Representative Suit—Sanction to prosecute suit as representative suit granted without objection of appellant—No discussion much less finding on issues—Matter remanded back.
2018(3) Law Herald (SC) 2253 : 2017 LawHerald.Org 2214 SUPREME COURT OF INDIA DIVISION BENCH S.N.D.P. SAKHAYOGAM — Appellant Vs. KERALA ATMAVIDYA SANGHAM — Respondent ( Before : R.K. Agrawal and Abhay…
Lis Pendence—Agreement to Sell-During pendency of litigation some more transaction took place in relation to suit property—Such transactions are directly hit by the principle of lis pendence-These transaction are not binding on parties to the suit much less on plaintiffs—Such parties would be at liberty to now work out their inter se rights
2018(3) Law Herald (SC) 2245 : 2017 LawHerald.Org 2213 SUPREME COURT OF INDIA DIVISION BENCH NADIMINTI SURYANARAYAN MURTHY(DEAD) THROUGH LRS. — Appellant Vs. KOTHURTHI KRISHNA BHASKARA RAO & ORS. — Respondent ( Before…
Abetment of Suicide—Cruelty to Wife—Husband continued his illicit relations with another woman even after marriage—This in itself is sufficient abetment to suicide by wife—Conviction upheld.
2018(3) Law Herald (SC) 2235 : 2018 LawHerald.Org 1448 IN THE SUPREME COURT OF INDIA Before HonTile Mrs. Justice R. Banumathi Hon’ble Mr. Justice Vineet Saran Criminal Appeal No(s). 1606…
Review—Second Appeal was disposed of on compromise between the parties—Review petition against second appeal is maintainable on ground of fraud in obtaining such judicial orders.
2018(3) Law Herald (SC) 2232 : 2018 LawHerald.Org 1447 SUPREME COURT OF INDIA DIVISION BENCH VED PAL (D) THROUGH LRS — Appellant Vs. PREM DEVI (D) THROUGH LRS — Respondent ( Before : Abhay Manohar Sapre and S. Abdul…
Rape—Medical Evidence—Doctor has opined that the possibility of sexual assault upon the victim cannot be ruled out, though she did not specify as to whether the sexual assault was in the recent past-Accused acquitted. Rape—Improbable Story—Prosecutrix specifically disposed that at the time of incident, the wife, children, sister and mother of the accused persons were present in the house—Accused acquitted.
2018(3) Law Herald (SC) 2237: 2018 LawHerald.Org 1488 SUPREME COURT OF INDIA DIVISION BENCH SHAM SINGH — Appellant Vs. STATE OF HARYANA — Respondent ( Before : N.V. Ramana and Mohan M…
Service Law—Appointment—Adhoc appointment is not same as contractual appointment
2018(3) Law Herald (SC) 2211 : 2018 LawHerald.Org 1446 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal Nos. 8216-8217…
Eviction—Municipal Taxes were part of rent—Due to non-payment of municipal taxes eviction of tenant allowed.
2018(3) Law Herald (SC) 2207 : 2018 LawHerald.Org 1445 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Navin…
Additional Evidence at appellate stage—Before taking into consideration the additional piece of evidence opportunity to opposite party has to be given to file any rebuttal evidence to counter the additional evidence adduced by the party.
2018(3) Law Herald (SC) 2203 : 2018 LawHerald.Org 1444 SUPREME COURT OF INDIA DIVISION BENCH THE CORPORATION OF MADRAS — Appellant Vs. M. PARTHASARATHY — Respondent ( Before : Abhay Manohar Sapre and S. Abdul…
When the doctor has given opinion that the suicide cannot be ruled out and the death of the deceased could have been due to suicide which was accepted by the High Court—Held; when the High Court has a view which is a plausible view such order does not call for interference—Acquittal upheld.
2018(3) Law Herald (SC) 22O1 : 2018 LawHerald.Org 1443 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Vineet Saran Criminal Appeal Nos. 1496…
Challenge to order granting bails—As per orders of Supreme Court bail would be subject to furnishing of bank guarantee—Held; (i) Bank guarantee would be mean obligation as per agreement and not the due amount; (ii) Ail those who had already furnished sufficient security by way of pledging immovable property need not to furnish bank guarantee as per earlier orders; (iii) All those who had not given any security are obligated to furnish bank guarantee—In absence of it, bail would stand cancelled and they be taken into custody; (iv) Corporation permitted to serve its interest either by involving the bank guarantees where ever furnished and or by putting to auction the unencumbered immovable property pledged by the millers—Criminal Procedure Code, 1973, S.438.
2018(3} Law Herald (SC) 2193 : 2018 LawHerald.Org 1442 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Criminal Appeal…