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…
Evidence Act, 1872, S. 35–Juvenile Justice (Care & Protection of Children) Act, 2000, S. 68–Juvenile Justice (Care & Protection of Children) Rules 2001, R. 22–Age of Juvenile–Determination of age–An entry in a school register may not be a public document and, thus, must be proved in accordance with law–Medical opinion rendered in this case corroborates the entry made in the Admission register of the school ,having been proved in accordance with law, no reason as to why the same should not be taken into consideration–No infirmity in the order passed by the High Court.
2010(1) LAW HERALD (SC) 732 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 909 of 2009…
Appeal for enhancement of compensation–No submission made against the order of the High Court denying liberalised pension, hence not interfered with–Earnings of the deceased were a source of sustenance for the family–Besides, loss of a son at such a young age creates a void in the family, which cannot be filed up by making payment of any compensation–SC enhanced the amount to Rs. 2 lakhs.
2010(1) LAW HERALD (SC) 729 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal No. 140 of 2010…