Indian Penal Code, 1860, S.302—Murder- Gunshot Injury-Seven gunshot injuries found in body of deceased—Defense version that deceased committed suicide—Held; It is not possible for a person to commit suicide by firing seven gun shots one after the other on his/her body with the use of DBBL Gun in hands
2018(2) Law Herald (SC) 738 : 2018 LawHerald.Org 1021 SUPREME COURT OF INDIA DIVISION BENCH CHANDRA BHAWAN SINGH — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : R.K. Agrawal…
Accident—Negligence—Car dashed into truck from behind—Distance between the truck and maruti car was only 10-15 feet which cannot be held to sufficient distance to avoid collision—Claim petition dismissed.
2018(2) Law Herald (SC) 732 : 2018 LawHerald.Org 1017 SUPREME COURT OF INDIA FULL BENCH NISHAN SINGH — Appellant Vs. ORIENTAL INSURANCE COMPANY LTD. THROUGH REGIONAL MANAGER — Respondent ( Before…
Arbitration—Execution of Award—Enforcement of an award through its execution can be initiated anywhere in the country where the decree can be executed.
2018(2) Law Herald (SC) 710 : 2018 LawHerald.Org 1016 SUPREME COURT OF INDIA FULL BENCH CHERAN PROPERTIES LIMITED — Appellant Vs. KASTURI AND SONS LIMITED — Respondent ( Before : Dipak Misra, CJI., A.M.…
Amendment of Plaint—Stage of litigation—Power to allow the amendment is wide and can be exercised at any stage of the proceeding in the interest of justice.
2018(2) Law Herald (SC) 707 : 2018 LawHerald.Org 1018 SUPREME COURT OF INDIA DIVISION BENCH GURBAKHSH SINGH — Appellant Vs. BUTA SINGH — Respondent ( Before : Arun Mishra and Uday Umesh Lalit,…
Res judicata—Second suit before expiry of period of limitation for filing an appeal in first suit—Entire fact circumstance in each case must be looked at before deciding whether to proceed with the second proceeding on the basis of res judicata or to adjourn and/or stay the second proceeding to await the outcome in the first proceeding.
2018(2) Law Herald (SC) 678 : 2018 LawHerald.Org 1015 SUPREME COURT OF INDIA DIVISION BENCH CANARA BANK — Appellant Vs. N.G. SUBBARAYA SETTY — Respondent ( Before : Adarsh Kumar…
Accident—Insurance—Permit—Plying of transport vehicle without any kind of permit is fundamental breach of policy—Insurance company not liable.
(2018) 2 ACC 638 : (2018) 7 SCALE 502 SUPREME COURT OF INDIA DIVISION BENCH AMRIT PAUL SINGH — Appellant Vs. TATA AIG GENERAL INSURANCE CO. LTD. — Respondent ( Before : Dipak Misra,…
Criminal Complaint—Defacto complainant cannot be allowed to pursue the prosecution independently before session court by engaging private counsel.
2018(2) Law Herald (SC) 677 : 2018 LawHerald.org 1019 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice J. Chelameswar Hon’ble Mr. Justice Sanjay Kishan Kaul Petitions) for Special…
IMP :: Accident—Future Prospects—Standardized percentage is capable of being varied if the evidence is so led—100% increment can also be awarded.
(2018) 4 JT 391 : (2018) 2 PLR 483 : (2018) 5 SCALE 759 2O18(2) Law Herald (SC) 663 : 2018 LawHerald.Org 1070 SUPREME COURT OF INDIA DIVISION BENCH…
Perjury—Mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution
(2018) 4 JT 483 SUPREME COURT OF INDIA DIVISION BENCH PROF. CHINTAMANI MALVIYA — Appellant Vs. HIGH COURT OF MADHYA PRADESH — Respondent ( Before : Arun Mishra and Uday Umesh Lalit, JJ.…
Indian Penal Code, 1860, S.302 & S.498-A-Murder–Cruelty to wife- Bail-Charge of serious offences that by itself cannot be the ground to out. rightly deny the benefit of bail if there are other overwhelming circumstances justifying grant of bail—Criminal Procedure Code, 1973, 439
(2018) 4 JT 314 : (2018) 6 SCALE 76 SUPREME COURT OF INDIA DIVISION BENCH SEEMA SINGH — Appellant Vs. CENTRAL BUREAU OF INVESTIGATION — Respondent ( Before : A.K. Sikri and…