Cost–Award of cost in Civil Suit–Both the parties did not come to Court with clean hands–High Court directed each party to pay cost of Rs. One lakh–Order upheld.
2009(1) LAW HERALD (SC) 462 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice J.M.Panchal Petition for Special Leave to Appeal (Civil)…
Accident Law–Permanent disability–Earning capacity–Appellant was aged 15 years when he met with an accident on 14.9.1998 as a result whereof he sustained serious injuries and suffered permanent disability to the extent of 70% of his left lower limb which had to be amputated–Loss of earning capacity should be treated as 60% of the monthly income–His annual income assessed at Rs. 21,600/
2009(1) LAW HERALD (SC) 459 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7430 Of 2008…
Family Pension–Dependents of the deceased ad hoc appointees are not entitled to grant of ‘family pension’ in terms of the provisions of Punjab Civil Services Rules.
2009(1) LAW HERALD (SC) 449 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 6271 of…
Conviction–Case based on documents which were maintained by accused himself–Independent witness turned hostile–Trial cannot be held to be unfair.
2009(1) LAW HERALD (SC) 443 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. 2086 of 2008…
Murder–Suspension of sentence–Bail during pendency of appeal–Accused charged for mercilessly assaulting deceased–High Court granted bail during pendency of appeal–Held; Appellate court is duty-bound to objectively assess the matter and to record reasons for the conclusion that the case warrants suspension of execution of sentence and grant of bail
2009(1) LAW HERALD (SC) 440 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Criminal Appeal No. 141…
Will–Will is required to be attested and therefore, it cannot be used as evidence until at least one of attesting witness is called for the purpose of providing its executions provided such attesting witness is alive and subject to the process of Court and capable of giving evidence. Pleading–Non filing of Replication–Mere non filing of a replication does not and could not mean that there has been admission of facts pleaded in written statement.
2009(1) LAW HERALD (SC) 434 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 7082 of…
Evidence Law–May presume and shall presume–Difference between–In the former case the Court has an option to raise the presumption or not, but in the latter case, the Court must necessarily raise the presumption–If in a case the Court has an option to raise the presumption and raises the presumption, the distinction between the two categories of presumptions ceases and the fact is presumed, unless and until it is disproved–Evidence Act, 1872, Section 4.
2009(1) LAW HERALD (SC) 428 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2045 of 2008…
Narcotics—Recovery of bulk of manufactured drugs without any valid authorization—Accused to be tried under NDPS Act and not under Drugs and Cosmetics Act merely because recovered substance was “manufactured drugs”
2018(4) Law Herald (SC) 3220 : 2018 LawHerald.Org 1933 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Rarnana Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble…
Infringement of Trademark-Passing of-Division Bench of High Court held that substitution of letter ‘T’ for letter ‘O’ would create confusion on the ground of deceptive similarity—Reputation of plaintiffs Trademark has been established and there is likelihood of its damage—Findings of Division bench upheld
2018(4) Law Herald (SC) 3198 : 2018 LawHerald.Org 1929 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No. 9844…
Remand of Case—After allowing the application for additional evidence in appeal High Court not justified in remanding the case to trial court for recording of the evidence—It can be done by competently by first Appellate Court Additional evidence of appellate stage—Allowing of application does not mean that document are to be directly exhibited as record on file—Such documents are required to be proved as per law before being considered
2018(4) Law Herald (SC) 3186 : 2018 LawHerald.Org 1927 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.…