Agreement to Sell—The possibility of injury to the interest of third party does not, by itself, disentitle the plaintiff from specific performance
2018(3) Law Herald (SC) 1852 :2018 LawHerald.Org 1263 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Abhay Manohar Sapre Civil Appeal No. 5012…
Murder—Modification of charge—Acquittal—Sudden Fight—After exchange of heated words accused used the axe and gave blow on head of deceased causing multiple injuries—Deceased survived for one month after the attack—Appellant therefore cannot be said to have taken undue advantage of the same— Head injury caused was sufficient in the ordinary cause of the nature to cause death—Accused would fall under exception 4 to S.300 IPC— Conviction u/s 302 IPC modified to be under S.304 Part I IPC.
2018(3) Law Herald (SC) 1846 :2018 LawHerald.Org 1261 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogol Hon’ble Mrs. Justice R. Banumathi Criminal Appeal Nos. 2301-2302 of…
Advocates—An advocate appointed as Assistant Government Advocate cannot be treated to be in service under the State Government
2018(3) Law Herald (SC) 1806 :2018 LawHerald.Org 1254 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…
Arbitration—Award—Agreement between parties not to claim interest on security depositor any amounts payable to the contractor under the contract does not debar the arbitrator from granting interest pendente lite
2018(3) Law Herald (SC) 1801 :2018 LawHerald.Org 1253 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Civil Appeal Nos. 5964-5965…
Succession—Ancestral Property—Amendment came into force after the death of father of daughters—Therefore, daughters cannot be held to be co-parceners consequently not entitled to seek partition
2018(3) Law Herald (SC) 1840 :2018 LawHerald.Org 1260 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Abhay Manohar Sapre Civil Appeal No. 1933…
FIR—Second Complaint—Subsequent FIR upon discovery of a new fact is maintainable
2018(3) Law Herald (SC) 1836 -.2018 LawHerald.Org 1259 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V.Ramana Hon’ble Mr. Justice Mohan M. Shantanagoudar CrimmaZ Appeal No.857 Of 2018…
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque – Complaint – Locus standi of complainant – A person can maintain a complaint provided he is either a “payee” or “holder in due course” of cheque – Appellant/complainant could not produce any document to show that he was proprietor of firm – Appellant did not make any attempt to adduce additional evidence at appellate stage also – Mere statement in affidavit in this regard, is not sufficient to meet requirement of law – Appellant failed to produce any documentary evidence to connect himself with the firm
(2011) 74 ACC 573 : (2011) ACD 458 : (2011) 104 AIC 202 : (2011) 2 AICLR 348 : (2011) AIR(SCW) 1773 : (2011) 3 AIRBomR 126 : (2011) 2…
Forensic Evidence—Blood Stains— Murder—Merely because blood stains were disintegrated by the time the blood stains were examined by FSL, and the blood group could not be determined, the benefit of doubt cannot be extended to accused
2018(3) Law Herald (SC) 1789 :2018 LawHerald.Org 1255 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal No.…
Accident—Claim Petition—A mere statement that victim was unlawfully travelling on tractor, without any probable evidence cannot be taken into consideration
2018(3) Law Herald (SC) 1786 :2018 LawHerald.Org 1114 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice S Abdul Nazeer Civil Appeal No.…
Accident—Income—Deceased aged 29 years was working on temporary/contract basis in Government School—Deceased would have been made permanent in due course of time as per relevant service rules—Income of deceased taken as that of permanent employee.
2018(3) Law Herald (SC) 1783 :2018 LawHerald.Org 1113 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…