Civil Procedure Code, 1908, O. 4, R. 2–Civil Procedure Code, 1908, S. 149–Court Fee Act, 1870, S. 4–Deficit Court fee–Plaintiff sought permission to make up deficiency–Court whether can allow the application without notice to the opposite party–Held; Yes–Court fee is a matter between State and the suitor.–Mention of a wrong provisions or non-mentioning of a provisions does not invalidate an order if the Court and/or statutory authority had the requisite jurisdiction.
2010(1) LAW HERALD (SC) 346 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Deepak Verma Civil Appeal No. 4643 of 2009…
Attachment of Assets–Bank can simultaneously proceed against borrow and guarantor
2010(1) LAW HERALD (SC) 342 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 4613 of 2000…
Deceased had graduated in Business Administration from U.K. where as a student, he was also doing part-time job earning an amount of 1,008 pounds (Rs. 80,000/-) p.m.–When the accident took place in India he was not working–Tribunal considering that he was still a student assessed his monthly income only at Rs. 18,000/- on notional basis–Fair amount of compensation should have been calculated 25,000/- p.m. being about 1/3rd of amount which he was receiving in U.K.–Appeal by insurance company dismissed and that of appellant allowed
2010(1) LAW HERALD (SC) 337 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal No. 3482 of 2009…
Specific Performance—Contract to Build—Suit by builder against the owner of premises for specific performance of a development agreement is maintainable
2018(4) Law Herald (SC) 2642 : 2018 LawHerald.Org 1621 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A M Khanwilkar Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Civil…
Pleadings—A litigant can take different stands at different times but cannot take contradictory stands in the same case
2018(4) Law Herald (SC) 2637 : 2018 LawHerald.Org 1620 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Hon’ble Mr. Justice…
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 (SC) 2629 : 2018 LawHerald.Org 1617 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Honble Mr. Justice Indu Malhotra Criminal Appeal No.…
Lynching—Mob Violence—The person/persons who has/have initiated, promoted, instigated or any way caused to occur any act of violence against cultural programmes or which results in loss of life or damage to public or private property either directly or indirectly, shall be made liable to compensate the victims of such violence
2018(4) Law Herald (SC) 2593 : 2018 LawHerald.Org 1616 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…
Arbitration–Award–Court not to upheld or set aside the unreasoned award by giving its own reasons–Matter should be remitted back to arbitral tribunal to pass a reasoned award.
2010(1) LAW HERALD (SC) 331 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.M. Lodha Civil Appeal No. 3089 of 2006…
Re-determination of compensation–If a person has applied under Section 18 and pursued the matter further, he is not entitled to maintain application under Section 28-A for determination of compensation.
2010(1) LAW HERALD (SC) 326 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Dr. Justice B.S. Chauhan Civil Appeal No. 1271 of 2002…
Right to private defence–It is available only to one who is suddenly confronted with the necessity of averting an impending danger not of self creation–A mere reasonable apprehension is enough to put the right of self defence into operation
2010(1) LAW HERALD (SC) 314 IN THE SUPREME COURT OF INDIA (Vacation Bench) Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Ashok Kumar Ganguly Criminal Appeal No.…