Advocates—An advocate cannot work merely as mouth piece of his client while making presentation before the Court—He must tell the Court the correct position of law The College being affiliated to the University was bound by the provisions of the Act with its attendant consequences for noncompliance-Order of termination, passed without approval of Vice chancellor in violation of statutory rules, set aside.
2019(2) Law Herald (SC) 1578 : 2019 LawHerald.Org 1015 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice Navin Sinha Civil Appeal No(s). 4794…
No reason as to why he could not name other assailants if he had actually identified them at the spot of occurrence-Grave doubt as to presence of present accused at place of incidence-Appellants acquitted.
2019(2) Law Herald (SC) 1575 : 2019 LawHerald.Org 1014 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice Sanjay Kishan Haul Hon’ble Mr. Justice…
Summoning of additional accused—Whether the trial court issue summons u/s 319 CrPC when the trial with respect to other co-accused has ended—Question referred to larger bench
2019(2) Law Herald (SC) 1565 : 2019 LawHerald.Org 1012 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…
Dowry Demand—Complainant contended that they collected and contributed towards payment of dowry but failed to prove the source of collection as contended—Demand held to be not proved
2019(2) Law Herald (SC) 1572 : 2019 LawHerald.Org 1013 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Mr. Justice M.R. Shah Criminal Appeal Nos. 1013-1014…
Consumer Complaint—Complaint should not be dismissed on mere technicality—Marginal delays should be condoned
2019(2) Law Herald (SC) 1563 : 2019 LawHerald.Org 1011 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Honble Mr. Justice Hemant Gupta Civil Appeal…
Consumer—Housing—Delay in delivery of Possession—Interest on refund of amount—One sided clause in agreement would not preclude the buyer from claiming reasonable interest or compensation
2019(2) Law Herald (SC) 1560 : 2019 LawHerald.Org 1010 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice Hemant Gupta Civil Appeal…
Final Report—Magistrate cannot issue direction to police to file charge sheet—Such a direction is wholly unsustainable
2019(2) Law Herald (SC) 1556 : 2019 LawHerald.Org 1007 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.614…
Held; the basis on which the matter was considered by the Division Bench was incorrect and secondly, the matter was also not considered from the perspective of relevant governing Regulations-The orders of sanction in all these three matters highlight the acts of commission and omission on part of the concerned Respondents as a result of which there was wrongful loss to the State and public interest was compromised
2019(2) Law Herald (SC) 1548 : 2019 LawHerald.Org 1009 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…
Further Investigation—Once the Magistrate u/s 227 CrPC discharge the accused thereafter, it will not be open for the Magistrate to suo moto order for further investigation and direct the investigating officer to submit the report
2019(2) Law Herald (SC) 1539 : 2019 LawHerald.Org 1006 (2019) 4 JT 281 : (2019) 2 RCR(Criminal) 898 : (2019) 6 Scale 481 IN THE SUPREME COURT OF INDIA Before…
Criminal Procedure Code, 1973 (CrPC) – Section 360 – Probation of Offenders Act, 1958 – Sections 3 and 4 – Penal Code, 1860 (IPC) – Sections 325 and 34 – Release on probation for good conduct – If the offender is less than 21 years of age or a woman not convicted of an offence not punishable with death or imprisonment for life; such offender can be granted benefit of probation on satisfaction of the court on the basis of parameters contained in Section 360 of the Code.
2019(2) Law Herald (SC) 1531 : 2019 LawHerald.Org 1005 (2019) 2 RCR(Criminal) 1012 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr. Justice Hemant…