Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, S.15(2)–Objection–It is mandatory on the part of the Collector to comply with the procedure prescribed under Section 15(2) of the Act so as to make the acquisition proceedings lega
2018 (3) Law Herald (SC) 2063 : 2018 LawHerald.Org 1431 SUPREME COURT OF INDIA DIVISION BENCH SHIV SINGH — Appellant Vs. STATE OF HIMACHAL PRADESH — Respondent ( Before : R.K. Agrawal and Abhay Manohar Sapre,…
Written Statement—inordinate delay in fling cannot be condoned merely on the ground that plaintiff also took long time to serve summons on defendants and for balancing the rights and equities.
2018(3) Law Herald (SC) 2056 (2018) 2 RCR(Civil) 1001 SUPREME COURT OF INDIA DIVISION BENCH ATCOM TECHNOLOGIES LIMITED — Appellant Vs. Y.A. CHUNAWALA AND CO. — Respondent ( Before : A.K. Sikri and…
On the basis of the plain language of the law and also as interpreted by several High Courts and in addition the resolution of the General Assembly of the United Nations, it is quite clear to us that a victim as defined in Section 2(wa) of the Cr.P.C. would be entitled to file an appeal before the Court to which an appeal ordinarily lies against the order of conviction
Whether a ‘victim’ as defined in the Cr.PC. has a right of appeal in view of the proviso to Section 372 of the Cr.PC. against an order of acquittal in…
Condonation of delay—Tribunal constituted under special act has no jurisdiction to condone the delay beyond the period as prescribed under the Act.
2018(3) Law Herald (SC) 2053 : 2018 LawHerald.Org 1429 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Abhay Manohar Sapre Civil Appeal No.…
Arbitration—Reference to umpire—Umpire has to hear the matter de novo.
2018(3) Law Herald (SC) 2045 : 2018 LawHerald.Org 1428 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mrs. Justice R. Banumathi Civil Appeal No. 3776…
Partition suit- Trial Court had directed to make the plan depicting respective shares of the parties as part of decree—Held; at the time of passing the judgment and decree, the trial court should have made the said map as a part of the decree so that the partition could have been effected as per the said sketch—No party should be allowed to suffer for the error of the court—In the circumstances, the trial court has rightly made the plan a part of the decree for effecting partition—Impugned order of High Court setting aside order of trial court set aside.
2018(3) Law Herald (SC) 2042 : 2018 LawHerald.Org 1427 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…
Abetment to Suicide—Abusive Language- -Appellant used abusive language against the deceased and called her prostitute—The deceased was aged 26 years and being a young unmarried girl could have been upset over such verbal abuse heaped on her which led her to take a decision of committing suicide by setting herself ablaze—Conviction upheld.
2018(3) Law Herald (SC) 2041 : 2018 LawHerald.Org 1426 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Vineet Saran Criminal Appeal No.…
Local Commissioner-Examination of Witness-Plaintiff is an old lady in her eighties—Permission granted to appoint any lady lawyer as Local commissioner for recording the evidence of plaintiff at her residence at her expense.
2018(3) Law Herald (SC) 2039 : 2017 LawHerald.Org 2212 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.K. Agrawal Hon’ble Mr. Justice Abhay Manohar Sapre Civil…
Identification of Accused—Failure to hold a test identification parade would not make the of identification in Court inadmissible.
2018(3) Law Herald SCi 2033 : 2018 LawHerald.Org 1425 IN THE SUPREMECOURT OF INDIA Before Hon”ble Mr. Justice N.V. Ramana Hon’ble Mr. Justice S. Abdul Nazeer Criminal Appeal No. 1333…
Accident—License—Mere fact that the driving license is fake, perse, would not absolve the insurance company and make owner liable.
2018(3) Law Herald (SC) 2028 : 2018 LawHerald.Org 1421 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal…