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.…
Rape—Injuries on Prosecutrix—Gang Rape—Admittedly, there was a tussle at a time of alleged incident and she tried to save herself—However, victim has not sustained any injury except some bruises on her cheeks–Her clothes were not even soiled with mud—Accused acquitted Rape—Gang Rape—Medical record and the Doctor’s evidence do not specify whether there were any signs of forcible sexual intercourse-Accused acquitted Rape—Absence of semen—Gang Rape—Clothes worn by victim (petticoat) did not contain any seminal stain—Hard to believe that sexual assault had taken place on the victim—Accused acquitted Identification of Accused—Identification from the voice of the accused may be possible if there is evidence to show that the witness was sufficiently acquainted with the accused in order to recognize him or her by voice.
2018(3} Law Herald (SC) 2274 : 2018 LawHerald.Org 1454 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice N.V. Ramana Honble Mr. Justice Mohan M. Shantanagoudar Criminal Appeal…
Amendment of Pleadings—Court always gives relief to amend the pleading but not when it is satisfied that the party applying was acting malafide or that by his blunder he had caused injury to his opponent which cannot be compensated for by an order of costs.
2018(3) Law Herald (SC) 2265 : 2017 LawHerald.Org 2216 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.K. Sikri Hon’ble Mr. Justice Ashok Bhushan Civil Appeal No. 19977…
Precedent—Law includes not only legislative enactments but also judicial precedents. Lak Adalat—Challenge to the award passed by Lok Adalat—Only remedy available to the aggrieved party is to file writ petition.
2018(3) Law Herald (SC) 2257 : 2017 LawHerald.Org 2215 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice R.K. Agrawal Honble Mr. Justice Abhay Manohar Sapre Cnnl Appeal No.…
Representative Suit—Sanction to prosecute suit as representative suit granted without objection of appellant—No discussion much less finding on issues—Matter remanded back.
2018(3) Law Herald (SC) 2253 : 2017 LawHerald.Org 2214 SUPREME COURT OF INDIA DIVISION BENCH S.N.D.P. SAKHAYOGAM — Appellant Vs. KERALA ATMAVIDYA SANGHAM — Respondent ( Before : R.K. Agrawal and Abhay…
Lis Pendence—Agreement to Sell-During pendency of litigation some more transaction took place in relation to suit property—Such transactions are directly hit by the principle of lis pendence-These transaction are not binding on parties to the suit much less on plaintiffs—Such parties would be at liberty to now work out their inter se rights
2018(3) Law Herald (SC) 2245 : 2017 LawHerald.Org 2213 SUPREME COURT OF INDIA DIVISION BENCH NADIMINTI SURYANARAYAN MURTHY(DEAD) THROUGH LRS. — Appellant Vs. KOTHURTHI KRISHNA BHASKARA RAO & ORS. — Respondent ( Before…
Abetment of Suicide—Cruelty to Wife—Husband continued his illicit relations with another woman even after marriage—This in itself is sufficient abetment to suicide by wife—Conviction upheld.
2018(3) Law Herald (SC) 2235 : 2018 LawHerald.Org 1448 IN THE SUPREME COURT OF INDIA Before HonTile Mrs. Justice R. Banumathi Hon’ble Mr. Justice Vineet Saran Criminal Appeal No(s). 1606…
Review—Second Appeal was disposed of on compromise between the parties—Review petition against second appeal is maintainable on ground of fraud in obtaining such judicial orders.
2018(3) Law Herald (SC) 2232 : 2018 LawHerald.Org 1447 SUPREME COURT OF INDIA DIVISION BENCH VED PAL (D) THROUGH LRS — Appellant Vs. PREM DEVI (D) THROUGH LRS — Respondent ( Before : Abhay Manohar Sapre and S. Abdul…