Arbitrator–Appointment of –High Court dismissed the petition for appointment of arbitrator on the ground that arbitration agreement does not lay down procedure for appointment of arbitrator–Answer lies in section 11(5) of the Act–Supreme Court appointed a former Judge as arbitrator.
2009(1) LAW HERALD (SC) 157 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 107 of 2009…
Rape–Courts cannot award sentence below seven years in offence of rape without giving adequate and special reasons
2009(1) LAW HERALD (SC) 150 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. 2060 of 2008…
Quashment–A complaint for medical negligence cannot be quashed because there are two set of opinion, one in favour of the complainant and other in favour of the appellant.
2009(1) LAW HERALD (SC) 145 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. 2049 of 2008…
Criminal Trial–Fairness in investigation as also trial is a human right of an accused–State cannot suppress any vital document from the Court only because the same would support the case of accused.
2009(1) LAW HERALD (SC) 140 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. 637 of 2006…
Evidence Law–Eye witness–Benefit of discrepancies in evidence of eye witnesses should be given to accused.
2009(1) LAW HERALD (SC) 137 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. 132 of 2007…
Common Intention–Even a past enmity by itself may not be a ground to hold for drawing any inference of formation of common intention amongst the parties. –Criminal Law–Common Intention–It is well settled that Section 34 of IPC does not create a distinct offence, it only lays down the principle of joint criminal liability–The necessary conditions for the application of Section 34 of Code are common intention to commit an offence and participation by all the accused in doing act or acts in furtherance of common intention–Penal Code, 1860, Section 34.
2009(1) LAW HERALD (SC) 131 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. 2067 of 2008…
Accident Law–Impleading of Insurance–Liability of the insurance company arises for the purpose of reimbursement of the amount of compensation found to be payable by the owner of the vehicle insured–It is only in exceptional cases and as provided for under Section 170 of the Act, the insurance company can defend a claim petition–Only on limited grounds it may be permitted to question the quantum of compensation–Motor Vehicles Act, 1988, Section 170.
2009(1) LAW HERALD (SC) 126 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. 7318 of 2008…
Arbitration–An independent Arbitration clause in Agreement is not terminated by rescinding of other collateral agreement. Arbitration Agreement–An agreement to enter into an agreement is not enforceable nor does it confer any right upon parties.
2009(1) LAW HERALD (SC) 122 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J.M. Panchal Arbitration Application No. 22 of 2007 Speech & Software Technologies (India) Pvt.…
Held; while considering an application for bail, detailed discussion of evidence and elaborate documentation of merit is to be avoided–No party should have impression that his case has been pre-judged–Existence of prima facie case is only to be considered–No merit–Appeal dismissed
2009(1) LAW HERALD (SC) 117 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. 406…
Rape–Law no were provides that it is not possible for a single man to commit sexual inter course with a healthy adult female in full possession of her sense against her will.
2009(1) LAW HERALD (SC) 114 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. 2044…