Lok Adalat–No party can be punished for failure to reach a settlement before Lok Adalat. Adjournment–When a counsel who is ready in the pre-lunch session, seeks accommodation in the post lunch session on ground of a sudden illness or physical ailment, Court cannot refuse a short accommodation.
2009(1) LAW HERALD (SC) 372 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 7282 of 2008…
Jurisdiction–Territorial jurisdiction of a court with regard to criminal offence would be decided on the basis of place of occurrence of the incident and not on the basis of where the complaint was filed.
2009(1) LAW HERALD (SC) 367 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice H.L. Dattu Criminal Appeal No. 142 of 2009…
Stamp Duty–Agreement to sell property reduced in writing–No stamp duty is required to be paid, Stamp duty will be required to be paid if possession is delivered. Stamp Duty–An under stamped and an unregistered sale deed is neither admissible in a suit for specific performance nor for recovery of consideration money nor for any collateral purpose.
2009(1) LAW HERALD (SC) 360 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7350 of 2008…
Accident–The owner of a vehicle cannot contend that he has no liability to verify the fact as to whether the driver of the vehicle possessed a valid licence or not.
2009(1) LAW HERALD (SC) 358 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Ashok Kumar Ganguly Civil Appeal No. 396 of…
Sanction for Prosecution–Allegation of Extortion on I.O.–Sanction not required.
2009(1) LAW HERALD (SC) 354 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 8 of 2009…
Accident–Appellate Court should record reasons for enhancing or reducing notional income of injured/deceased.
2009(1) LAW HERALD (SC) 353 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kuamr Ganguly Civil Appeal No. 395 of…
Acid Attack—Nature of Offence—Even if injury is simple an offence under S.326-A IPC is attracted
2018(4) Law Herald (SC) 3156 : 2018 LawHerald.Org 1922 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice Sanjay Kishan Kaul Criminal Appeal No(S).…
Arbitration Agreement—Agreement providing for a forum only intended to ascertain some matter for the purpose of preventing differences from arising and not for settling them after they have arisen—Such a forum cannot be held to be providing of arbitration Arbitration Agreement—If the jurisdiction of Designated Officer/ Appellant authority cannot be invoked by both the parties to dispute then such a forum cannot be held to be providing of arbitration
2018(4) Law Herald (SC) 3143 : 2018 LawHerald.Org 1854 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Civil Appeal No.11249…
Abetment to Suicide—Acquittal—Deceased committed suicide by consuming poison at her matrimonial home, would not itself lead to the presumption that deceased was subjected to physical-mental cruelty so as to force her to commit suicide
2018(4) Law Herald (SC) 3162 : 2018 LawHerald.Org 1923 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…
Specific Relief Act, 1963, S.16–Agreement to Sell-Specific Performance-Agreement was signed by seller only and not by purchaser-Agreement remained in custody of seller and it did not mentioned how the alleged consideration was transferred-Such agreement is not enforceable
(2016) 94 ACrC 484 : (2016) 161 AIC 248 : (2016) 2 AICLR 600 : (2016) AIR(SCW) 1008 : (2016) AIR(SC) 1008 : (2016) AllSCR(Crl) 428 : (2016) 4 CalLT…