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Service Law — Appointment — Advertisement for regular posts — Appellant applied for Assistant Professor on regular basis as per advertisement for Pay Band-IV and Pay Band-III. The advertisement did not mention any contractual appointments. Criminal Procedure Code, 1973 — Section 161 — Evidence Act, 1872 — Section 157 and 145 — Hostile Witness — Evidence of a hostile witness remains admissible and can be accepted to the extent that their version is found dependable on careful scrutiny, and can be used to acquit the accused if it inspires credibility when read with other evidence — Such evidence can be employed to discredit the prosecution case. Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of arbitrator — Dispute regarding existence of arbitration agreement — Held, incorporation of arbitration clause from earlier document into later contract requires clear intention to incorporate, not mere reference. Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court’s power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply. Consumer Protection Act, 1986 — Applicability of Order 22 of CPC to death of parties — Section 13(7) made Order 22 of CPC applicable to death of complainant or opposite party, allowing substitution of legal heirs if the right to sue survives — This procedural rule must be harmoniously construed with substantive law like Section 306 of Indian Succession Act, 1925, which governs survivability of causes of action
Service Law — Appointment — Advertisement for regular posts — Appellant applied for Assistant Professor on regular basis as per advertisement for Pay Band-IV and Pay Band-III. The advertisement did not mention any contractual appointments.
Service
Service Law — Appointment — Advertisement for regular posts — Appellant applied for Assistant Professor on regular basis as per advertisement for Pay Band-IV and Pay Band-III. The advertisement did not mention any contractual appointments.
Criminal Procedure Code, 1973 — Section 161 — Evidence Act, 1872 — Section 157 and 145 — Hostile Witness — Evidence of a hostile witness remains admissible and can be accepted to the extent that their version is found dependable on careful scrutiny, and can be used to acquit the accused if it inspires credibility when read with other evidence — Such evidence can be employed to discredit the prosecution case.
Cr P C
Criminal Procedure Code, 1973 — Section 161 — Evidence Act, 1872 — Section 157 and 145 — Hostile Witness — Evidence of a hostile witness remains admissible and can be accepted to the extent that their version is found dependable on careful scrutiny, and can be used to acquit the accused if it inspires credibility when read with other evidence — Such evidence can be employed to discredit the prosecution case.
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of arbitrator — Dispute regarding existence of arbitration agreement — Held, incorporation of arbitration clause from earlier document into later contract requires clear intention to incorporate, not mere reference.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of arbitrator — Dispute regarding existence of arbitration agreement — Held, incorporation of arbitration clause from earlier document into later contract requires clear intention to incorporate, not mere reference.
Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court’s power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply.
Constitution
Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court’s power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply.
Consumer

The Commission does have the jurisdiction to dismiss the complaint in limine and decline its admission without notice to the opposite party. However, such jurisdiction to dismiss the complaint in limine has to be exercised by the Commission having regard to facts of each case, i.e., in appropriate case.

May 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S ANJANEYA JEWELLERY — Appellant Vs. NEW INDIA ASSURANCE CO.LTD. AND OTHERS — Respondent ( Before : Abhay Manohar Sapre and Dinesh Maheshwari, JJ.…

Service Matters
Service

Service Law-Arrears of Pay—Date of first appointment-Delay & Latches-­Appellant was appointed on contract basis against a reserved post due to non-availability of candidate–As per orders advertisement was issued continuously for 5 years but no candidate from reserved category was found—Appellant gave representations for de-reserving the post as per office orders

May 12, 2019 sclaw

2019(2) Law Herald (SC) 1054 : 2019 LawHerald.Org 820 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M. R. Shah Civil Appeal…

C P C

Transposing of defendants as plaintiffs—Basic requirement for exercise of powers under Order 23 Rule 1-A CPC would be to examine if the plaintiff is seeking to withdraw or to abandon his claim and the defendant seeking transposition is having an interest in the subject-matter of the suit and thereby, a substantial question to be adjudicated against the other defendant

May 12, 2019 sclaw

2019(2) Law Herald (SC) 1083 : 2019 LawHerald.Org 823 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…

Evidence Act

Dying Declaration—Need for Corroboration—Where the victim was administered sedative as pain killers before making the statement, the victim being in state of delusion cannot be ruled out—In such circumstance there is need for corroborative evidence for relying upon dying declaration.

May 12, 2019 sclaw

2019(2) Law Herald (SC) 1157 : 2019 LawHerald.Org 830 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S. A. Bobde Honble Mr. Justice Deepak Gupta Criminal Appeal Nos.…

Civil Cases

Benami Transactions—Financial Assistance—Merely because some financial assistance has been given by the father to the sons to purchase the properties, the transactions cannot be said to benami in nature. Benami Transactions—Intention of the person who contributed the purchase money is determinative of the nature of transaction–Source of money had never been the sole consideration—It is merely one of the relevant considerations but not determinative in character

May 12, 2019 sclaw

2019(2) Law Herald (SC) 1163 : 2019 LawHerald.Org 831 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M. R. Shah Civil Appeal…

Cheque Dishonour

Dishonour of Cheque—Friendly Loan—Failure of complainant to prove the source of funds for advancing loan to accused cannot be a ground rebutting the presumption u/s 139 N.I. and because of that burden of proof on accused to prove probable defence does not get shifted on complainant. Dishonour of Cheque—Rebuttable Presumption—By mere denial or mere creation of doubt the presumption u/s 139 N.I. act cannot be held to have been rebutted by the accused

May 5, 2019 sclaw

2019(2) Law Herald (SC) 1029 : 2019 LawHerald.Org 784 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…

C P C

Un­ necessary Amendment—Amendment was sought belatedly when suit was fixed for final arguments—Further, suit could still be decided even without there being any necessity to seek any amendment in the plaint—Application for amendment of plaint held to be rightly dismissed by Trial Court.   

May 5, 2019 sclaw

2019(2) Law Herald (SC) 1027 : 2019 LawHerald.Org 838 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre  Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…

You missed

Service

Service Law — Appointment — Advertisement for regular posts — Appellant applied for Assistant Professor on regular basis as per advertisement for Pay Band-IV and Pay Band-III. The advertisement did not mention any contractual appointments.

May 14, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 — Section 161 — Evidence Act, 1872 — Section 157 and 145 — Hostile Witness — Evidence of a hostile witness remains admissible and can be accepted to the extent that their version is found dependable on careful scrutiny, and can be used to acquit the accused if it inspires credibility when read with other evidence — Such evidence can be employed to discredit the prosecution case.

May 14, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of arbitrator — Dispute regarding existence of arbitration agreement — Held, incorporation of arbitration clause from earlier document into later contract requires clear intention to incorporate, not mere reference.

May 14, 2026 sclaw
Constitution

Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court’s power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply.

May 12, 2026 sclaw