Eviction—Heir of Tenant—Brother of deceased lady tenant does not fall within definition of’ family’ Succession—Female Hindu—The property inherited from the husband and father-in-law would devolve upon the heirs of husband/father-in-law from whom she inherited the property and not to her parental relative.
(2017) 172 AIC 145 : (2017) AIR(SCW) 915 : (2017) AIR(SC) 915 : (2017) 2 AllLJ 685 : (2017) 5 ALLMR 468 : (2017) 122 ALR 40 : (2017) 2…
Reinvestigation—After taking of cognizance, Magistrate cannot suo moto issue directions or on the request or prayer of the complaint/Informant for reinvestigation
(2017) 98 ACrC 907 : (2017) 171 AIC 1 : (2017) 2 AICLR 322 : (2017) AIR(SCW) 774 : (2017) 1 AIRJharR 848 : (2017) AIR(SC) 774 : (2017) AllSCR(Crl)…
Dowry demand—Customary gifts of gold and clothes to husband cannot be termed as dowry demand. Dowry Death—Demand made about two years prior to Incident— Would not satisfy the requirement of “soon before her death”.
(2016) 94 ACrC 27 : (2016) 160 AIC 94 : (2016) 2 AICLR 142 : (2016) AIR(SCW) 882 : (2016) 2 AirKarR 257 : (2016) AIR(SC) 882 : (2016) AllSCR(Crl)…
FIR–Where a Magistrate does not explicitly directs to register a FIR, but directs for investigation, the Police should register a FIR.
(2016) 94 ACrC 494 : (2016) 161 AIC 246 : (2016) 2 AICLR 412 : (2016) AIR(SCW) 814 : (2016) 1 AIRBomR(Cri) 708 : (2016) AIR(SC) 814 : (2016) ALLMR(Cri)…
Law Officers—Appointment of—Directions issued to State of Punjab and Haryana to frame policy and till then a selection committee would short list the applications and recommend it to committee of Judges which would further be sent to Chief Justice for his views—State Government shall then appoint the candidate on basis of views expressed by Chief Justice on suitability—All fresh and re appointments to be done under this process.
2016) 6 ADJ 14 : (2016) AIR(SCW) 1629 : (2016) AIR(SC) 1629 : (2016) AllSCR 1795 : (2016) 3 AllWC 2846 : (2016) 1 BBCJ 567 : (2016) 3 GujLH…
Dying Declaration–Oral dying declaration made by deceased ought to be treated with care and caution since maker of statement cannot be subjected to any cross-examination.
2008(1) LAW HERALD (SC) 529 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.P. Naolekar The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 178 of 2006…
Termination–Closure of a Unit–If a unit or part of an undertaking which has no functional integrity with other units is closed, it will amount to closure within the meaning of Section 25FFF of the Act.
2008(1) LAW HERALD (SC) 524 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3735-3738 of 2007…
Contempt–In case there is non compliance of orders of Supreme Court, Supreme Court will take very serious view of the matter and pass appropriate orders.
2008(1) LAW HERALD (SC) 520 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Contempt Petition (Civil) 222 of 2006…
Seniority–Executive Instructions–Where rules are silent on a particular point or there are no rules, Govt. can issue executive instructions to fill the gap not covered by Rules and such instructions must not be inconsistent with the rules already framed
2008(1) LAW HERALD (SC) 515 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 5013 of 2000…
Investigation–Police has a right of further investigation under Section 173(8) Cr.P.C. but not fresh investigation or re-investigation.
2008(1) Law Herald (SC) 510 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Lokeshwar Singh Panta Appeal (crl.) 1119 of 2004…