Trial Court and the High Court disbelieved the Will in favour of the appellant and decreed the suit of the respondents even though substantial questions of law arose–Impugned orders of the High Court set aside and case remitted back to the High Court for fresh disposal considering the substantial questions of law.
2010(1) LAW HERALD (SC) 119 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal Nos. 650-651 of…
Delay and laches–Enormous delay of more than 30 years on the part of the respondent in approaching the Court–Merely giving representation neither extend the limitation nor wipe out the delay and laches.
2010(1) LAW HERALD (SC) 116 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice K.S. Radhakrishnan Civil Appeal No. 4185 of 2006…
Abetment of suicide–In order to convict a person under section 306 IPC there has to be a clear mens rea to commit the offence–It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he commits suicide.
2010(1) LAW HERALD (SC) 113 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice A. K. Patnaik Criminal Appeal No. 1301 Of…
Acquisition–Amendment of Section 17 of the Land Acquisition Act, 1894–Proviso inserted in sub-section(4) State of U.P-Amending Act was perfectly a valid legislation.
2010(1) LAW HERALD (SC) 82 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal Nos. 2650-2652 of 2008…
Rape–Consent–There was a love affair between appellant, and the prosecutrix–She did not ever resist her being repeatedly deflowered by the appellant–No mark of injury found on her body and her secondary sex characters were well developed–Appellant entitled to benefit of doubt.
2010(1) LAW HERALD (SC) 77 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice A.K. Patnaik Criminal Appeal No. 2308 of 2009…
Forums below recorded a concurrent finding of fact that there is negligence on the part of the bank in rendering the services–Order upheld by Supreme Court.
2010(1) LAW HERALD (SC) 75 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice D.K. Jain The Hon’ble Mr. Justice T.S. Thakur Civil Appeal No. 1064 of 2003…
Compensation–Use, to which the acquired land may be put, can have no bearing upon the deduction to be made towards development cost and the purpose of acquisition cannot be a factor to increase the compensation.
2010(1) LAW HERALD (SC) 68 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice G.S. Singhvi Civil Appeal No. 5844 of 2004…
Eviction–Mere pendency of proceedings before the Court/Tribunal cannot defeat the rights of a party, which had already been determined
2010(1) LAW HERALD (SC) 57 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice B.S. Chauhan Civil Appeal No. 1664 of…
Election Petition–An election petition must clearly and unambiguously set out all the material facts which the appellant is to rely upon during the trial, and it must reveal a clear and complete picture of the circumstances and should disclose a definite cause of action. Electoral Roll–Once an electoral roll is published, it becomes the final electoral roll of the constituency.
2010(1) LAW HERALD (SC) 42 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice D.K. Jain The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 4201 of 2008…
Criminal Procedure Code, 1973, S 482–Prevention of Cruelty to Animals Act, 1960 , S. 11(1)(d)–Bombay Animal Preservation Act, 1954, S. 5, 6 and 8–Cruelty to Animals-Quashing Of FIR–Illegal and unauthorized transportation and slaughtering of animals–High Court arrived at a pre-mature conclusion that no offences under Section 279 IPC and under Sections 5, 6 and 8 of the Bombay Animal Preservation Act, 1954 were made out against the accused and quashed the criminal proceedings–Such a relief to the accused, who had not approached the High Court for quashing the FIR, could not have been granted in a petition filed by the owners of goats and sheep seeking custody of the live stock notwithstanding wide amplitude of power available under Article 226 of the Constitution–Order of HC , set aside.
2010(1) LAW HERALD (SC) 33 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2020 of…