Indian Penal Code, 1860, S. 302–Murder–Murder of Wife–Circumstantial evidence –Burn injuries–Kerosene oil stove was planted at the site in a fake attempt to hide the homicidal death–Prosecution proved beyond pale of doubt that the deceased died a homicidal death and not an accidental death on account of bringing insufficient dowry and appellant having extra-marital affairs–Presence of kerosene oil on the body of the deceased and clothes put on by her, rules out the theory of accidental fire.
2010(1) LAW HERALD (SC) 455 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. 125 of 2009…
Investigation–Transfer of investigation to CBI–In an appropriate case when the court feels that the investigation by the police authorities is not in the proper direction, it is always open to the court to hand over the investigation to the independent agency like CBI –Cannot be said that after the charge sheet is submitted, SC is not empowered, to hand over the investigation to an independent agency like CBI. Investigation–Transfer of investigation to CBI–Accusations are directed against the local police personnel in which high Police officials of the State involved– Direction issued to CBI to take up the investigation
2010(1) LAW HERALD (SC) 441 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Aftab Alam Writ Petition (Crl.) No.6 of 2007…
Award–High Court while examining objections to the well reasoned award under Section 30 of the Act, 1940, cannot re-appreciate the evidence led by parties before arbitrator to substitute its own opinion.
2010(1) LAW HERALD (SC) 436 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 8019 of…
PIL–Classic case of the abuse of the process of the court–Appointment of Judge of a High Court challenged before the High Court in a Public Interest Litigation on the ground that he could not hold the Office and was ineligible because he had attained the age of 62 years much before he was appointed as the Advocate General–Third clause of Article 165 says that the Advocate General shall hold office during the pleasure of the Governor, hence the provision does not limit the duration of his appointment by reference to any particular age–High Court entertained the petition despite the fact that the controversy involved in the case was no longer res integra –SC directed to quash the proceedings
2010(1) LAW HERALD (SC) 401 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal Nos. 1134-1135 of 2002…
Absorption–Casual labours–If an appointment is made illegally or irregularly, the same cannot be the basis of further appointment–An erroneous decision cannot be permitted to perpetuate further error to the detriment of the general welfare of the public or a considerable section
2010(1) LAW HERALD (SC) 394 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J.M. Panchal The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 2090 of 2007…
No delay was caused by petitioner in filing application for restoration–Petitioner had been diligently prosecuting the litigation since 1982–Improper to punish petitioner for non-appearance of his counsel–Orders of the High Court set aside.
2010(1) LAW HERALD (SC) 392 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.M. Lodha Civil Appeal Nos. 7648-7649 of 2009…
Relaxation in age limit–Concession in fee and age relaxation only enabled certain candidates belonging to the reserved category to fall within the zone of consideration but do not tilt the balance in favour of the reserved category candidates, in the preparation of final merit/select list–No infringement of Article 16(1) of the Constitution of India if relaxation in age or concession in fee given.
2010(1) LAW HERALD (SC) 372 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 74 of…
Lease and Licence–Distinction–Difference between lease and the licence is to be determined by finding the real intention of the parties from the total reading of the document and also considering the surrounding circumstances—- Lease and Licence–Distinction–Difference between a tenancy and a licence is that, in a tenancy, an interest passes in the land, whereas, in a licence, it does not.
2010(1) LAW HERALD (SC) 366 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Markandey Katju The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal No. 6391 of…
Medical Negligence–Expert opinion–Opinion of Expert Doctor obtained without sending him complete record of medical treatment (i.e. original, x-ray, MRI report)–On basis of report Commission gave finding that there was no negligence–Commission directed to forward all records of treatment to the Doctor for his expert opinion–Commission to pass fresh order after receipt of expert opinion. Expert opinion–An expert is not a witness of fact and his evidence is really of an advisory character
2010(1) LAW HERALD (SC) 359 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 5991 of 2002…
Registration of Sale deed–Power of Attorney sales instead of execution and registration of regular sale deeds– Any process which interferes with regular transfers under deeds of conveyance properly stamped, registered and recorded in the registers of the Registration Department, is to be discouraged and deprecated.
2010(1) LAW HERALD (SC) 355 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice J.M. Panchal Special Leave Petition (C) No. @…