: the points for determination; the decision thereon; the reasons for the decision; and where the decree appealed from is reversed or varied, the relief to which the appellant is entitled.
(2018) 181 AIC 1 : (2017) AIR(SCW) 5604 : (2018) 1 AirKarR 392 : (2017) AIR(SC) 5604 : (2018) 126 ALR 453 : (2018) 2 AndhLD 16 : (2018) 1…
Once the order of DRT and DRAT has become final and parties acted upon accordingly then action of court commissioner in approaching MSMEDF council for arbitration award is illegal and invalid-Impugned orders of MSMEDF council and of High Court upholding orders of council, set aside.
(2018) 181 AIC 14 : (2018) AIR(SCW) 161 : (2018) AIR(SC) 161 : (2018) 126 ALR 463 : (2018) 1 BC 407 : (2018) 1 BCR 351 : (2017) 4 LawHerald(SC) 3200 : (2018)…
Service Law—Appointment—Primacy of Consultation—Where a Selection Committee has been constituted, the consultation with other department is only a process of discussion which has to be taken into consideration while making recommendation by the Selection Committee—It cannot be said to have a primacy.
(2017) AIR(SCW) 5599 : (2017) AIR(SC) 5599 : (2018) 1 ApexCourtJudgments(SC) 259 : (2017) 4 ESC 804 : (2018) 1 JCR 294 : (2017) 11 JT 429 : (2017) 4LawHerald(SC) 3193 : (2018)…
Service Law—Selection-Minimum marks in viva-voce—Whether the introduction of the requirement of the minimum marks for interview, after the entire selection process (consisting of written examination and interview) was completed, would amount to changing the rules of the game after the game was played which is clearly impermissible—Matter referred to larger bench.
(2017) 4 ESC 818 : (2018) 1 JCR 306 : (2017) 4 LawHerald(SC) 3191 : (2017) 13 Scale 483 : (2018) 1 SCC 239 : (2018) 1 SCC(L&S) 23 : (2017) 4 SCT 792…
Agreement to Sell—Second Appeal—Plea relating to limitation and cancellation of agreement cannot be permitted to be raised, for the first time, in second appeal. Agreement to Sell—Agreement to sell in itself does not create any interest in the land nor does it amount to sale under Section 54 of the T.P. Act— It only enables the intending buyer to claim specific performance of such agreement on proving its terms—In other words, there lies a distinction between an agreement to sell, and sale.
(2018) 181 AIC 98 : (2018) AIR(SCW) 49 : (2018) AIR(SC) 49 : (2018) 126 ALR 469 : (2017) DNJ 1095 : (2017) 12 JT 38 : (2017) 4 LawHerald(SC) 3179 : (2018) 1…
Eviction—Renewal of Lease—Mere term in the lease agreement for renewal of lease deed does not ipso facto extend the tenure or term of the lease. Eviction—Creation of third party rights in tenancy is not same as Subletting.
(2018) 181 AIC 23 : (2017) AIR(SCW) 5829 : (2017) AIR(SC) 5829 : (2018) 1 AllLJ 689 : (2018) AllSCR 167 : (2017) 12 JT 611 : (2017) 4 LawHerald(SC) 3174 : (2018) 1…
Land Acquisition—Notification—Civil Court has no jurisdiction to decide the validity of the acquisition notification & proceedings arising there from.
(2018) 181 AIC 80 : (2017) AIR(SCW) 5805 : (2018) 1 AirKarR 427 : (2017) AIR(SC) 5805 : (2018) 1 AllWC 173 : (2018) 126 ALR 448 : (2017) 4 LawHerald(SC) 3166 : (2018)…