Eviction proceedings initiated by the landlord against the tenant were maintainable even if the Company was ‘sick’ under SICA and Section 22 of that Act would not operate as bar to such proceedings.
2007(5) LAW HERALD (SC) 3673 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce C.K. Thakker The Hon’ble Mr. Jusitce P. Sathasivam Civil Appeal No. 2805 of…
Accident–Non payment amount of damages covered by insurance policy–Deficiency in service–Whether renewal of a licence granted to drive a motor vehicle which was originally found to be forged would lead to any liability on the part of the insurance company ? NO.
2007(5) LAW HERALD (SC) 3668 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. 4883…
Probate–An application under Section 263 of the Succession Act for revocation of grant of probate would be maintainable, on the premise that the appellant’s name was not cited in the said application for grant of probate
2007(5) LAW HERALD (SC) 3662 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce S.B. Sinha The Hon’ble Mr. Jusitce Harjit Singh Bedi Civil Appeal No.…
Suit against Government–Notice–Leave of Court–If leave is refused by the original court, it is open to the superior courts to grant such leave as otherwise in an emergent situation a litigant may be left without remedy once such leave is refused and he is required to wait out the statutory period of two months after giving notice.
2007(5) LAW HERALD (SC) 3655 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 1451…
Extention was also directed by High Court–Since as per Supreme Court’s order the mining operation in entire area is prohibited–Therefore no relief can be granted–Appeal dismissed.
2007(5) LAW HERALD (SC) 3652 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 5874 of…
Suspension of sentence–Study leave–To be entitled to benefit convict has to suffer at least 8 years of custody.
2007(5) LAW HERALD (SC) 3647 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. 1222 of…
Principle of quantum meritum–Extra work done–A person who does work or who supplies goods under a contract, if no price is fixed, is entitled to be paid a reasonable sum for his labour and the goods supplied.
2007(5) LAW HERALD (SC) 3639 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.…
Suspension of sentence and conviction–Possible delay in disposal of the appeal and there are arguable points by itself may not be sufficient to grant suspension of a sentence. Inherent Power–High Court can modify its own interlocutory order when the matter is yet to be finally disposed of.
2007(5) LAW HERALD (SC) 3634 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. 1251…
Confiscation of vehicle–Claim against–Fact that there was no evidence led by the plaintiff to substantiate the claim of income–Decree set aside.
2007(5) LAW HERALD (SC) 3631 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.…
Second Appeal–Whether the lower appellate court was just and proper in throwing the burden against the plaintiff to prove Exhibit agreement of sale executed in his favour–Question cannot be termed as a substantial question of law
2007(5) LAW HERALD (SC) 3630 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 4312 of…