Decree obtained by fraud—Such a judgment, decree or order —by the first Court or by the final Court— has to be treated as nullity by every Court. When sale to become absolute be set aside—Where a third party challenges the judgment-debtor’s title by filing a suit against the auction-purchaser, the decree holder and the judgment-debtor should be necessary parties to that suit and if the suit is decreed, the Court shall direct the decree-holder to refund the money to the auction-purchaser.
2007(4) LAW HERALD (SC) 3365 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4727…
Presumption of Dowry Death—Distinction between—Section 113A of the Act relates to offences under Sections 498-A and 306 of the Code, whereas Section 113B relates to Section 304-B thereof. Dowry demand—It was not necessary that demand of any particular item should have been made.
2007(4) LAW HERALD (SC) 3359 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. 1088 of…
Consumer Protection Act, 1986, S.12–lnsurance–Theft of Vehicle-Delay of 21/2 months in giving intimation of theft by insured to insurer-It amounts to breach of policy-Insured was obligated to give intimation immediately after theft came to his knowledge-Mere intimating the police or lodging FIR does not amount to sufficient compliance-Claim held to be rightly repudiated.
2017(1) Law Herald (SC) 558 (NCDRC) : 2017 LawHerald.Org 598 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’ble Mr. Presiding Member V.K. Jain Revision Petition No. 176 of…
Housing—Non-approval of plan—Non payment of balance amount—If one party to the agreement fails to perform his part of the contract, it cannot compel the other party to the agreement to perform its part which the other party is required to perform.
2017(1) Law Herald (SC) 553 (NCDRC) : 2017 LawHerald.Org 599 IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION Before The Hon’bfe Mr. Presiding Member V.K. Jain Consumer Case No. 282 of…
Remand— Only when a charge sheet is not filed and investigation is kept pending, benefit of proviso appended to Sub-section (2) of Section 167 of the Code would be available to an offender; once, however, a charge sheet is filed, the said right ceases. Such a right does not revive only because a further investigation remains pending within the meaning of Sub-section (8) of Section 173 of the Code. Investigation–Further investigation can be carried on despite filing of a police report, in terms of Section 173(8) Cr.P.C.
2007(4) LAW HERALD (SC) 3348 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.…
Sanction—The order granting sanction must be demonstrative of the fact that there had been proper application of mind on the part of the sanctioning authority. Sanction—Only because an order of sanction contains certain irregularities, the court would not set aside an order of conviction.
2007(4) LAW HERALD (SC) 3342 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. 766…
Rape on minor—Punishment–It must depend upon the conduct of the accused, the state and age of the sexually assaulted female and the gravity of the criminal act. Rape on minor—Sentence less than–Minimum punishment of 10 years—Recourse to the proviso can be had only for “special and adequate reasons” and not in a casual manner.
2007(4) LAW HERALD (SC) 3337 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. 782 of 2001…
Murder–Circumstantial Evidence–It is not an inflexible rule that the identification of the body, cause of death and recovery of weapon with which the injury may have been inflicted on the deceased are not established, it would result in acquittal provided the charges against the accused otherwise can be established on the basis of the other reliable and trustworthy evidence.
2007(4) LAW HERALD (SC) 3327 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice B.Sudershan Reddy Criminal Appeal No. 101 of…
Voluntary causing hurt—Compounding of offence—Permission of the Court is not necessary. Compounding of offences–Once the offences have been compounded and the requisite permission is granted by the Court, the accused must be acquitted.
2007(4) LAW HERALD (SC) 3324 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. 1302 of…
‘Murder’ and ‘culpable homicide not amounting to murder’ distinction between explained. Culpable Homicide—Single blow—No rule of universal application that whenever one blow is given Section 302 IPC is ruled out. It would depend upon the facts of each case.
2007(4) LAW HERALD (SC) 3318 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. 1221 of…