Amendment of Plaint—Stage of litigation—Power to allow the amendment is wide and can be exercised at any stage of the proceeding in the interest of justice.
2018(2) Law Herald (SC) 707 : 2018 LawHerald.Org 1018 SUPREME COURT OF INDIA DIVISION BENCH GURBAKHSH SINGH — Appellant Vs. BUTA SINGH — Respondent ( Before : Arun Mishra and Uday Umesh Lalit,…
Res judicata—Second suit before expiry of period of limitation for filing an appeal in first suit—Entire fact circumstance in each case must be looked at before deciding whether to proceed with the second proceeding on the basis of res judicata or to adjourn and/or stay the second proceeding to await the outcome in the first proceeding.
2018(2) Law Herald (SC) 678 : 2018 LawHerald.Org 1015 SUPREME COURT OF INDIA DIVISION BENCH CANARA BANK — Appellant Vs. N.G. SUBBARAYA SETTY — Respondent ( Before : Adarsh Kumar…
Accident—Insurance—Permit—Plying of transport vehicle without any kind of permit is fundamental breach of policy—Insurance company not liable.
(2018) 2 ACC 638 : (2018) 7 SCALE 502 SUPREME COURT OF INDIA DIVISION BENCH AMRIT PAUL SINGH — Appellant Vs. TATA AIG GENERAL INSURANCE CO. LTD. — Respondent ( Before : Dipak Misra,…
Criminal Complaint—Defacto complainant cannot be allowed to pursue the prosecution independently before session court by engaging private counsel.
2018(2) Law Herald (SC) 677 : 2018 LawHerald.org 1019 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice J. Chelameswar Hon’ble Mr. Justice Sanjay Kishan Kaul Petitions) for Special…
IMP :: Accident—Future Prospects—Standardized percentage is capable of being varied if the evidence is so led—100% increment can also be awarded.
(2018) 4 JT 391 : (2018) 2 PLR 483 : (2018) 5 SCALE 759 2O18(2) Law Herald (SC) 663 : 2018 LawHerald.Org 1070 SUPREME COURT OF INDIA DIVISION BENCH…
Perjury—Mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution
(2018) 4 JT 483 SUPREME COURT OF INDIA DIVISION BENCH PROF. CHINTAMANI MALVIYA — Appellant Vs. HIGH COURT OF MADHYA PRADESH — Respondent ( Before : Arun Mishra and Uday Umesh Lalit, JJ.…
Indian Penal Code, 1860, S.302 & S.498-A-Murder–Cruelty to wife- Bail-Charge of serious offences that by itself cannot be the ground to out. rightly deny the benefit of bail if there are other overwhelming circumstances justifying grant of bail—Criminal Procedure Code, 1973, 439
(2018) 4 JT 314 : (2018) 6 SCALE 76 SUPREME COURT OF INDIA DIVISION BENCH SEEMA SINGH — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : A.K. Sikri and…
Murder—Motive—Accused hit the deceased with the wooden log, there is absence of extreme cruelty—Accused acquitted
(2018) AIR(SC) 2386 : (2018) CriLR 509 : (2018) 7 SCALE 350 2018(2) Law Herald (SC) 629 : 2018 LawHerald.Org 1007 SUPREME COURT OF INDIA DIVISION BENCH KUMAR — Appellant…
IMP::: In view of the decision of this Court in Sukhdev Singh Vs. Union of India & Ors. reported in (2013) 9 SCC 566, there cannot be any dispute on this aspect. This Court has settled the law that uncommunicated and adverse ACRs cannot be relied upon in the process. The competent authority is directed to ignore the uncommunicated adverse ACRs and take a fresh decision in accordance with law.
HEAD NOTE:::: Uncommunicated Adverse Annual Confidential Reports Can’t Be Relied Upon To Deny Promotion, Reiterates SC… In view of the decision of this Court in Sukhdev Singh Vs. Union of…
‘One who holds possession on behalf of another, does not by mere denial of the other’s title, make his possession adverse so as to give himself the benefit of the statute of limitation.’… Can’t Acquire Adverse Possession By Simply Remaining In Permissive Possession For Howsoever Long It May Be: SC Exposits Law On Adverse Possession
Can’t Acquire Adverse Possession By Simply Remaining In Permissive Possession For Howsoever Long It May Be: SC Exposits Law On Adverse Possession ‘One who holds possession on behalf of another,…