Despite service of notice by registered post, defendant did not appear – Court competent to ask defendant to pay portion of decretal amount while setting aside ex parte decree, but condition imposed should not be unreasonable or harshly excessive
AIR 2007 SC 67 : (2007) 1 CTC 81 : (2006) 12 JT 9 : (2006) 9 SCALE 223 : (2006) 12 SCC 104 : (2006) 7 SCR 163…
Insurance company, despite report of investigator, failed to establish that the case of appellants was not justified and not covered by insurance policy – Insurance company had approved appellant’s claim for Rs. 20,43,605/- – Insurance company directed to pay to appellants balance amount of Rs. 97,83,827/- together with interest at the rate of 9 per cent per annum from the date of claim till payment.
(2006) ACJ 2547 : AIR 2006 SC 3261 : (2006) 6 CompLJ 281 : (2006) 4 CPJ 3 : (2006) 12 JT 98 : (2006) 9 SCALE 293 :…
Division Bench of High Court held that in absence of evidence doctrine of res ipsa loquitur was not applicable – Question whether Labour Court erred in not invoking doctrine of res ipsa loquitur – Matter remitted back to Labour Court to decide applicability of res ipsa loquitur.
AIR 2006 SC 3273 : (2006) 111 FLR 364 : (2006) 3 LLJ 788 : (2006) 9 SCALE 352 : (2006) 8 SCC 52 : (2006) SCC(L&S) 1788 :…
Interpretation of Statutes—Mere use of word may or shall is not conclusive. The question whether a particular provision of a statute is directory or mandatory cannot be resolved by laying down any general rule of universal application.
2007(4) LAW HERALD (SC) 3048 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 4466 of…
Electricity Law–One Meter Reading Inspection Report should not be construed as single violation of the commercial restrictions irrespective of the fact that a number of contraventions might have been made by consumers during the period covered by the said report.
2007(4) LAW HERALD (SC) 3044 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 4465 of…
Sanction of Building–Before making the Zonal Plan and the Master Plan, the Authority was required to give an opportunity of hearing to the persons who may be affected thereby.
2007(4) LAW HERALD (SC) 3042 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4344…
Revisional jurisdiction—Finding of facts—If such finding has been arrived at upon taking into consideration irrelevant factors or therefor relevant fact has been ignored, the revisional court will have the requisite jurisdiction to interfere with a finding of fact.
2007(4) LAW HERALD (SC) 3033 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4348…
Arbitrator—Appointment of—Appellant agreed to deposit security amount before initiation of proceedings, as agreed—Matter reffered to Arbitration Tribunal, whose existence was doubted.
2007(4) LAW HERALD (SC) 3031 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 4576 of…
Criminal Procedure Code, 1973 (CrPC) – Section 378(3) – Leave to appeal – Procedure established by law – Leave to appeal against acquittal by State and also complainant’s revision challenging acquittal – Both the applications should be heard together.
AIR 2006 SC 3258 : (2006) CriLJ 4643 : (2006) 12 JT 441 : (2006) 9 SCALE 365 : (2006) 8 SCC 641 : (2006) 7 SCR 329 Supp…
Consideration of material – Scope and necessity of – Though detailed examination of evidence and elaborate documentation of merits of case is to be avoided by Courts, yet a Court dealing with bail application should be satisfied as to whether there is a prima facie case, but exhaustive exploration of merits of case, not necessary
AIR 2006 SC 3248 : (2006) CriLJ 4618 : (2006) 2 DMC 500 : (2006) 12 JT 55 : (2006) 9 SCALE 378 : (2006) 6 SCR 349 Supp…