Narcotics—Personal Search—Accused posed faith in raiding party and gave written consent for being searched by raiding party—Held; this does not satisfy the requirement ofS.50 NDPS Act—Accused acquitted. Narcotics–Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.
2018(2) Law Herald (P&H) 1617 (SC) : 2018 LawHerald.Org 925 SUPREME COURT OF INDIA DIVISION BENCH ARIF KHAN @ AGHA KHAN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : R.K. Agrawal…
Service law—Appointment—Police Service—Scrapping of Limited Competitive Examination(LCE)–Plea of promissory estoppel—Held; principle of promissory estoppel can only be invoked by a person who has changed his position to his detriment on the basis of the promise held out to him
2018(1) Law Herald (SC) 777 : 2018 LawHerald.Org 1054 : (2018) AIR(SC) 1965 : (2018) 4 JT 290 : (2018) 6 SCALE 29 SUPREME COURT OF INDIA FULL BENCH CDR. M. RAMESH —…
Industrial Disputes—Ex parts Award—Tribunal can set aside its exparte award even after 30 days of its publication. Exparte Award—Setting aside of—Merely because an award has become enforceable, does not necessarily mean that it has become binding.
(2018) 7 SCALE 706 2018(2) Law Herald (SC) 764 : 2018 LawHerald.Org 1025 SUPREME COURT OF INDIA FULL BENCH M/S. HARYANA SURAJ MALTING LTD. — Appellant Vs. PHOOL CHAND — Respondent ( Before…
Arbitrator—Appointment of—If a clause stipulates that under certain circumstances there can be no arbitration, and they are demonstrably clear then the appointment of arbitrator cannot be made.
2018(2) Law Herald (SC) 754 : 2018 LawHerald.Org 1024 SUPREME COURT OF INDIA FULL BENCH ORIENTAL INSURANCE COMPANY LIMITED — Appellant Vs. M/S NARBHERAM POWER AND STEEL PVT. LTD. — Respondent ( Before : Dipak…
Constitution of India, 1950, Article 141-Precedent-Judgments are not legislations, they have to be. read in the context and background discussions. Police Diary—Absence of entries in the General Diary concerning the preliminary enquiry would not be per se illegal or fatal to prosecution.
(2018) 5 JT 387 : (2018) 7 SCALE 6492018(2) Law Herald (SC) 746 : 2018 LawHerald.Org 1023 SUPREME COURT OF INDIA DIVISION BENCH STATE BY LOKAYUKTHA POLICE — Appellant Vs. H. SRINIVAS —…
Abetment to Suicide—Merely because superior officer had assigned heavy duty due to urgent need or demand of work and the situation may call for certain action including stopping of salary does not amount to guilty mind or criminal intent— Accused acquitted.
(2018) 5 JT 243 : (2018) 7 SCALE 602 2018(2) Law Herald (SC) 743 : 2018 LawHerald.Org 1022 SUPREME COURT OF INDIA DIVISION BENCH VAIJNATH KONDIBA KHANDKE — Appellant Vs. STATE OF…
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,…