Contempt of Courts, 1981, S.10–Proving of innocence–ln contempt proceedings, the contemnor has to be given an opportunity to establish his innocence
(2017) 178 AIC 141 : (2017) ALLMR(Cri) 3542 : (2017) 2 LawHerald(SC) 1699 : (2017) 8 Scale 385 SUPREME COURT OF INDIA DIVISION BENCH RAJIV DAWAR — Appellant Vs. HIGH COURT OF DELHI —…
That the Shiksha Mitras were never appointed as teachers as per applicable qualifications and are not covered by relaxation order under Section 23(2) of the RTE Act, they could not be appointed as teachers—-mandatory qualifications cannot be dispensed with. Regularization of Shiksha Mitras as teachers was not permissible.
(2017) 8 ADJ 173 : (2017) 4 AllWC 4037 : (2017) 124 ALR 31 : (2017) 3 ESC 570 : (2017) 3 HLT 226 : (2017) 7 JT 321 :…
Transfer of Property Act, 1881, S.60–Redemption of Mortgage-Under Order 34 CPC, the mortgagor can offer to pay at any time but before confirmation of sale–The sale having been confirmed before institution of the Suit for redemption, no right of redemption of the mortgage survives—Civil Procedure Code, 1908, O.34, R.1.
(2017) 176 AIC 264 : (2017) AIR(SCW) 3069 : (2017) 5 AIRBomR 81 : (2017) AIR(SC) 3069 : (2017) 5 ALLMR 459 : (2017) 124 ALR 200 : (2017)…
Arbitrator-Appointment of—Once the person who was required to arbitrate upon the disputes arisen under the terms and conditions of the contract becomes ineligible by operation of law, he would NOT be eligible- to nominate a person as an arbitrator.
(2017) AIR(SCW) 3889 : (2017) AIR(SC) 3889 : (2017) AllSCR 1633 : (2017) 4 ArbiLR 268 : (2017) 7 JT 17 : (2017) 3 LawHerald 2284 : (2017) 2 LawHerald(SC) 1638 :…
Eviction-Bonafide requirement of landlord concurrently upheld by court— Merely because another view is possible in exercise of the revisional jurisdiction, the High Court cannot upset the factual findings.
(2017) 178 AIC 147 : (2017) 3 ARC 19 : (2017) DNJ 897 : (2017) 3 JCR 202 : (2017) 8 JT 109 : (2017) 3 LawHerald 2282 : (2017) 2 LawHerald(SC) 1636 :…
Indian Penal Code, 1860, S.302 & S.34–Murder–Common Intention-Overt Act-lf common intention by meeting of minds is established in the facts and circumstances of the case, there is no need to prove overt act or possession of weapon, to establish common intention.
(2017) 101 ACrC 278 : (2017) 178 AIC 153 : (2017) 3 AICLR 685 : (2017) AIR(SCW) 3588 : (2017) AIR(SC) 3588 : (2017) ALLMR(Cri) 3543 : (2017) 2…
Prevention of Corruption Act, 1988, S.13–Bail–Harsh condition-Bail was granted to appellant on pre-condition of deposit of Rs. 50 lakhs as heavy losses were caused to government—Condition held to be onerous
(2017) 177 AIC 71 : (2017) 3 AICLR 639 : (2017) ALLMR(Cri) 2221 : (2017) CriLR 498 : (2017) 3 Crimes 392 : (2017) 4 JT 425 : (2017) 2 LawHerald(SC) 1247 : (2017)…
Murder—Acquittal—Non joining of independent witness—If the evidence of prosecution witness is not consistent and corroborated by o the r evidence the n non-examination of independent witness is fatal to prosecution case.
(2017) 100 ACrC 285 : (2017) 175 AIC 139 : (2017) 3 AICLR 539 : (2017) AIR(SCW) 2779 : (2017) AIR(SC) 2779 : (2017) 2 AllCrlRulings 1297 : (2017) AllSCR(Crl)…
Accident-Compensation–Insurance-Goods Vehicle–Vehicle involved in the accident was a goods vehicle–Insurance company not liable to pay compensation
2008(1) LAW HERALD (SC) 683 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 4946-4947 of…
Holding of Land–Section 3 of Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act indicates that land can be held by person in number of capacities.
2008(1) LAW HERALD (SC) 680 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 827 of…