Murder–Death sentence–Murder of five innocent persons committed for ransom– Accused were not named in the FIR–FIR was lodged against unknown persons–Name of the appellants came into light during investigation–Appellants in prison for the last 14 years–Death sentence commuted into that of life imprisonment–Despite the nature of the crime, death penalty can be substituted with life sentence. Test Identification Parade–Merely because there was delay, the outcome of the identification parade cannot be thrown out if the same was properly done after following the procedure
Mulla v. State of U.P. 2010(1) LAW HERALD (SC) 609 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice H.L. Dattu Criminal…
Interest–The expression ‘appeal’ used in Section 7 of the Interest Act includes an application to set aside the arbitral award filed under Section 34 of the Arbitration Act, 1996.
2010(1) LAW HERALD (SC) 596 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 10 of 2010…
Appellant made reference before Labour Court–Labour Court concluded that the workman worked with the Department for a period of more than 240 days preceding the date of termination, thus directed reinstatement–High Court set aside the award of the Labour Court–Appeal–Appellant worked for 3 years without break during his service tenure–No reason given of his termination–Termination in contravention of the provisions of Section 25-F–High Court ought not to have interfered with the factual finding rendered by the Labour Court–Impugned order of the High Court set aside and that of the Labour Court restored.
2010(1) LAW HERALD (SC) 592 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 229 of 2010…
Regularization of services–Daily wagers–Merely because a temporary employee or a casual wage worker is continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent, merely on the strength of such continuance, if the original appointment was not made by following a due process of selection as envisaged by the relevant rules.
2010(1) LAW HERALD (SC) 589 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal Nos. 795-798 of…
Second Complaint–Maintainability of– Second complaint was on almost identical facts which was raised in the first complaint and which was dismissed on merits–So the second complaint was not maintainable.
2010(1) LAW HERALD (SC) 585 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. 203 of…
Discharge–Section 227 in the new Code confers special power on the Judge to discharge an accused at the threshold if upon consideration of the records and documents, he find that “there is not sufficient ground” for proceeding against the accused.
2010(1) LAW HERALD (SC) 578 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice H.L. Dattu Criminal Appeal No. 192 of 2010…
Allegations that the petitioners had been beaten or an attempt had been made to extort money from them or anyone else has been denied–These prayers cannot be permitted to be raised in a writ petition directly in the Supreme Court under Article 32 of the Constitution–No violation of basic requirement as laid down in case D.K. Basu supra were infringed–Show cause notices issued to the respondents dropped.
2010(1) LAW HERALD (SC) 576 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M. Panchal Writ Petition (Criminal) No. 17…
Reservation in Panchayats–Panchayats located in Scheduled Areas, the exclusive representation of Scheduled Tribes in the Chairperson positions of the same bodies at all three tiers is constitutionally permissible–Sections 17(B)(2), 36(B)(2) and 51(B)(2) of the Jharkhand Panchayat Reservation Act, 2001 are constitutionally valid provisions.
2010(1) LAW HERALD (SC) 558 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice J.M.…
Narcotics–Non-compliance of S. 42(2) of N.D.P.S. Act–Acquittal upheld.
2010(1) LAW HERALD (SC) 557 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. 957 of…
Partnership–Dissolution of–When there are only two partners constituting the partnership firm, on the death of one of them, the firm is deemed to be dissolved despite the existence of a clause which says otherwise
2010(1) LAW HERALD (SC) 548 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal Nos. 6933-6934 of 2002…