Practice & Procedure—Noting in official Government file—It does not create any legal right. Land Acquisition—Release of Land—Once the possession of the acquired land was with the State, the land stood vested in the State disentitling the State to release the land—Thereafter, Revenue Minister had no power to invoke the provisions of Section 48 of the Act for release of the land
2018(3} Law Herald (SC) 1987 : 2018 LawHerald.Org 1416 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Civil…
Accident–Negligence- In a proceeding under Section 163 A of the M, V.Act, the insurer cannot raise any defence of negligence on the part of the victim to counter a claim for compensation
2018(3) Law Herald (SC) 1985 : 2018 LawHerald.Org 1415 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Dipak Misra Hon’ble Mr. Justice A M Khanwilkar Hon’ble Mr.…
Contempt of Courts Act, 1971, S. 12—Contempt—Contemenor was neither apologetic for his conduct nor does state that he is willing to comply with order—Directions issued to take contemnor directly to jail from court and also get the impugned order complied with.
2018(3) Law Herald (SC) 1981 : 2018 LawHerald.Org 1413 IN THE SUPREME COURT OF INDIA Before Honlde Mr. Justice Rohinton Pali Nariman Hon’ble Ms. Justice Indu Malhotra Conmt Pet(C) Nos.…
Consumer—Written Statement—Period of filing within 45 days and not beyond that—Judgment of J,J. Merchant and New India Assurance case distinguished and period held to be directory– Arbitration—Objections—Prior Notice—Provision of 5.34(5) of the Act held to be directory/ and not mandatory
2038(3) Law Herald (SC) 1965 : 2018 LawHerald.Org 1411 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mr. Justice Indu Malhotra Civil Appeal No.…
Confession—Confessional statement of a co-accused cannot by itself be taken as a substantive piece of evidence against another co-accused
2018(3) Law Herald (SC) 1958 : 2018 LawHerald.Org 1410 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Criminal Appeal…
Sentence—Disproportionate Sentence—The Courts must see that the public does not lose confidence in the judicial system
(2018) 7 JT 422 SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN — Appellant Vs. MOHAN LAL — Respondent ( Before : N.V. Ramana and Mohan M. Shantanagoudar, JJ. ) Criminal Appeal No. 959…
Criminal Procedure Code, 1973, S.439~Bail-Appeal against Cancellation-Manner in which deceased was allegedly attacked and number of injuries inflicted prima facie indicate pre-meditation—Period of incarernation of accused in jail would not entitle enlargement on bail—Court yet to record testimonies of witness including complainant—Fair trial can be ensured only if appellants/accused not released on bail—Bail declined.
(2017) AIR(SCW) 5398 : (2017) AIR(SC) 5398 : (2018) AllSCR(Crl) 44 : (2018) 1 ApexCourtJudgments(SC) 279 : (2018) 1 CriCC 850 : (2017) 4 Crimes 525 : (2018) 1 JBCJ…
Accident—Transfer of vehicle before Accident—Absence of intimation of transfer to Insurance Company—Insurance Company still liable to pay third party claim.
2018(3) Law Herald (SC) 1936 : 2017 LawHerald.Org 2210 2017) AAC 2149 : (2017) 3 ACC 728 : (2017) ACJ 2608 : (2017) AIR(SCW) 3572 : (2017) 4 AIRJharR 549…
First appellate court is the last court on facts. We find no perversity in the findings of the first appellate court. The said court has found on admission ” that there was landlord-tenant relationship. After entering such a finding only, the eviction was ordered on the ground of arrears of rent.
2018(3) Law Herald (SC) 1935 : 2018 LawHerald.Org 1408 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mrs. Justice R. Banumathi Civil Appeal No. 5823…
MADRAS HC::::LLB Course—Student cannot be denied admission to three year LL. B course only on the ground that he had cleared the 10th standard privately.
NOTE – NOT SC JUDGEMENT 2018(3) Law Herald (SC) 1923 (MAD.) (FB) : 2018 LawHerald.Org 1407 IN THE HIGH COURT OF MADRAS Before *” Hon’ble Ms. Chief Justice Indira Banerjee…