Amendment of decree–Court may not have suo moto power to award a decree but same would not mean that court cannot rectify a mistake–If a property was subject matter of pleadings and court did not frame an issue which it ought to have done, it can, at later stage when pointed out may amend the decree — Decree–When the parties have brought on records by way of pleadings and/or other material that apart from property mentioned by plaintiff in his plaint, there are other properties which could be a subject matter of partition, the court would be entitled to pass a decree even in relation thereto.
2009(1) LAW HERALD (SC) 14 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. 7008 of 2008…
Evidence Law–Extra Judicial confession–Circumstantial evidence–An extra judicial confession is, on the face of it, a weak piece of evidence and the Courts are reluctant in the absence of a chain of cogent circumstances to rely on this evidence for the purpose of recording a conviction–Evidence Act, 1872, Section 3 and 24.
2009(1) LAW HERALD (SC) 11 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 377 of…
Cooperative Law–Revision–Recovery of dues–Recovery certificates issued against appellant for recovery of dues to cooperative bank–Petitioner filed application before Divisional Joint Registrar, who ordered to maintain status quo and set aside recovery certificate–High Court set aside impugned order–Appeal against–Order upheld by Supreme Court
2009(1) LAW HERALD (SC) 7 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Special Leave Petition (C) No. 18563…
Land and Property Law–Acquisition of land–Lapsing of Reservation–Land reserved under development plan–Land not acquired within 10 years of final plan and no steps under Land Acquisition Act were commenced–After 10 years, land owner served notice under Section 127 of Act of 1966 to authorities to acquire land, within six months or take steps to acquire it–No action from authorities–Reservation lapsed and land has to be released in favour of the appellant
2009(1) LAW HERALD (SC) 6 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice Aftab Alam Civil Appeal No. 7801 of 2002…
Dishonour of cheque–Appeal against acquittal–Complaint dismissed by Trial Court–High Court without assigning reason refused to grant leave–On the plainest consideration of justice, the High Court ought to have set forth its reasons, howsoever brief, in its order indicative of an application of its mind, all the more when its order is amenable to further avenue of challenge
2009(1) LAW HERALD (SC) 4 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 810…
Voluntarily causing hurt with dangerous weapons–The facts involved in a particular case, depending upon various factors like size, sharpness, would throw light on the question whether the weapon was a dangerous or deadly weapon or not–That would determine whether in the case Section 325 or Section 326 IPC would be applicable.
2009(1) LAW HERALD (SC) 1 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 1956…
Arbitration Agreement –Contract–Valid contract–In the absence of signed agreement between the parties, it would be possible to infer from various documents duly approved and signed by the parties in the form of exchange of e-mails, letter, telex, telegrams and other means of tele-communication.
2010(2) LAW HERALD (SC) 805 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam Arbitration Petition No. 10 of 2009 Trimex International FZE Ltd. Dubai v.…
Civil Procedure Code, 1908, S. 11–Res judicata–“When the earlier decision declares valid a transaction which is prohibited by law” it does not operate as res judicata–Res judicata will not operate as a bar for entertaining a fresh cause of action
2010(2) LAW HERALD (SC) 787 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice A.K. Patnaik Civil Appeal No. 3038 of 2007…
Courts below held that the petitioners had knowledge of the concession made in favour of C and negated their contention that they were not aware of the same till they signed the compromise petition before this Court in another appeal–Order, upheld–No reason to interfere with the judgment and order of the High Court impugned in these proceedings-
2010(2) LAW HERALD (SC) 781 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Special Leave Petition (Civil) No. 6286…
Medical Negligence–As long as the doctors have performed their duties and exercised an ordinary degree of professional skill and competence, they cannot be held guilty of medical negligence.
2010(2) LAW HERALD (SC) 763 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No.1385 of 2001…