Eviction–Bona fide requirement– It is always the privilege of the landlord to choose the nature of the business and the place of the business.
2009(1) LAW HERALD (SC) 334 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 6125 of…
Appointment–An ad hoc appointee appointed for a period of three months as Stenographer, whose term is further extended, should not be allowed to continue in the public interest when he failed in the test.
2009(1) LAW HERALD (SC) 333 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 5691 of…
Arbitrator–Appointment of the arbitrator named in the arbitration agreement is not a must, but while making the appointment the twin requirements of sub-section (8) of Section 11 have to be kept in view, considered and taken into Account–If it is not done, the appointment becomes vulnerable.
2009(1) LAW HERALD (SC) 329 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice Aftab Alam…
Accident—Claim Petition—A procedural lapse, could not be made basis to reject the claim petition Accident—Claim Petition—If the Court did not exhibit the documents despite the appellants referring them at the time of recording evidence then in such event, the appellants cannot be denied of their right to claim the compensation on the ground that requisite documents were not on record
2018(4) Law Herald (SC) 3137 : 2018 LawHerald.Org 1851 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…
Motor Vehicles Act, 1988, S.I66–Accident-Claim Petition-Claims Tribunal is empowered to treat the report of the accident on its receipt as if it is an application made by the claimant for award of the compensation to him under the Act by virtue of Section 166 (4) of the Act and thus has jurisdiction to decide such application on merits in accordance with law.
2018(4) Law Herald (SC) 3137 : 2018 LawHerald.Org 1851 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…
Indian Penal Code, 1860, S.302–Murder–Death Sentence converted into life imprisonment-Duty is on the State to show that there is no possibility of reform or rehabilitation of the accused—When the offence is not gruesome, not coldblooded murder, nor is committed in a diabolical manner, the court will impose life imprisonment
2018(4} Law Herald (SC) 3132 : 2018 LawHerald.Org 1855 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr.…
Quashing—Petition for quashing is maintainable even after the charge sheet is filed Quashing—Trend in business circles to convert purely civil dispute into criminal cases is growing—It should be deprecated and discouraged
2018(4) Law Herald (SC) 3123 : 2018 LawHerald.Org 1850 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Criminal Appeal No.1395…
Cheating—Promotion of quick money scheme by knowingly making false representation of doubling the money—Offence of cheating made out.
2009(1) LAW HERALD (SC) 318 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1044 of 2008…
Theft of electricity by a company–Prosecution of directors of company– It was obligatory on the part of the complainant not only to make requisite averments in the complaint petition but also to prove that any of the Directors who had been prosecuted for alleged commission of the aforementioned offence was incharge of and was otherwise responsible for the conduct or the affairs of the Company– Conviction set aside
2009(1) LAW HERALD (SC) 314 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 1962 of 2008…
Common intention–In order to bring in the concept of common intention it is to be established that there was simultaneously consensus of the minds of the persons participating in the act to bring about a particular result.
2009(1) LAW HERALD (SC) 312 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 1186 of 2001…