Quashing—Framing of Charge—When the order of the Trial Court does not surfer from any perversity, High Court should not have quashed the impugned order of framing of charge
2019(1) Law Herald (SC) 485 : 2019 LawHerald.Org 553 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice R. Subhash Reddy Criminal Appeal…
Dishonour of Cheque—Blank Cheque—Subsequent filing in of an unfilled signed cheque is not an alteration. Dishonour of Cheque—Presumption of debt—The existence of a fiduciary relationship between the payee of a cheque and its drawer, would not disentitle the payee to the benefit of the presumption under Section 139.
2019(1) Law Herald (P&H) 353 (SC) : 2019 LawHerald.Org 525 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Criminal Appeal Nos.…
Accident–Death of son of insured while driving Motor Cycle–Son was not a third party–Accident occurred by use of vehicle and not by negligence of driver–Owner not entitled to any claim.
2009(1) LAW HERALD (SC) 585 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. 7402 of 2008…
Will–Suspicious circumstances–Testator disinherited her four daughter and executed Will in favour of distant relative–It is suspicious circumstances in instant case–Registration of Will and contention that testatrix was not looked after by natural heirs not of much significance. Will was a registered one, but the same by itself would not mean that the statutory requirement of providing the Will need not be complied with. Will must be proved in terms of Section 68 of Evidence Act and Section 63(c) of Succession Act–For proving the Will, provisions of Section 90 of Evidence Act are not applicable.
2009(1) LAW HERALD (SC) 577 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. 7250 Of 2008…
Quashing–Civil Liability–Buyer Company refused to accept goods being defective–FIR u/s 420 IPC lodged–No misrepresentation made at time of contract–No case of criminal liability–FIR quashed.
2009(1) LAW HERALD (SC) 572 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. 2089 of 2008…
Quashment–Offence by a company–Protection of Directors/Chairman–Specific averments/assertions in the complaint against first respondent who is Joint Managing Director of the Company– Prosecution upheld.
2009(1) LAW HERALD (SC) 563 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 2019 of…
Acid burns–Reduction in sentence–Victim suffered severe burn injuries on head, face and chest–High Court reduced the sentence to already undergone–Order of High Court aside–Sentence could not be reduced in such a heinous crime.
2009(1) LAW HERALD (SC) 562 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No.1951 Of 2008 Vishwambhar…
Contraband–Recovery was effected on basis of information received by Police Officer in course of investigation of other offence–Provisions of Section 42 of N.D.P.S. Act will not apply
2009(1) LAW HERALD (SC) 557 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 164…
Bail–Trial of cases already been stayed as one of appellants had challenged the very registrations of the case by CBI–Trial is likely to be delayed appellants have to be in jail for a long period–Final report already been filed–Accused need not be detained in jail further–Accused released on bail.
2009(1) LAW HERALD (SC) 556 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 81/2009 (@…
HUF Property—Coparcener has right to dispose off his undivided share in joint family property by way of Will
2019(1) Law Herald (P&H) 538 (SC) : 2019 LawHerald.Org 551 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ajay Rastogi Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal No.…