SEBI–De-recognition of Stock Exchanges–Whether in the absence of publication of the Rules and Bye-laws of the BSE, which had been framed prior to its recognition in 1956 under the Act, its activities could be said to be without authority–Held , No.
2010(1) LAW HERALD (SC) 467 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Special Leave Petition (Civil) No. 21686…
Arbitration–Award–Lack of detailed reasons cannot be claimed as an infirmity and the Award can only be accepted
2010(1) LAW HERALD (SC) 466 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice J.M. Panchal The Hon’ble Mr. Justice B.S.…
Major penalty was imposed upon him–Appellant preferred appeal–Division Bench remitted the matter to the Single Judge to be heard afresh–No serious infirmity with the impugned judgment of the Division Bench–However, the appellant has been facing inquiry and Court proceedings for almost twenty five years and at this stage remitting the matter to the Single Judge would be very harsh–Supreme Court directed that instead of withholding of two increments, three increments be withheld which should meet the ends of justice.
2010(1) LAW HERALD (SC) 464 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Asok Kumar Ganguly Civil Appeal Nos. 475-476 of…
Indian Penal Code, 1860, S. 302–Murder–Murder of Wife–Circumstantial evidence –Burn injuries–Kerosene oil stove was planted at the site in a fake attempt to hide the homicidal death–Prosecution proved beyond pale of doubt that the deceased died a homicidal death and not an accidental death on account of bringing insufficient dowry and appellant having extra-marital affairs–Presence of kerosene oil on the body of the deceased and clothes put on by her, rules out the theory of accidental fire.
2010(1) LAW HERALD (SC) 455 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M.Panchal Criminal Appeal No. 125 of 2009…
Investigation–Transfer of investigation to CBI–In an appropriate case when the court feels that the investigation by the police authorities is not in the proper direction, it is always open to the court to hand over the investigation to the independent agency like CBI –Cannot be said that after the charge sheet is submitted, SC is not empowered, to hand over the investigation to an independent agency like CBI. Investigation–Transfer of investigation to CBI–Accusations are directed against the local police personnel in which high Police officials of the State involved– Direction issued to CBI to take up the investigation
2010(1) LAW HERALD (SC) 441 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Aftab Alam Writ Petition (Crl.) No.6 of 2007…
Award–High Court while examining objections to the well reasoned award under Section 30 of the Act, 1940, cannot re-appreciate the evidence led by parties before arbitrator to substitute its own opinion.
2010(1) LAW HERALD (SC) 436 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 8019 of…
PIL–Classic case of the abuse of the process of the court–Appointment of Judge of a High Court challenged before the High Court in a Public Interest Litigation on the ground that he could not hold the Office and was ineligible because he had attained the age of 62 years much before he was appointed as the Advocate General–Third clause of Article 165 says that the Advocate General shall hold office during the pleasure of the Governor, hence the provision does not limit the duration of his appointment by reference to any particular age–High Court entertained the petition despite the fact that the controversy involved in the case was no longer res integra –SC directed to quash the proceedings
2010(1) LAW HERALD (SC) 401 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dalveer Bhandari The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal Nos. 1134-1135 of 2002…
Absorption–Casual labours–If an appointment is made illegally or irregularly, the same cannot be the basis of further appointment–An erroneous decision cannot be permitted to perpetuate further error to the detriment of the general welfare of the public or a considerable section
2010(1) LAW HERALD (SC) 394 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J.M. Panchal The Hon’ble Mr. Justice Mukundakam Sharma Civil Appeal No. 2090 of 2007…
No delay was caused by petitioner in filing application for restoration–Petitioner had been diligently prosecuting the litigation since 1982–Improper to punish petitioner for non-appearance of his counsel–Orders of the High Court set aside.
2010(1) LAW HERALD (SC) 392 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.M. Lodha Civil Appeal Nos. 7648-7649 of 2009…
Relaxation in age limit–Concession in fee and age relaxation only enabled certain candidates belonging to the reserved category to fall within the zone of consideration but do not tilt the balance in favour of the reserved category candidates, in the preparation of final merit/select list–No infringement of Article 16(1) of the Constitution of India if relaxation in age or concession in fee given.
2010(1) LAW HERALD (SC) 372 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 74 of…