Eviction–Amendment of Section 13 of the East Punjab Rent Act restricting the landlord from seeking eviction of a tenant from non-residential premises held, as unconstitutional–Correct interpretation of bonafide requirement of a landlord of a residential building must include a non-residential building
2010(1) LAW HERALD (SC) 299 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 8417 of 2009…
Criminal Procedure Code, 1973, S. 319 –Criminal Procedure Code, 1973, S. 244–Cross-examination–Right of cross-examination of the witnesses before the framing of the charge–If right to cross-examine under Section 244, CrPC not given to the newly joined accused then there would be a complete denial to such accused of an important right of cross-examination–Under Section 244, Cr.P.C. the accused has a right to cross-examine the witnesses and in the matter of Section 319, Cr.P.C. when a new accused is summoned, he would have similar right to cross-examine the witness examined during the inquiry afresh–Again, the witnesses would have to be re-heard and then there would be such a right–Merely presenting such witnesses for cross-examination would be of no consequence.
2010(1) LAW HERALD (SC) 294 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Criminal Appeal No. 28 of…
Once it is proved that the FIR itself was given with the consultation of the legal advisors and in the guidance of the local Member of Legislative Assembly who was inimical towards the appellant on account of the party factions, the whole story and more particularly, the part played by (PW-1) becomes suspicious–Evidences of prosecution witnesses No. 2 to 5 full of contradiction and omissions–High Court nowhere considered that there was no explosive substance found at the place where allegedly the bombs were exploded –Once the benefit of kiosk has been given to the other accused the same advantage should have been given even to the appellant–Impugned judgment of the High Court, set aside and that of the trial Court restored.
2010(1) LAW HERALD (SC) 277 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Criminal Appeal No. 451 of 2007…
Termination–Even if an order of termination refers to unsatisfactory service of the person concerned, the same cannot be said to be stigmatic
2010(1) LAW HERALD (SC) 271 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 2786 of 2007 Chaitanya…
Custody and Guardianship–Question of custody distinct from guardianship–In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the minor–Custody–Merely because the father has love and affection for his children and is not otherwise shown unfit to take care of the children, it cannot be necessarily concluded that welfare of the children will be taken care of once their custody is given to him Custody –Prima facie case lies in favour of the father as under Section 19 of the GWC Act, unless the father is not fit to be a guardian, the Court has no jurisdiction to appoint another guardian–
2010(1) LAW HERALD (SC) 261 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 11 of 2010…
Indian Penal Code, 1860, Section 218, 323 and 342–Public servant–Voluntary causing hurt and wrongful confinement–Police atrocities–Case has a long history as well as political overtones–Illegal detention of appellant’s father by the police–Appellant was beaten up by the respondent with other 6 accused and a false case u/s 107/151 CrPC was registered against him–High Court had not taken into consideration any of the evidences of prosecution witnesses–Once it is found that the High Court had not taken into consideration any of vital pieces of evidence, difficult to uphold the order of the High Court–Impugned judgment of the High Court, set aside–Matter remanded back to the High Court for fresh consideration
2010(1) LAW HERALD (SC) 257 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Criminal Appeal Nos. 125-126 of 2003…
Dishonour of cheque–Limitation-Complaints were filed beyond the period of limitation–Magistrate erred in taking cognizance on the complaints–Impugned orders set aside
2010(1) LAW HERALD (SC) 254 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice G.S. Singhvi Criminal Appeal No. 46 of 2010…
Dishonour of cheque–Evidence of affidavit–Right to give evidence on affidavit as provided to the complainant under section 145(1) of the Act is not available to the accused
2010(1) LAW HERALD (SC) 241 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No. 72 of 2010…
Common intention–Existence of common intention is a question of fact–Since intention is a state of mind, it very difficult, if not impossible, to get or procure direct proof of common intention–Courts, in most cases, have to infer the intention from the act(s) or conduct of the accused or other relevant circumstances of the case. Murder–Appellant was present at the scene of occurrence and simply watched A1 throwing acid on the deceased without preventing A1 from doing so clearly establishes that the appellant had intended to cause injury to and also disfigurement of the deceased and as such is liable to be punished under Section 326 IPC.
2010(1) LAW HERALD (SC) 236 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 1418 of 2004 Bengai…
Amendment of written statement–Petitioners were fully aware of the Will in question, but had not even mentioned the same in their written statement–Petitioners attempted to introduce a new story by way of defence in order to prolong the disposal of the appeal–Amendment of pleadings not allowed.
2010(1) LAW HERALD (SC) 232 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Special Leave Petition (C) No. 3592…