Service and Labour Law—Muster rolls were produced for the entire period which clearly indicated that employee had not worked for the period he claimed to have worked—Orders of Labour Court and High Court reinstating the employee, set aside.
2007(4) LAW HERALD (SC) 2981 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. 1255…
Service Law—An Office Memorandum cannot have a retrospective effect unless and until intention of the authorities to make it as such is revealed expressly or by necessary implication in the Office Memorandum.
2007(4) LAW HERALD (SC) 2977 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramaniyan Civil Appeal No. 3521 of 2007…
Quashing of FIR—Police Report—High Court in quashing the FIR in the exercise of its inherent powers under Section 482 of the Code by relying on the investigation report and the findings made therein has acted beyond its jurisdiction
2007(4) LAW HERALD (SC) 2967 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Tarun Chatterjee Criminal Appeal No. 1242 of…
Common intention—A common intention may be developed on the spot, but the same must not only be developed but also must be shared with the other accused.
2007(4) LAW HERALD (SC) 2962 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. 1310 of…
Award—Non-speaking order—Scope of interference in a non-speaking award is extremely limited–The Court cannot probe into the mental process of the arbitrator.
2007(4) LAW HERALD (SC) 2958 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 2668 of 2007…
Second Appeal—Substantial question of law—Law summed up.
2007(4) LAW HERALD (SC) 2953 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 4306 of 2007…
Exparte order—Whether the State Commission has power to recall the exparte order–Matter referred to larger bench.
2007(4) LAW HERALD (SC) 2951 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. 4307…
Accident—Invalid driving licence—Driver driving lorry on licence of LMV—Insurer not liable.
2007(4) LAW HERALD (SC) 2947 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. 4308 of…
Education Law–Unauthorized construction on green belt area by an educational institute/trust cannot be regularized merely–Primary education is a fundamental right. Constitution of India, Article 21A—Education Law–Green Belt Area—Unauthorize
2007(4) LAW HERALD (SC) 2945 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 4309 of…
Service Law—Appointment—Cancellation of—Merely because mistake had been committed in one case , there is no rational for perpetuating that mistake in other cases.
2007(4) LAW HERALD (SC) 2940 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 4310 of 2007…