Service Law—Gratuity—Denial of—Misconduct-There must be termination on account of the alleged misconduct, which constitutes an offence involving moral turpitude.
(2017) AIR(SCW) 57 : (2017) 2 AIRBomR 127 : (2017) AIR(SC) 57 : (2017) 1 ALLMR 473 : (2017) 1 ApexCourtJudgments(SC) 271 : (2017) 2 BCR 62 : (2017) 1…
Testamentary suit–An appeal under Section 384 of Succession Act is a regular appeal and all questions are open to urge before appellate Court. Appeal–In an appeal from a decision of Single Judge of High Court in First appeal, a Division Bench has power to consider all questions whether of facts or of law, which could be raised before a Single Judge-
2008(1) LAW HERALD (SC) 463 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Appeal (civil) 398 of 2008 Gaudiya…
Marriage–Presumption of–Law presumes in favour of marriage and against concubinage when a man and woman have cohabited continuously for number of years.
2008(1) LAW HERALD (SC) 458 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Appeal (civil) 648 of 2002…
Evidence–Suspicions, however grave it may be cannot be a substitute for a proof. Circumstantial evidence–Test to be satisfied–Enumerated. Circumstantial evidence–Basis of Conviction–Scope of–Explained.
2008(1) LAW HERALD (SC) 449 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice G.S. Singhvi Appeal (crl.) 579 of 2005 Sattatiya…
Modification of Decree—No Decree or Revision shall be reversed or varied substantially on account of non- joinder or misjoinder of parties.
(2017) 173 AIC 86 : (2017) AIR(SCW) 2002 : (2017) AIR(SC) 2002 : (2017) 122 ALR 508 : (2017) 4 AndhLD 81 : (2017) 2 ApexCourtJudgments(SC) 418 : (2017)…
Remand of Case— When the first appellate court Itself did not decide the appeal on merits and considered it proper to remand the case to the Trial Court, a fortiori, the High Court had no jurisdiction to decide the appeal –on merits.
(2017) 176 AIC 214 : (2017) AIR(SCW) 2402 : (2017) AIR(SC) 2402 : (2017) AllSCR 1270 : (2017) 123 ALR 817 : (2017) 4 AndhLD 180 : (2017) 2 ApexCourtJudgments(SC)…
Cabinet approves amendment to law on cheque bounce cases An amendment to the Negotiable Instruments Act will allow a court to order for payment of an interim compensation to those whose cheques have bounced
The amendment is likely to be introduced in the ongoing winter session of parliament. Photo: iStockphoto New Delhi: The cabinet on Friday approved an amendment to a current law to…
Adverse Possession–Unless the person possessing the land has a requisite animus, the period of prescription does not commence. Adverse Possession–Mere long possession for a period of more than 12 years without anything more do not ripen into a title.
2008(1) LAW HERALD (SC) 442 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. 4880 of…
Regularization–Creation of Post–Court cannot direct the creation of posts and it is beyond its jurisdiction.
2008(1) LAW HERALD (SC) 432 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A. K. Mathur The Hon’ble Mr. Justice Markandey Katju Appeal (civil) 5732 of 2007…
Eviction–Notice–Unless the landlord has given to tenant one month’s notice expiring with a month of tenancy, he cannot any of provisions either under Tenancy Act or under TP Act.
2008(1) Law Herald (SC) 427 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 7116 of 2004…