Seniority–Executive Instructions–Where rules are silent on a particular point or there are no rules, Govt. can issue executive instructions to fill the gap not covered by Rules and such instructions must not be inconsistent with the rules already framed
2008(1) LAW HERALD (SC) 515 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 5013 of 2000…
Investigation–Police has a right of further investigation under Section 173(8) Cr.P.C. but not fresh investigation or re-investigation.
2008(1) Law Herald (SC) 510 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Lokeshwar Singh Panta Appeal (crl.) 1119 of 2004…
Execution of Decree—Part Payment—If the Court does not certify the payment made by the judgment debtor then such payment shall not be recognized by any Court executing the decree for the purpose of giving adjustment to the judgment debtor against the decretal amount.
(2017) AIR(SCW) 3756 : (2017) 4 AIRJharR 103 : (2017) AIR(SC) 3756 : (2017) AllSCR 1612 : (2017) 5 AndhLD 134 : (2017) 3 LawHerald 2503 : (2017) 2 LawHerald(SC)…
Protection of Women from Domestic Violence Acts 2005, S.17–Shared Household- -In order to claim a residence order couple must have lived in a domestic relationship in the shared household- Complainant woman has never stayed with the husband
(2017) AIR(SCW) 3345 : (2017) AIR(SC) 3345 : (2017) 5 AndhLD 120 : (2017) CriLJ 4315 : (2017) CriLR 650 : (2017) 2 DMC 806 : (2017) 3 JBCJ 295…
Narcotics—Non-joining of independent witness—If an independent witness is available, and the prosecution initially seeks to rely upon him, it cannot suddenly discard the witness because it finds him inconvenient, and place reliance upon police witnesses only.
(2017) 3 AICLR 641 : (2017) AIR(SCW) 3859 : (2017) AIR(SC) 3859 : (2017) 2 AllCrlRulings 2318 : (2017) ALLMR(Cri) 3522 : (2017) 4 BomCR(Cri) 199 : (2017) 3 Crimes…
Admissibility of Document—Objection as to method—An objection relating to the mode or method of proof has to be raised at the time of making of the document as an exhibit and not later.
(2017) AIR(SCW) 3441 : (2017) AIR(SC) 3441 : (2017) AllSCR(Crl) 1670 : (2017) 3 ALT(Crl) 99 : (2017) CriLJ 4352 : (2017) CriLR 901 : (2017) 3 Crimes 234 :…
Stay of Proceedings-Parties were before arbitrator and award has been passed and only question survives is of interest payable-Against award party has remedy of Revision u/s 34 of the Arbitration Act-Bank directed to stay proceedings under SARFAESI Act till final award is passed.
(2017) 172 AIC 252 : (2017) 121 ALR 904 : (2017) 2 LawHerald(SC) 1341 : (2017) 135 RD 734 : (2017) 3 SCALE 262 : (2017) 5 SCC 227 SUPREME COURT OF INDIA DIVISION…
Departmental Traps–The violation thereof, if any, by the investigation officer would not ipso facto vitiate the disciplinary proceedings. Writ–Administrative Instructions–Even if there has been any break of executive instructions that does not confer any right on the member of the public to ask for a writ against Govt.
2008(1) LAW HERALD (SC) 501 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 5033 of…
High Court while allowing appellant to withdraw appeal, passed an order of status quo for a period of two weeks–Held; once appeal permitted to be withdrawn, Court become functus offico–It ex facie had no jurisdiction to pass such interim order–Civil Procedure Code, 1908, Order 41 and 23.
2008(1) Law Herald (SC) 494 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5831 of…
Closure of Unit–The policy decision is not likely to have beneficial effect unless the same is sustainable on the touchstone of rationality.
2008(1) LAW HERALD (SC) 491 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 5495 of 2000…