Surrender of site-Penalty–Demand for the balance penalty was made after more than 2 years and 6 months of the acceptance of surrender of the site–Demand quashed.
2010(2) LAW HERALD (SC) 748 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. 1640 of…
Dishonour of cheque–Vicarious liability–Offences by companies–Liability arises from being in-charge of and responsible for the conduct of the business of the company at the relevant time when the offence was committed and not on the basis of merely holding a designation or office in a company– Responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable . Dishonour of cheque–Vicarious liability on the part of a person must be pleaded and proved and not inferred.
2010(2) LAW HERALD (SC) 737 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice H.L. Dattu Criminal Appeal Nos. 320-336 of 2010…
Evidence Act, 1872, S. 35–Juvenile Justice (Care & Protection of Children) Act, 2000, S. 68–Juvenile Justice (Care & Protection of Children) Rules 2001, R. 22–Age of Juvenile–Determination of age–An entry in a school register may not be a public document and, thus, must be proved in accordance with law–Medical opinion rendered in this case corroborates the entry made in the Admission register of the school ,having been proved in accordance with law, no reason as to why the same should not be taken into consideration–No infirmity in the order passed by the High Court.
2010(1) LAW HERALD (SC) 732 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. 909 of 2009…
Appeal for enhancement of compensation–No submission made against the order of the High Court denying liberalised pension, hence not interfered with–Earnings of the deceased were a source of sustenance for the family–Besides, loss of a son at such a young age creates a void in the family, which cannot be filed up by making payment of any compensation–SC enhanced the amount to Rs. 2 lakhs.
2010(1) LAW HERALD (SC) 729 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal No. 140 of 2010…
Kidnapping for ransom and murder–All three accused-appellant committed offence of murder in a pre-planned manner by using scientific methods–Soon after kidnapping, deceased was reduced to a corpus with the help of chemicals and he was done to death in inhuman, diabolical and dastardly manner–Sentence converted from death sentence to life imprisonment
2010(1) LAW HERALD (SC) 713 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal Nos. 1396-1397 of…
Suspension–If the revision takes effect from a date prior to the date of suspension of a Government servant then he would be entitled to benefit of increment pay and in the subsistence allowance for the period of suspension, if the revision scale of pay takes effect from a date falling within the period of suspension then the benefit of revision of pay and the subsistence allowances will accrue to him, only after reinstatement.
2010(1) LAW HERALD (SC) 706 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice K.S. Radhakrishnan Civil Appeal No. 1096 of 2010…
Recount of votes–Specified officer has no jurisdiction to entertain election petition for recount of votes even with consent of the parties. Madhya Pradesh Panchayats (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, 1995–Madhya Pradesh Panchayat Raj Adhiniyam, S.122–Election Petiton–Post of Sarpanch–Recounting of votes–Willful disobedience of the order of the High Court–Specified officer has no jurisdiction to entertain election petition for recount of votes even with consent of the parties.
2010(1) LAW HERALD (SC) 703 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. 5096 of 2009…
Proceedings before the DRT, Hyderabad, should be transferred to the DRT, Delhi, since all the other proceedings are being heard by the Delhi High Court–It is the Delhi High Court which is the appellate forum against an order of the DRT, Delhi–Transfer Petition allowed.
2010(1) LAW HERALD (SC) 701 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Aftab Alam The Hon’ble Mr. Justice Surinder Singh…
Regularization of services–Qualification–Respondents, did not possess the minimum prescribed qualification–Appointment was in contravention of the Cadre and Recruitment Rules–Tribunal rightly rejected the applications for regularization.
2010(1) LAW HERALD (SC) 699 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal Nos. 819-851 of 2010…
Attachments of properties–Properties dervied from or used in commission of offences and acquired from criminal activities are not to be attached.
2010(1) LAW HERALD (SC) 695 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Criminal Appeal Nos. 891-893 Of…