Adultery—A law which deprives women of the right to prosecute, is not gender-neutral—Wife of the adulterous male, cannot prosecute her husband for marital infidelity—S.497 IPC struck down being unconstitutional. Adultery—It is not a criminal offence but undoubtedly is a moral wrong qua the spouse and the family Adultery—Section 497 is a denial of the constitutional guarantees of dignity, liberty, privacy and sexual autonomy which are intrinsic to Article 21 of the Constitution
2018(3) Law Herald (SC) 2462 : 2018 LawHerald.Org 1598 IN THE SUPREME COURT OF…
Eviction—Change of User—In absence of any restriction in rent agreement with regard to change in nature of business EVICTION CANNOT be made on ground of change of user.
2018(3) Law Herald (SC) 2419 : 2018 LawHerald.Org 1581 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr, Justice L. Nageswara Rao Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…
Accident—Personal Expenses—Where the family of the bachelor is large and dependent on the income of the deceased, his personal and living expenses may be restricted to one-third, as contribution to the family will be taken as two-third. Accident—Just Compensation—More than claimed—Court is duty bound and entitled to award “just compensation”, irrespective of whether any plea in that behalf was raised by the claimant or not. Accident—Filial Consortium—It is the right of the parents to compensation in the case of an accidental death of a child—An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. Accident—Interest on Compensation—Deceased was aged 24 years and his income assessed as that of unskilled worker—Compensation awarded with 12% interest p.a. from date of filing claim petition.
2018(3) Law Herald (SC) 2410 : 2018 LawHerald.Org 1582 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…
Arbitration—Limitation for challenging award under S.34 of the Act cannot be extended with aid of S. 17 of Limitation Act.
2018(3) Law Herald (SC) 2395 : 2018 LawHerald.Org 1597 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Ramana Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal…
Accident—Appeal—High Court is under legal obligation to decide all issues arising in the case both on facts and law after appreciating the entire evidence.
2018(3) Law Herald (SC) 2387 : 2018 LawHerald.Org 1585 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal…
Bail—Merits of Case—Court must not go into deep into merits of the matter while considering bail application
2018(3) Law Herald (SC) 2383 : 2018 LawHerald.Org 1584 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal…
Advocates—Right to Practise—Advocates can continue to practice law while being Legislators (MPs/MLA/MLCs)
2018(3) Law Herald (SC) 2366 : 2018 LawHerald.Org 1596 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…
Murder—Intention to Kill—Use of sharp edged weapon and number of injuries are not decisive factors.
2018(3) Law Herald (SC) 1866 :2018 LawHerald.Org 1258 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr. D.Y.…
Accident—Claim Petition—Finding of fact—Eye witnesses examined by the claimants were neither discarded as untruthful nor the High Court has found any contradiction in their version—Therefore, High court was wrong in reversing the finding of facts recorded by the tribunal by solely relying on the version of interested witness examined by the appellants in defence—Impugned order of High Court set aside.
2018(3) Law Herald (SC) 1859 :2018 LawHerald.Org 1264 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal No. 8411…
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…