Accident—Recovery of Excess amount-Future Prospects—Deceased was aged 42 years—Claimants were entitled to an addition of 25% instead of 30% computed by the Tribunal—They were also entitled to compensation under conventional heads also—However, if the amount withdrawn is higher than total award then no recoveries is to be made
(2018) AAC 637 : (2018) 1 ACC 714 : (2018) AIR(SCW) 712 : (2018) AIR(SC) 712 : (2018) 2 JT 92 : (2018) 1 LawHerald(SC) 269 : (2018) 2 RCR(Civil) 118 : (2018) 1…
Duty of Court—It is the solemn duty of the Court to apply the correct law without waiting for an objection to be raised by a party, especially when the la w stands well settled.
(2018) AIR(SCW) 676 : (2018) AIR(SC) 676 : (2018) 1 ApexCourtJudgments(SC) 85 : (2018) 2 BCR 279 : (2018) 1 DCR 209 : (2018) 1 ILR(Kerala) 479 : (2018) 2…
Land Acquisition— Refund of Court Fee—While remanding the cases for fresh adjudication on merits Supreme Court directed that landowners (applicants) are entitled to get back the amount of court fee paid by each appellant (land owner) on his appeal memo.
(2018) AIR(SCW) 1013 : (2018) AIR(SC) 1013 : (2018) 2 JT 112 : (2018) 1 LAR 198 : (2018) 1 LawHerald(SC) 253 : (2018) 1 RCR(Civil) 990 : (2018) 1 Scale 551 SUPREME COURT…
V IMP — Exparte Decree—Setting aside of—Defendant can take recourse to both the proceedings, filing of an appeal and filing of application for setting aside exparte decree simultaneously.
(2018) AIR(SCW) 753 : (2018) 2 AIRBomR 764 : (2018) AIR(SC) 753 : (2018) 1 ARC 501 : (2018) 2 BCR 253 : (2018) 1 CTC 662 : (2018) 2…
Indian Penal Code, 1860, S.306 & S.498-A—Abetment to Suicide-Cruelty to Wife—Dowry Demand—Reduction in Sentence—Deceased died within 6 months of marriage by consuming poison
(2018) 1 AICLR 888 : (2018) AIR(SCW) 673 : (2018) AIR(SC) 673 : (2018) AllSCR(Crl) 202 : (2018) 1 ALT(Crl) 257 : (2018) CriLR 136 : (2018) 1 DMC 483…
Service Law–Appointment–Lecturer–NET qualification is now minimum qualification for appointment of Lecturer and exemption granted to M.Phil, degree holders have been withdrawn and exemption is allowed only to those Ph.D. degree holders who have obtained the Ph.D. degree in accordance with 11.7.2009 regulations-Regulations 2009 of UGC (Minimum Standards and Procedure).
(2018) AIR(SCW) 1148 : (2018) AIR(SC) 1148 : (2018) 1 ESC 94 : (2018) 2 JT 20 : (2018) 1 LawHerald(SC) 236 : (2018) 1 Scale 465 : (2018) 2 SCT 86 : (2018)…
Exparte Decree—Setting aside of—Remand of Case-After setting aside of ex-parte order Trial Court was required to issue fresh notice of the suit despite their non-appearance in first round of trial in suit and in O.9 R. 13 proceedings (as per local amendment in State of Kerala)—No such fresh notice was issued—High Court rightly remanded the case to trial court for fresh trial.
(2018) AIR(SCW) 718 : (2018) AIR(SC) 718 : (2018) 2 ALT 44 : (2018) 1 CTC 685 : (2018) 1 JT 484 : (2018) 1 LAR 189 : (2018) 1 LawHerald(SC) 233 : (2018)…
Allotment of Plot—Nominee of allotee—Cooperative Society has no option whatsoever, except to transfer the membership in the name of the nominee-That, would have no relevance to the issue of title between the inheritors or successors to the property of the deceased.
(2016) 162 AIC 257 : (2016) AIR(SCW) 1969 : (2016) AIR(SC) 1969 : (2016) AllSCR 1279 : (2016) 2 BBCJ 124 : (2017) 3 CompLJ 44 : (2016) 2 GujLH…
Arbitration—Objections—Award, which decides the issue of limitation is an interim award, which being an arbitral award, can be challenged separately and independently under S.34 of the Act.
(2018) 1 ArbiLR 271 : (2018) 1 JT 433 : (2018) 1 LawHerald(SC) 216 : (2018) 1 RCR(Civil) 793 : (2018) 1 SCALE 442 SUPREME COURT OF INDIA DIVISION BENCH M/S INDIAN FARMERS FERTILIZER…
Held; it is not expected from the High Court to pass such mandatory orders commanding the sub ordinate court to compulsorily grant bail—Courts cannot issue mandatory direction which breach the independence of subordinate courts.
(2018) AIR(SCW) 599 : (2018) AIR(SC) 599 : (2018) 1 JT 451 : (2018) 1 LawHerald(SC) 210 : (2018) 1 PLR 438 : (2018) 1 RCR(Criminal) 967 : (2018) 1 SCALE 431 SUPREME COURT…