The truck driven by the respondent No. 2 almost came to the centre of the road and the appellant must have been put in a dilemma and in the agony of that moment, the appellant’s failure to swerve to the extreme left to the road did not amount to negligence. Thus, there was no contributory negligence on his part especially when the respondent No. 2, the truck driver had no case that the appellant was negligent. Motor Vehicles Act, 1939 – Section 110-B – Contributory negligence –
(2002) ACJ 1720 : AIR 2002 SC 2864 : (2002) 6 JT 380 : (2002) 3 PLR 467 : (2002) 5 SCALE 493 : (2002) 6 SCC 455 : (2002)…
The Trial Court has found that when the version, as regards the recovery was truthfully and fully corroborated, was acceptable and there was no reason to reject the version of the witness – The medical evidence substantially establishes the intention of the accused to eliminate the deceased and the injuries sustained by the deceased discloses the coordinated vengeance with which the assault was caused by the Appellants, in order to ensure that the deceased did not survive – Appeals dismissed.
(2013) 5 ABR 841 : (2013) 7 AD 664 : AIR 2013 SC 3510 : (2013) CriLJ 4011 : (2013) 8 SCALE 131 : (2013) 12 SCC 721 SUPREME…
Motor Vehicles Act, 1988 – Sections 168 and 173 – Compensation – Just compensation – Death in accident – High Court while reducing quantum of compensation as well as rate of interest failed to assign any reason – Impugned order of High Court being non-speaking order calls for interference
(2012) ACJ 2328 : AIR 2012 SC 3263 : (2013) 115 CLT 330 : (2012) 7 JT 517 : (2012) 168 PLR 784 : (2013) 1 RCR(Civil) 220 : (2012)…
Indian Penal Code, 1860, S.185–False Statement- In order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio-Criminal Procedure Code, 1973, S.195.
2017(1) Law Herald (SC) 144 : 2017 LawHerald.Org 513 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Abhay Manohar Sapre Criminal…
Dishonour of Cheque—Appeal/Revision against convition not to be dismissed for non payment of fine.
2007(4) LAW HERALD (SC) 2864 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar Civil Appeal No. 745…
Labour Law—Bonus—‘Wages’ does not include “bonus”.
2007(4) LAW HERALD (SC) 2853 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2204 of 2007…
Arbitrator—Appointment of—It there being an agreed procedure for resolution of disputes by arbitration in accordance with rules of arbitration of India Council of Arbitrator, then Section 11(3) (4) (5) can have no application.
2007(4) LAW HERALD (SC) 2846 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 2386…
Unnatural Death of women after 10 years of marriage—Presumption—Acquittal—Held; Burden of proof it is not for the accused to show under circumstances death was caused—Conviction set aside.
2007(4) LAW HERALD (SC) 2845 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No.552 of 2002…
Service Law—Whether promotee can be granted retrospective promotion or seniority as against direct recruits—Matter referred to larger bench.
2007(4) LAW HERALD (SC) 2843 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 1331 of 2001…
Writ jurisdiction—Contractual matter—It is neither appropriate nor permissible for two departments of a State or the Union of India to fight litigation in a court of law.
2007(4) LAW HERALD (SC) 2838 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 3143…