Declaratory suit–Limitation would not commence unless there has been a clear and unequivocal threat to the right claimed by the plaintiff.
2007(5) LAW HERALD (SC) 3714 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. 4803 of…
Correction of Error in decree–If the Court has the requisite power to make an amendment of the decree, the same would not mean that it had gone beyond the decree or passing any decree. When the suit as to immovable property has been decreed and the property is not definitely identified, the defect in the court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 of the CPC is capable of being cured.
2007(5) LAW HERALD (SC) 3703 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.…
Relative witness–The mere fact that all the said eye-witnesses belong to one family cannot be a reason to disbelieve their evidence.
2007(5) LAW HERALD (SC) 3699 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.P. Naolekar The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 258 of…
Contempt–When an undertaking has been recorded in accordance with law, a contempt proceeding would be maintainable.
2007(5) LAW HERALD (SC) 3689 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Contempt Petition (civil) 289…
Eviction proceedings initiated by the landlord against the tenant were maintainable even if the Company was ‘sick’ under SICA and Section 22 of that Act would not operate as bar to such proceedings.
2007(5) LAW HERALD (SC) 3673 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce C.K. Thakker The Hon’ble Mr. Jusitce P. Sathasivam Civil Appeal No. 2805 of…
Accident–Non payment amount of damages covered by insurance policy–Deficiency in service–Whether renewal of a licence granted to drive a motor vehicle which was originally found to be forged would lead to any liability on the part of the insurance company ? NO.
2007(5) LAW HERALD (SC) 3668 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. 4883…
Probate–An application under Section 263 of the Succession Act for revocation of grant of probate would be maintainable, on the premise that the appellant’s name was not cited in the said application for grant of probate
2007(5) LAW HERALD (SC) 3662 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce S.B. Sinha The Hon’ble Mr. Jusitce Harjit Singh Bedi Civil Appeal No.…
Suit against Government–Notice–Leave of Court–If leave is refused by the original court, it is open to the superior courts to grant such leave as otherwise in an emergent situation a litigant may be left without remedy once such leave is refused and he is required to wait out the statutory period of two months after giving notice.
2007(5) LAW HERALD (SC) 3655 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 1451…
Extention was also directed by High Court–Since as per Supreme Court’s order the mining operation in entire area is prohibited–Therefore no relief can be granted–Appeal dismissed.
2007(5) LAW HERALD (SC) 3652 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 5874 of…
Suspension of sentence–Study leave–To be entitled to benefit convict has to suffer at least 8 years of custody.
2007(5) LAW HERALD (SC) 3647 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1222 of…