Constitution of India, 1950, Art. 16–Delhi Higher Judicial Service Rules, 1970, Rule 10–Appointment–District Judge in Delhi–In case the statutory rules prescribe a particular mode of selection, it has to be given strict adherence accordingly–In case, no procedure is prescribed by the rules and there is no other impediment in law, the competent authority while laying down the norms for selection may prescribe for the tests and further specify the minimum Bench Marks for written test as well as for viva-voce.
2010(1) LAW HERALD (SC) 656 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice Deepak Verma The Hon’ble Mr. Justice Dr.…
Compensation–Disbursement of compensation–Four problems frequently faced in motor accident claim cases under the Motor Vehicles Act, 1988 – First problem relates to a section of motor accident victims who are doubly unfortunate – first in getting involved in an accident, and second, in not getting any compensation– Second problem relates to the widespread practice of using goods vehicles for passenger traffic. 3.Third problem relates to the procedural delays in adjudication/settlement of claims by Motor Accidents Claims Tribunals. 4.Full compensation amount does not reach and benefit the victims and their families, particularly those who are uneducated, ignorant, or not worldly-wise.
2010(1) LAW HERALD (SC) 647 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice Dr. Mukundakam Sharma The Hon’ble Mr. Justice K.S.…
Adverse possession–Encroachers, unauthorised occupants or land grabbers–Where an encroacher, illegal occupant or land grabber of public property raises a plea that he has perfected title by adverse possession, the Court is duty bound to act with greater seriousness, care and circumspection–Any laxity in this regard may result in destruction of right/title of the State to immovable property and give upper hand to the encroachers, unauthorised occupants or land grabbers.
2010(1) LAW HERALD (SC) 630 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. 1569 of…
Constitution of India, 1950, Art. 300-A & 136–Pension–Freedom Fighters Pension–Grant of Freedom Fighters’ pension– Respondent’s case had been recommended by two Collectors and the District Level Screening Committee–State Government has not disputed the respondent’s claim on facts–High Court granted pension–SC disinclined to interfere -Appeal by State by dismissed.
2010(1) LAW HERALD (SC) 628 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice T.S. Thakur Civil Appeal No. 4400 of…
Indian Penal Code, 1860, S.304-B~Dowry Death-Soon before Death- What must be borne in mind is that the word “soon” does not mean “immediate”–A fair and pragmatic construction keeping in mind the great social evil that has led to the enactment of Section 304-B IPC would make it clear that the expression is a relative expression—Time-lags may differ from case to case—All that is necessary is that the demand for dowry should not be stale but should be the continuing cause for the death of the married woman under Section 304-B.
2018(4) Law Herald (SC) 2735 : 2018 LawHerald.Org 1607 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Hon’ble Mr. Justice K.M.…
Suspension of Sentence—Elected Members—Disqualification—Once the conviction has been stayed during the pendency of an appeal, the disqualification which operates as a consequence of the conviction cannot take or remain in effect
2018(4) Law Herald (SC) 2726 : 2018 LawHerald.Org 1606 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A. M. Khanwilkar Hon’ble Mr.…
Indian Penal Code, 1860, S.302–Murder–Motive–Son killed his father–Son nursed grudge against his father because of his share in the agricultural land—Motive to kill stood established—Conviction upheld.
2018(4) Law Herald (SC) 2724 : 2018 LawHerald.Org 1605 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogol Hon’ble Mr. Justice Navin Sinha Hon’ble Mr.…
Murder—Death Penalty—Four members of a family including a child aged 3 years were killed with gunshot injuries—Case does not fall under rarest of rare case—Death sentence modified to life imprisonment.
2018(4) Law Herald (SC) 2713 : 2018 LawHerald.Org 1604 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Vineet Saran Criminal Appeal Nos. 21-22…
Right to Information—Reason for Information—Even private documents submitted to public authorities may, under certain situations, form part of public record. RERA— Layout Plans—Directions issued to display such sanction plan/ layout plans at the construction site also We, thus, dismiss the appeals with costs quantified at Rs.2.50 lakhs (Rupees two lakhs & fifty thousand), payable by the appellant to respondent No.3 (though hardly the actual expenses!)
2018(4) Law Herald (SC) 2701 : 2018 LawHerald.Org 1603 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Haul Civil Appeal Nos.…
Panchayat Law—Disqualification—Encroachment—When a member of Gram Panchayat shares a government property which has been encroached even though by any one by residing there and there is continuance, he/she has to be treated as disqualified.
2018(4) Law Herald (SC) 2687 : 2018 LawHerald.Org 1602 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…