Civil Procedure Code, 1908, S, 100-Second Appeal-Substantial Question of law-High Court also failed to see that the issue of resjudicata and the issue of ownership were independent issues and the decision on one would not have answered the other one—In other words, both the issues had to be examined independent of each other on their respective merits—It was, however, possible only after framing of substantial questions on both the issues as provided under Section 100(4) and (5) of the Code—This was, however, not done in this case-Case remanded back
2018(3) Law Herald (SC) 2311 : 2018 LawHerald.Org 1519 SUPREME COURT OF INDIA DIVISION BENCH NARAYANA GRAMANI — Appellant Vs. MARIAMMAL — Respondent ( Before : Abhay Manohar Sapre and…
Land Acquisition Act, 1894, S.18—Development Charges—Exemplar sale deed was only for 99 sq. yds., whereas the total acquired land is 05 acres- -Acquired land is abutting residential area, which is a Mandal Headquarter where bank, high school, bus stand, telephone exchange, police station, primary health centre, cinema hall, petrol pumps are located—Deduction of 30% towards development charges held to be justified.
2O18(3) Law Herald (SC) 2307 : 2018 LawHerald.Org 1493 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Kurian Joseph Hon~ble Mr. Justice Sanjay Kishan Haul Kalluri Veakata Narasimha…
Accident–Disability @ 25%–Injured was unmarried boy of 25 years—He suffered fracture of both pelvic bones- He suffered partial but permanent disability in his body which reduced his movement capacity to a larger extent—He was earning Rs 4000/- p.m.–He had spent substantial amount on treatment and has also lost his job—Tribunal had awarded Rs. 3.43 lakhs—Keeping in view, circumstances of cases further enhancement of Rs. 5 lakhs without interest awarded.
2018(3) Law Herald (SC) 2302 : 2018 LawHerald.Org 1453 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit…
Suit for Possession—Suit against forcible dispossession is summary in nature and no appeal lies against such orders.
2018(3) Law Herald (SC) 2299 : 2018 LawHerald.Org 1487 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Rohinton Pali Nariman Hon’ble Ms. Justice Indu Malhotra Special…
Accident—Claim Petition—Deceased was the owner-cum-driver of the vehicle in question—Deceased himself was responsible for the accident—Claim not maintainable.
2018(3) Law Herald (SC) 2297 : 2018 LawHerald.Org 1452 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…
Assault on Public Servant-Obscene Acts—Reduction in Sentence—Keeping in view age of appellant (60 years), his spotless career throughout without any criminal antecedents and fact that he has already undergone one month jail sentence out of 3 months sentence for the offence committed 13 years ago; sentence reduced to already undergone subject to payment of enhanced fine
2018(3) Law Herald (SC) 2294 : 2018 LawHerald.Org I486 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Criminal…
Food Adulteration—Red Chilli Powder—Sample were taken from a eating joint—Food article were kept for cooking/preparation of food and to be served thereafter—Owner of the eating joint held to be rightly convicted.
2018(3) Law Herald (SC) 2308 : 2018 LawHerald.Org 1517 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogol Hon’ble Mr. Justice Navin Sinha Hon’ble Mr.…
Income-Deceased aged 38 years was in the business of selling desi ghee and namkeen bhujia in a small village—Held; Income assessed by Tribunal as Rs.1200/ – per month is on lower side—Income should have been assessed at Rs.2500/- per month keeping in view circumstances of case
2018(3) Law Herald (SC) 2305 : 2018 LawHerald.Org 1492 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Honble Mr. Justice A M Khanwilkar Civil Appeal No.7279of2018 (Arising…
IMP – PAY & RECOVER — Accident—Tractor-trailer—No evidence that any trailer was insured or trailer was attached to the tractor—Thus, it would follow that injured person (other than driver of tractor) travelled in tractor as a passenger–Insurance company not liable to pay-However, insurance company directed to pay & recover.
2018(3) Law Herald (SC) 2288 : 2018 LawHerald.Org 1489 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar CIVIL…
Rape—Consenting Party—Prosecutrix moved freely with accused for 12 days and had come across many people at different points of time–Yet, she did not complain to anyone—Accused acquitted.
2018(3) Law Herald (SC) 2292 : 2018 LawHerald.Org 1451 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Hon’ble Mr. Justice K.M.…