Murder—Unsoundness of mind—Duty of Police—In view of the previous history of insanity of the appellant, at the time of offence, it was the duty of police to subject the accused to a medical examination immediately and place the evidence before the court and if this is not done, it creates a serious infirmity in the prosecution case
2018(3) Law Herald (SC) 1749 :2018 LawHerald.Org 1250 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.814 of 2017…
Registration—Admissibility of unregistered documents—Any document which is not registered as required under law, would be inadmissible in evidence and therefore, cannot be produced and proved. Succession—Joint family property—After partition, the property in the hands of the son will continue to be the ancestral property and the natural or adopted son of that son will take interest in it and is entitled to it by survivorship.
2018(3) Law Herald (SC) 1741 :2018 LawHeraldLOrg 1249 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…
Indian Penal Code, 1860, S.302, S.326 & S.34—Murder—Common Intention—Overt Act—Grievous Hurt—Acquittal – Except specifying that one assaulted the informant no other allegations are found against him—Ingredients of common intention on the part of the accused to do away with life of other two deceased are not forth coming from evidence on record—Appellant acquitted u/s 302 IPC but convicted w/s 326 IPC—Sentence reduced to already undergone.
2018(3) Law Herald |SC) 1736 :2018 LawHerald.Org 1123 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…
Finger Prints—It is not necessary for the police officer to obtain an order from a Magistrate for obtaining specimen of fingerprints.
2018(3) Law Herald (SC) 1713 :2018 LawHerald.Org 1256 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Ms. Justice Indu Malhotra Criminal Appeal No. 958 of…
Injunction—Question of Title—Findings of title can be recorded in a suit for injunction if there are necessary and appropriate issues regarding question of title Second Appeal—Question of Title—High Court while dismissing the second appeal being devoid of merit was not justified in making an observation which has the potential of reopening the already settled issue of title in respect of the suit property—Such findings set aside
2018(3) Law Herald (SC) 2337 : 2017 LawHerald.Org 1522 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. VIJAY KRISHNA UNIYAL (D) THROUGH L.RS. — Respondent ( Before : Kurian…
Service Law—Railways—Ministry of Railways has the power to lay down conditions of service for its employees—The DoPT cannot issue binding circulars upon the Railways.
2018(3) Law Herald (SC) 2324 : 2018 LawHerald.Org 1521 SUPREME COURT OF INDIA FULL BENCH PRABHAT RANJAN SINGH — Appellant Vs. R.K. KUSHWAHA — Respondent ( Before : Madan B. Lokur, S. Abdul…
Adverse Possession—Permissive possession over the property howsoever long never becomes adverse to the interest of real owner at any point of time Adverse Possession—The limitation of 12 years begins when the possession of the defendants would become adverse to that of the plaintiffs -Adverse Possession—Proof of—Tax receipt, Chaukidari receipt and Khatian extract—These documents at the most depict the possession of the defendants and not their adverse possession.
2018(3) Law Herald (SC) 2316 : 2018 LawHerald.Org 1520 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…
Civil Procedure Code, 1908, S, 100-Second Appeal-Substantial Question of law-High Court also failed to see that the issue of resjudicata and the issue of ownership were independent issues and the decision on one would not have answered the other one—In other words, both the issues had to be examined independent of each other on their respective merits—It was, however, possible only after framing of substantial questions on both the issues as provided under Section 100(4) and (5) of the Code—This was, however, not done in this case-Case remanded back
2018(3) Law Herald (SC) 2311 : 2018 LawHerald.Org 1519 SUPREME COURT OF INDIA DIVISION BENCH NARAYANA GRAMANI — Appellant Vs. MARIAMMAL — Respondent ( Before : Abhay Manohar Sapre and…
Land Acquisition Act, 1894, S.18—Development Charges—Exemplar sale deed was only for 99 sq. yds., whereas the total acquired land is 05 acres- -Acquired land is abutting residential area, which is a Mandal Headquarter where bank, high school, bus stand, telephone exchange, police station, primary health centre, cinema hall, petrol pumps are located—Deduction of 30% towards development charges held to be justified.
2O18(3) Law Herald (SC) 2307 : 2018 LawHerald.Org 1493 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Kurian Joseph Hon~ble Mr. Justice Sanjay Kishan Haul Kalluri Veakata Narasimha…
Accident–Disability @ 25%–Injured was unmarried boy of 25 years—He suffered fracture of both pelvic bones- He suffered partial but permanent disability in his body which reduced his movement capacity to a larger extent—He was earning Rs 4000/- p.m.–He had spent substantial amount on treatment and has also lost his job—Tribunal had awarded Rs. 3.43 lakhs—Keeping in view, circumstances of cases further enhancement of Rs. 5 lakhs without interest awarded.
2018(3) Law Herald (SC) 2302 : 2018 LawHerald.Org 1453 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit…