SARFAESI—Borrower/debtor can approach the Debts Recovery Tribunal under section 17 of the Act at the stage of the possession notice referred to in rule 8(1) and 8(2) of the 2002 Rules—Borrower need not to wait unless he loses actual (physical) possession of the secured assets.
2018(4) Law Herald (SC) 3020 : 2018 LawHerald.org 1778 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mr. Justice Navin Sinha Civil Appeal No. 10873…
Revision—Scope of—An erroneous decision on a question of law reached by the subordinate court which has no relation to questions of jurisdiction of that court cannot be corrected by the High Court under Section 115 CPC.
2018(4) Law Herald (SC) 3006 : 2018 LawHerald.org 1777 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal No. 10853…
Arbitration Agreement—Need not to be signed in all circumstances to make it valid
2018(4) Law Herald (SC) 3003 : 2018 LawHerald.org 1776 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon’ble Mr. Justice Navin Sinha Civil Appeal Nos.…
Cross Objection—First Appellate Court in an appeal by plaintiff cannot reverse the finding on an issue favour of plaintiff in absence of cross objection by defendant on that issue
2018(4) Law Herald (SC) 2999 : 2018 LawHerald.org 1775 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice 8. Abdul Nazeer Civil Appeal…
Workmen Compensation—Interest on Compensation—Relevant date for determination of the rate of compensation is the date of accident and not the date of adjudication of the claim by the Commissioner
2018(4) Law Herald (SC) 2994 : 2018 LawHerald.org 1774 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…
Accident—Personal Expenses—Even if deceased had low income deduction of one third of income towards his personal expenditure is proper.
2018(4) Law Herald (SC) 2992 : 2018 LawHerald.org 1772 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…
Service Law—Past Service—Seniority—Inter-Company transfer on personal request—The service rendered by him in old company can be and ought to be taken into account for all other purposes, other than for determination of his seniority in the new company
2018(4) Law Herald (SC) 2984 : 2018 LawHerald.org 1771 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…
Panchayat Law—No Confidence Motion—President ofpanchayat well knowingly participated in the meeting and the resolution was passed against her—After losing in the voting process, the challenge cannot be made to the procedure of calling the meeting
2018(4) Law Herald (SC) 2978 : 2018 LawHerald.org 1770 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…
Arbitration—Place of Arbitration—The word ‘determination’requires a positive act to be done— The sittings at various places are relatable to venue—It cannot be equated with the seat of arbitration or place of arbitration which has a different connotation.
2018(4) Law Herald (SC) 2961 : 2018 LawHerald.org 1769 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…
Criminal Procedure Code, 1973, S.125–Maintenance–Proof of Marriage–Under S.125 Cr.P.C, strict proof of marriage is not necessary—Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 Cr.P.C, such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy.
2018(4) Law Herald (SC) 2954 : 2018 LawHerald.org 1768 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. Banumathi Honble Mrs. Justice Indira Banerjee Criminal Appeal Nos. 2368-2369…