Decree against dead person–Death of defendant pending appeal–An application made for substitution of legal representatives, but no order passed by Court through inadvertence–Decree drawn against dead defendant–Decree executable against legal representatives–It was essentially a technical error–Held, act of court should do no harm to a litigant– Civil Procedure Code, 1908, Section 47–Civil Procedure Code, 1908, Order 23 Rule 2.
2009(1) LAW HERALD (SC) 309 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal Nos. 6850-6851 of 2008…
Written Statement–Acceptance of–Trial Court can accept written statement after 90 days.
2009(1) LAW HERALD (SC) 305 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 6731 of 2008…
Election symbol–A recognized political party would have a right of exclusive use of the symbol but the Symbols Order makes it very clear that such right to use the symbol can be lost with the dismal performance of the party.
2009(1) LAW HERALD (SC) 294 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice V.S.Sirpurkar Civil Appeal No. 5803 of 2008 (Arising…
Award—Clause in agreement for no increase in price during stipulated time of completion—Delay attributed to company giving contract—Contractor entitled to increase in price after stipulated time.
2009(1) LAW HERALD (SC) 287 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal Nos. 3376-3377 of…
Criminal Law–Bail–Grant of–Though detailed examination of the evidence and elaborate documentation of the merits of the case is to be avoided by the Court while passing orders on bail applications, yet a court dealing with the bail application should be satisfied as to whether there is a prima facie case, but exhaustive exploration of the merits of the case is not necessary
2009(1) LAW HERALD (SC) 284 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 1893 of 2008…
During pendency of appeal bail allowed in the year 2006–The incident is 30 years old and after being released in 2006 on bail, it will not be proper to send the accused back to jail, more particularly, because nothing has been stated against him regarding his indulgence in any criminal activity–Sentence reduced to already undergone–Penal Code, 1860, Section 326.
2009(1) LAW HERALD (SC) 282 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S.Sirpurkar Criminal Appeal No.1833 of 2008 (Arising out…
Dishonour of cheque–First notice remained unserved–Second notice after second prosecution, withdrawn as was wrongly addressed–Third notice after third presentation valid–As earlier two notices did not gave any cause of action
2009(1) LAW HERALD (SC) 277 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. 1761 of 2008…
Illegal gratification–If an offence falls under both Sections 7 and 13 (1)(d) and the court wants to award only the minimum punishment, then the punishment would be one year.
2009(1) LAW HERALD (SC) 273 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 1130 of 2001…
Murder–Acquittal–There is a time gap of eight hours between the time of the occurrence and the lodging of the FIR. Murder–Acquittal–Version of P.W.s that they identified the accused in moonlight–Not believed
2009(1) LAW HERALD (SC) 270 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 1071 of 2006…
Rape–Accused took away prosecutrix–In absence of marriage, a person will be guilt of abduction and rape.
2009(1) LAW HERALD (SC) 268 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No.100 of…