Succession—Life Interest—Testator of suit property gave ownership rights to his children and life interest to his wife by way of right to live in the suit house and collect rent for her maintenance—Such “life interest” does not get ripen into an “absolute interest”.
(2018) AIR(SCW) 62 : (2018) AIR(SC) 62 : (2018) AllSCR 136 : (2018) 1 ALT 17 : (2018) 1 AndhLD 20 : (2018) 1 BCR 735 : (2017) DNJ 1154…
Attempt to Murder–A single blow of sickle inflicted by appellant on back of deceased–Doctor opinion that deceased did not died due to direct result of injury–Reduction of charges proper.
2009(1) LAW HERALD (SC) 241 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Lokeshwar Singh Panta The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No. 47…
Decree remains valid unless set aside. Executing Court reduced to interest from 18% to 14%–High Court further reduced the same to 9%–Executing Court cannot go beyond decree–Executing Court to execute the same as it is.
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. 7310 of 2008 Deepa Bhargava v. Mahesh…
Accident Law–Compensation–Criteria–For arriving at just compensation, it is necessary to ascertain the net income of the deceased available for the support of himself and his dependents at the time of his death and the amount, which he was accustomed to spend upon himself–This exercise has to be on the basis of the data, brought on record by the claimant, which again cannot be accurately ascertained and necessarily involves an element of estimate or it may partly be even a conjecture
2009(1) LAW HERALD (SC) 231 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. 10 of 2009…
Land and Property Law–Allotment of Plot–Cancellation of–Predecessor-in-interest of appellant not eligible for allotment of plot under scheme for rehabilitation of locally displaced persons–Notwithstanding the fact that transfer of plot in favour of appellant is duly approved by Trust, appellant did not acquire any independent right in the plot and be only acquired whatever rights the transferor or original allottee had therein–Defect in allotment made in original allottee’s favour on account of her ineligibility to avail scheme was inherited by appellant as her transferee
2009(1) LAW HERALD (SC) 228 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 9 of 2009…
Exparte decree–Remedies available to defendants–He may file a suit contending that decree was obtained fraudulently or he may file application under Order 9 Rule 13 C.P.C. or he may prefer an appeal from exparte judgment–He may also file a review petition.
2009(1) LAW HERALD (SC) 224 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. 7316 of 2008…
Motor Vehicles Act, 1988, S. 166–Accident-More than claimed-There is no restriction that the Court cannot award compensation exceeding the claimed amount, since the function of the Tribunal or Court is to award “just compensation”
2018(4) Law Herald (SC) 3105 : 2018 LawHerald.Org 1857 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal No.…
Agreement to Sell—Increase in Price—Mere escalation of price is no ground for interference with concurrent findings of court below granting the decree. Abatement of Appeal—Omission to implead legal representatives of a deceased defendant, would not lead to abatement of appeal as a whole by itself.
2018(4) Law Herald (SC) 3095 : 2018 LawHerald.Org 1860 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice…
Murder—Death Penalty—The conduct of the convict in prison cannot be lost sight of and is a relevant mitigating factor Duty of Court—It is duty of Court to be constitutionally correct even when its view is counter-majoritarian the public opinion Murder—Death Sentence—Possibility of Reform—Probability and possibility of reform of a criminal can be done properly only through psychological/psychiatric evaluation–Media Trial-It has almost become a trend for the investigating agency to present their version and create a cloud in the collective conscience of the society regarding the crime and the criminal
2018(4) Law Herald (SC) 3078 : 2018 LawHerald.Org 1858 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Deepak Gupta Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No(S). 1482-1483…
Unlawful Assembly—Sessions Judge acquitted all the six accused persons under Section 148/149 IPC-No appeal filed by the State-High Court was not justified in convicting the appellant under Section 148/149 IPC-Appellant acquitted
2018(4) Law Herald (SC) 3074 : 2018 LawHerald.org 1781 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Criminal Appeal No.…