Territorial Jurisdiction–Change of residence subsequent to decision of the Court would not confer territorial jurisdiction in the Court which it did not have.
2007(5) LAW HERALD (SC) 3802 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4811 of…
Electricity–Grant of licence–Competency to supply electricity to any person without using the transmission lines of Electricity Board being a generating company–Tribunal to examine the entire grounds of appeal.
2007(5) LAW HERALD (SC) 3799 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 3996…
Bribe–Acquittal–Accused had no knowledge regarding the money being bribe.
2007(5) LAW HERALD (SC) 3796 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1309 of…
Urban Ceiling–A person aggrieved who had a remedy of appeal under Section 33 has no statutory right to move in revision–However, for the exercise of revisional power by the State Government it is open to the State Government to examine a petition and on the basis of material indicated therein to decide whether any action in terms of Section 34 is called for.
2007(5) LAW HERALD (SC) 3792 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…
Murder–Bodily Injury–Intention–Factors to be proved, enumerated. Murder–Single blow–Infliction of a single injury by itself is not a relevant factor to hold that the assailant had no intention to cause murder of the deceased.
2007(5) LAW HERALD (SC) 3787 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1276…
First Information Report—Police Officers had a duty to register the first information report once the allegations disclosed commission of a cognizable offence–But, in an appropriate case, the Police Officers also have a duty to make a preliminary enquiry so as to find out as to whether allegations made had any substance or not. House Trespass–Right of a co-sharer to enjoy the joint family property is a civil right–Criminal proceedings, cannot be taken recourse to for enforcing such a civil right.
2007(5) LAW HERALD (SC) 3784 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1432…
Land and Property Law–It may be true that absence of lawful entitlement by itself may not be sufficient to pass a judgment and decree in favour of the State and against the land grabber, but also it must be shown that he had taken illegal possession thereof. Only because a person has entered into possession of a land on the basis of a purported registered sale deed, the same by itself, would not be sufficient to come to the conclusion that he had not entered over the land unauthorisedly, unfairly, or greedily. Question of title—An abstract belief on the part of the vendee that its vendor had a marketable title and it was getting a good title to the land is not decisive.
2007(5) LAW HERALD (SC) 3766 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4755 of…
Accomplice–An accomplice is a competent witness and the conviction is not illegal merely because it proceeds on an uncorroborated testimony of an accomplice. Accomplice–The rule is that the necessity of corroboration is a matter of prudence except when it is safe to dispense with such corroboration must be clearly present in the mind of the Judge. Pardon to accomplice—The stage of examining the approver comes only after he has been granted pardon.
2007(5) LAW HERALD (SC) 3758 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No.…
Murder–Contention that with proper medical care the deceased could have survived and therefore Section 302 IPC has no application–Plea unsustainable.
2007(5) LAW HERALD (SC) 3754 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 1529…
Civil Procedure Code, 1908, Section 25—Transfer of case—Defamation case—Respondent filed case at Mumbai
2007(5) LAW HERALD (SC) 3753 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K.G. Balakrishnan The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice V.S.…