Rent Law–Judicial Review–Fixation of rent is an administrative function and the court cannot sit as a Court of appeal over administration decisions.
2007(4) LAW HERALD (SC) 3219 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2426-2428 of 2000…
Employee–High Court while dealing with the appeals under Section 82(2) of the Act is required to analyse the factual position to see whether the definition of employee in terms of Section 2(9) of the Act applies to the facts of the case.
2007(4) LAW HERALD (SC) 3216 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. 702-709 of 2001…
Arbitrator—Appointment of—Section 10(1) of the Act provides that the parties are at liberty to determine the number of arbitrators provided such number shall not be an even number. In default of determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator in terms of Section 10(2) of the Act.
2007(4) LAW HERALD (SC) 3206 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Lokeshwar Singh Panta Arbitration Petition 1 of 2007 [Under Section 10 (2) read with…
Written Statement—Legal Representatives are entitled to file additional written statement after their impleadment.
2007(4) LAW HERALD (SC) 3201 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce A.K. Mathur The Hon’ble Mr. Jusitce Markandey Katju Civil Appeal No. 117 of…
Murder—Disclosing of name of accused— Only because there had been profuse bleeding, the same by itself would not lead to the conclusion that the deceased was not in a position to speak.
2007(4) LAW HERALD (SC) 3196 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce S.B. Sinha The Hon’ble Mr. Jusitce Harjit Singh Bedi Criminal Appeal No. 1200 of…
First Information Report—Only information in regard to commission of an offence may not for all intent and purport satisfy the requirement of the First Information Report. First Information Report—A First Information Report cannot be lodged in a murder case after the inquest has been held. Motive—Proof of motive by itself may not be a ground to hold the accused guilty.
2007(4) LAW HERALD (SC) 3189 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce S.B. Sinha The Hon’ble Mr. Jusitce Harjit Singh Bedi Criminal Appeal Nos. 844-846…
Inherent Powers–Material witness—Summoning of High Official—No doubt that the High Court has power to summon these officials, but that should be done in very rare and exceptional cases when there are compelling circumstances to do so.
2007(4) LAW HERALD (SC) 3186 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce A.K. Mathur The Hon’ble Mr. Jusitce Markandey Katju Criminal Appeal No. 1338 of…
Fine—Imprisonment in default of payment of fine—Provisions of IPC and Cr.P.C. relating to award of imprisonment in default of payment of fine would apply to all cases wherein fines have been imposed on an offender unless “the Act, Regulation, Rule or Bye-law contains an express provision to the contrary”. Fine—Imprisonment in default of payment of fine—The nature of offence, circumstances under which it was committed, the position of the offender are relevant considerations
2007(4) LAW HERALD (SC) 3172 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce C.K. Thakker The Hon’ble Mr. Jusitce Altamas Kabir Criminal Appeal No. 1375 of…
Culpable Homicide—Reduction in Sentence—Appellants were not convicted for substantive offence but by being member of unlawful assembly.
2007(4) LAW HERALD (SC) 3166 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1313 of…
Bail–Contraband–Recovery of 400 kgs of poppy straw–Bail declined as conditions under Section 37 NDPS were not complied with.
2007(4) LAW HERALD (SC) 3163 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1223 of…