PIL–Classic case of the abuse of the process of the court–Appointment of Judge of a High Court challenged before the High Court in a Public Interest Litigation on the ground that he could not hold the Office and was ineligible because he had attained the age of 62 years much before he was appointed as the Advocate General–Third clause of Article 165 says that the Advocate General shall hold office during the pleasure of the Governor, hence the provision does not limit the duration of his appointment by reference to any particular age–High Court entertained the petition despite the fact that the controversy involved in the case was no longer res integra –SC directed to quash the proceedings
2010(1) LAW HERALD (SC) 401 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal Nos. 1134-1135 of 2002…
Absorption–Casual labours–If an appointment is made illegally or irregularly, the same cannot be the basis of further appointment–An erroneous decision cannot be permitted to perpetuate further error to the detriment of the general welfare of the public or a considerable section
2010(1) LAW HERALD (SC) 394 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J.M. Panchal The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 2090 of 2007…
No delay was caused by petitioner in filing application for restoration–Petitioner had been diligently prosecuting the litigation since 1982–Improper to punish petitioner for non-appearance of his counsel–Orders of the High Court set aside.
2010(1) LAW HERALD (SC) 392 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.M. Lodha Civil Appeal Nos. 7648-7649 of 2009…
Relaxation in age limit–Concession in fee and age relaxation only enabled certain candidates belonging to the reserved category to fall within the zone of consideration but do not tilt the balance in favour of the reserved category candidates, in the preparation of final merit/select list–No infringement of Article 16(1) of the Constitution of India if relaxation in age or concession in fee given.
2010(1) LAW HERALD (SC) 372 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 74 of…
Lease and Licence–Distinction–Difference between lease and the licence is to be determined by finding the real intention of the parties from the total reading of the document and also considering the surrounding circumstances—- Lease and Licence–Distinction–Difference between a tenancy and a licence is that, in a tenancy, an interest passes in the land, whereas, in a licence, it does not.
2010(1) LAW HERALD (SC) 366 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. 6391 of…
Medical Negligence–Expert opinion–Opinion of Expert Doctor obtained without sending him complete record of medical treatment (i.e. original, x-ray, MRI report)–On basis of report Commission gave finding that there was no negligence–Commission directed to forward all records of treatment to the Doctor for his expert opinion–Commission to pass fresh order after receipt of expert opinion. Expert opinion–An expert is not a witness of fact and his evidence is really of an advisory character
2010(1) LAW HERALD (SC) 359 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 5991 of 2002…
Registration of Sale deed–Power of Attorney sales instead of execution and registration of regular sale deeds– Any process which interferes with regular transfers under deeds of conveyance properly stamped, registered and recorded in the registers of the Registration Department, is to be discouraged and deprecated.
2010(1) LAW HERALD (SC) 355 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice J.M. Panchal Special Leave Petition (C) No. @…
Civil Procedure Code, 1908, O. 4, R. 2–Civil Procedure Code, 1908, S. 149–Court Fee Act, 1870, S. 4–Deficit Court fee–Plaintiff sought permission to make up deficiency–Court whether can allow the application without notice to the opposite party–Held; Yes–Court fee is a matter between State and the suitor.–Mention of a wrong provisions or non-mentioning of a provisions does not invalidate an order if the Court and/or statutory authority had the requisite jurisdiction.
2010(1) LAW HERALD (SC) 346 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Deepak Verma Civil Appeal No. 4643 of 2009…
Attachment of Assets–Bank can simultaneously proceed against borrow and guarantor
2010(1) LAW HERALD (SC) 342 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 4613 of 2000…
Deceased had graduated in Business Administration from U.K. where as a student, he was also doing part-time job earning an amount of 1,008 pounds (Rs. 80,000/-) p.m.–When the accident took place in India he was not working–Tribunal considering that he was still a student assessed his monthly income only at Rs. 18,000/- on notional basis–Fair amount of compensation should have been calculated 25,000/- p.m. being about 1/3rd of amount which he was receiving in U.K.–Appeal by insurance company dismissed and that of appellant allowed
2010(1) LAW HERALD (SC) 337 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal No. 3482 of 2009…