Wakf— Notified list—If any property had been omitted to be included in the list of auqaf by inadvertence or otherwise, then it was/is for the Wakf Board to take action within a period of one year from the date of publication of the Gazette notification. Rejection of Plaint—If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that b of us litigation will end at the earlier stage
2017(2) Law Herald (SC) 1619 : 2017 LawHerald.Org 1043 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.K.Agrawal The Hon’ble Mohan M. Shantanagoudar Civil Appeal No. 5368…
Execution of Decree—Part Payment—If the Court does not certify the payment made by the judgment debtor then such payment shall not be recognized by any Court executing the decree for the purpose of giving adjustment to the judgment debtor against the decretal amount.
2017(2) Law Herald (SC) : 2017 LawHerald.Org 1143 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice R. Banumathi Civil Appeal No.8943 of…
Freedom of Expression—Exhibition of film ‘Indu Sarkar’ which refers to period of emergency—It is an artistic expression within the parameters of law-Prohibition on its release declined
2017(2) Law Herald (SC) 1610 : 2017 LawHerald.Org 1141 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice DipakMisra Hon’ble Mr. Justice Amitava Roy Hon’ble Mr. Justice A.M. Khanwilkar…
Service Law—Seniority–Absorbees who were appointed on specific terms that they would deemed to be new recruits cannot claim benefit of service rendered in previous cadre and period of deputation.
2017(2) Law Herald (SC) 1601 : 2017 LawHerald.Org 1137 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Sanjay Kishan Kaul Civil Appeal No. 9316-9320 of 2013 Mrigank Johri…
Domestic Violence—To claim residence order in shared house hold women must have lived in that house in a domestic relationship.
2017(2) Law Herald (SC) 1596 : 2017 LawHerald.Org 1142 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Sanjay Kishan Kaul Civil Appeal No. 2500 Of 2017 Manmohan…
Narcotics—Conscious Possession—Presumption against the accused of culpability are rebuttable—It does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt. Narcotics—Non-joining of independent witness—If an independent witness is available, and the prosecution initially seeks to rely upon him, it cannot suddenly discard the witness because it finds him inconvenient, and place reliance upon police witnesses only.
2017(2) Law Herald (SC) 1592 : 2017 LawHerald.org 1140 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Navin Sinha Criminal Appeal No. 1053 of 2016 Naresh Kumar Alias…
Admissibility of Document—Objection as to method—An objection relating to the mode or method of proof has to be raised at the time of making of the document as an exhibit and not later. Admissibility of document—Objections regarding admissibility of documents which are per se inadmissible can be taken even at the appellate stage because it is a fundamental issue. Electronic Record—Objection as to admissibility—Call records of mobile was admitted during trial without any objection that required certificate is not tendered—Such objection regarding mode or method of proof cannot be taken a t appella te stage.
2017(2) Law Herald (SC) 1578 : 2017 LawHerald.org 1135 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S. A. Bobde Hon’ble Mr. Justice L. Nageswara Rao CRIMINAL APPEAL…
Preventive Detention—Blanket order of detention without specifying the period of detention cannot be passed.
2017(2) Law Herald (SC) 1576 : 2017 LawHerald.Org 1134 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice Prafulla C. Pant CRIMINAL APPEAL…
Cheating–Agreement to sell–Sale deed executed–2 rooms demolished before execution–Whether two rooms formed the part of sale deed–Civil Suit pending regarding that–Dispute is of civil nature–Criminal Proceedings quashed.
2007(5) LAW HERALD (SC) 4040 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. 1444 of…
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…