Grievous Hurt–Benefit of probation not granted as injuries were caused intentionally.
2007(5) LAW HERALD (SC) 4037 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 766 of…
Letter Patent Appeal—An order passed by the single judge in exercise of Article 226 of the Constitution relating to criminal jurisdiction, cannot be made the subject matter of infra-court appeal—It is not provided for and it would be legally inappropriate to think so. Quashing—Letter Patent Appeal against order of single judge under criminal jurisdiction is not maintainable.
2017(2) Law Herald (SC) 1556 : 2017 LawHerald.Org 1214 IN THE SUPREME COURT OF INDIA Befor.e Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Mohan…
Service Law—Pension—Casual Labour—Period of casual labour prior to grant of temporary status has to be counted to the extent of 50% for pensionary benefits.
2017(1) Law Herald (SC) 1543 : 2017 LawHerald.org 3205 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr Justice A.K. Sikri Hon’ble Mr Justice Ashok Bhushan Civil Appeal No. 3938…
Landlord & Tenant-Eviction-Arrears of Rent-Landlord made statement before High Court that they have no objection if tenant pays enhanced rent-In compliance of High Court’s order tenant deposited the amount as directed-Thereafter, landlord cannot agitate that no such concession was made
2017(2) Law Herald (SC) 1541 : 2017 LawHerald.Org 526 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal Nos.…
Arbitrator–Appointment of- -Once the arbitrator has become ineligible by operation of law, he cannot nominate another as an arbitrator. The arbitrator becomes ineligible as per prescription contained in Section 12(5) of the Act. It is inconceivable in law that person who is statutorily ineligible can nominate a person.
2017(3) Law Herald (P&H) 2284 (SC) : 2017 LawHerald.Org 1222 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…
Landlord & Tenants—Eviction–Bonafide requirement of landlord concurrently upheld by court– Merely because another view is possible in exercise of the revisional jurisdiction, the High Court cannot upset the factual findings.
2017(3) Law Herald (P&H) 2282 (SC) : 2017 LawHerald.Org 1218 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mrs. R. Banumathi Civil Appeal No. 1384…
Confession is a substantive piece of evidence, but as a ‘Rule of Prudence’ the Court should seek other corroborative evidence to test its veracity. Kidnapping and Extortion–The act of kidnapping for extorting ransom from the victim cannot be termed as an act committed “with intent to overawe the Government as by law established–TADA not applicable. Confession–Admissibility of–The mere fact that retracted subsequently is not a valid ground to reject the confession. The crucial question is whether at the time when the accused was giving the statement he was subjected to coercion, threat or any undue influence or was offered any inducement to give any confession
2007(5) LAW HERALD (SC) 4030 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan The Hon’ble Mr. Justice G. P. Mathur Criminal Appeal No.…
Electricity–Payment of interest on security deposit–There is nothing in the Electricity Act or Schedule VI of Supply Act that interest must be paid on the security deposit–Any decision denying interest must be justified by cogent reasons.
2007(5) LAW HERALD (SC) 4026 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice R.V. Raveendaran Civil Appeal No. 1019 of…
Arbitrator–Appointment of–Without verifying the fact that whether notice was duly served to all the respondents–Order set aside.
2007(5) LAW HERALD (SC) 4021 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 5366 of…
Insurance–Denial of recovery of amount of insurance on the death of an insured on the ground of non disclosure of material facts in the declaration form held to be justified.
2007(5) LAW HERALD (SC) 4015 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. 5322…