Execution of Decree—Suit for Possession—Application for demarcation of land is not maintainable before executing court.
2017(2) Law Herald (SC) 1532 : 2017 Law Herald.Org 1147 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice S. Abdul Nazeer C/V/7 Appeal…
Election—Acceptance of withdrawal of nomination papers which were not presented by candidate or his authorized agent—Acceptance held to be illegal–Election set aside.
2017(2) Law Herald (SC) 1515 : 2017 Law Herald.Org 1146 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal No.…
Criminal Breach of Trust—Vicarious Liability—An individual who has perpetrated the commission of an offence on behalf of the company can be made an accused, along with the company, if there is sufficient evidence of his active role coupled with criminal intent.
2017(2) Law Herald (SC) 1508 : 2017 Law Herald.Org 1145 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Adarsh Kumar Goel Criminal Appeal…
Indian Penal Code, 1860, S.302–Murder–Mild inconsistency-The mere fact that, there are certain inconsistencies with regard to the manner of causing injuries to deceased by the witnesses as deposed in the court and as noted in the statement under Section 161 Cr.P.C., can in no manner shake the entire evidence or make the statement of witnesses unreliable.
2017(2) Law Herald (SC) 1502 : 2017 Law Herald.Org 1144 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A. K. Sikri Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal…
Land Acquisition Act, 1894, S.18–Just Compensation-Similar situated land-lf the purpose of acquisition is same and when the lands are identical and similar though lying in different villages, there is no justification to make any discrimination between the land owners to pay more to some of the land owners and less compensation to others
2017(2) Law Herald (SC) 1498 : 2017 LawHerald.Org 1131 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice R. Banumathi Civil Appeal…
Transfer of’Property—Part Performance—Mere expiry of’the period of limitation for a suit for specific performance may not be a bar for a person in possession of an immovable property in part performance of a contract to assert the shield of Section 53 A of T.P. Act
2017(2) Law Herald (SC) 1490 : 2017 LawHerald.Org 1133 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Amitava Roy Civil Appeal…
Multiple Remedies—When two remedies are provided under a statute even in inconsistent, would continue to be in operation until one of them is elected for application. Arbitration—Execution of Award—Award holder sought recovery under relevant statute as arrears of land revenue—Not necessary that arbitration a ward has to be executed as per provisions of 1996 Act only.
2017(2) Law Herald (SC) 1478 : 2017 LawHerald.Org 1132 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.5317…
Cruelty to Wife–Arrest–Prevention of misuse of S.498-A IPC—Directions issued that there will be no automatic arrest—Complaint has to be forwarded to a family welfare committee and till committee submits its report there can be no arrest. Cruelty to Wife—Investigation—To be done only by a designated investigating officer of the area. Cruelty to wife—Bail—Recovery of disputed dowry items will not be a ground for denial of bail. Cruelty to wife—Compromise—Quashing—District & Sessions Judge empowered to close the criminal cases with regard to matrimonial discord. Cruelty to Wife—Clubbing of Cases—It would beopen to the District Judge to club all connected cases between the parties arising out of matrimonial disputes. Cruelty to Wife—Prevention of misuse of S.498-A, IPC—Personal appearance of all family members—Trial court ought to grant exemption from personal appearance or permit appearance by video conferencing. Cruelty to Wife—Physical Injuries—Directions issued for prevention of misuse of S.498-A, IPC will not apply to the offences involving tangible physical injuries or death.
2017(2) Law Herald (SC) 1470 : 2017 LawHerald.Org 1139 IN THE SUPREME COURT OF INDIA Before Hon’ble Justice Mr. Adarsh Kumar Goel, Hon’ble Justice Mr.Udey Umesh Lalit CRANo. 1265 of…
Accident—Light Motor Vehicle would include a transport vehicle whose unladen weight does not exceed 7500 kgs and no endorsement is required on license of light motor vehicle for driving such transport vehicle.
2017(2) Law Herald (SC) 1441 : 2017 LawHerald.Org 1136 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice Amitawa Roy Hon’ble Mr. Justice Sanjay…
Election Law–Election Duty–Teaching staff cannot be put on duty on teaching days and within teaching hours.
2007(5) LAW HERALD (SC) 3994 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5659…