Motor Vehicles Act, 1988, S.166–Accident–Just Compensation– I f overall award of compensation is just and fair, then, such award deserves to be upheld in claimants’ favour.
2017(1) Law Herald (SC) 440 : 2017 LawHerald.Org 589 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar The Hon’ble Mr. Justice Abhay Manohar Sapre Civil…
Constitution of India, 1950, Article 21–Speedy Disposal-Huge back log of cases-Inadequate Judge strength is the “root cause” of the problem-ln furtherance of earlier reforms following directions issued to the National Court Management System Committee (NCMSE)
2017{1) Law Herald (SC) 427 : 2017 LawHerald.Org 587 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice D.Y. Chandrachud The…
Additional Evidence at Appellant Stage—Having impleaded the appellants as parties in the first appeal, in terms of Order 41 Rule 27, the High Court ought to have afforded an opportunity to the appellants to adduce oral and documentary evidence and make their submissions
2017(1) Law Herald (SC) 420 : 2016 LawHerald.Qrg 2527 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr Justice R.K, Agrawal The Hon’ble Mrs, Justice R. Banumathi CM! Appeal…
Punishment – Quantum of–Industrial Tribunal and Labour Court must give reason in support thereof and mere use of words ‘Disproportionate’ or “grossly disproportionate’ is not sufficient.
2007(4) LAW HERALD (SC) 3222 IN THE SUPREME COURT OF INDIA Before The Hon’ble Dr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 892…
Rent Law–Judicial Review–Fixation of rent is an administrative function and the court cannot sit as a Court of appeal over administration decisions.
2007(4) LAW HERALD (SC) 3219 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2426-2428 of 2000…
Employee–High Court while dealing with the appeals under Section 82(2) of the Act is required to analyse the factual position to see whether the definition of employee in terms of Section 2(9) of the Act applies to the facts of the case.
2007(4) LAW HERALD (SC) 3216 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 702-709 of 2001…
Arbitrator—Appointment of—Section 10(1) of the Act provides that the parties are at liberty to determine the number of arbitrators provided such number shall not be an even number. In default of determination referred to in sub-section (1), the arbitral tribunal shall consist of a sole arbitrator in terms of Section 10(2) of the Act.
2007(4) LAW HERALD (SC) 3206 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Lokeshwar Singh Panta Arbitration Petition 1 of 2007 [Under Section 10 (2) read with…
Written Statement—Legal Representatives are entitled to file additional written statement after their impleadment.
2007(4) LAW HERALD (SC) 3201 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce A.K. Mathur The Hon’ble Mr. Jusitce Markandey Katju Civil Appeal No. 117 of…
Murder—Disclosing of name of accused— Only because there had been profuse bleeding, the same by itself would not lead to the conclusion that the deceased was not in a position to speak.
2007(4) LAW HERALD (SC) 3196 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce S.B. Sinha The Hon’ble Mr. Jusitce Harjit Singh Bedi Criminal Appeal No. 1200 of…
First Information Report—Only information in regard to commission of an offence may not for all intent and purport satisfy the requirement of the First Information Report. First Information Report—A First Information Report cannot be lodged in a murder case after the inquest has been held. Motive—Proof of motive by itself may not be a ground to hold the accused guilty.
2007(4) LAW HERALD (SC) 3189 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce S.B. Sinha The Hon’ble Mr. Jusitce Harjit Singh Bedi Criminal Appeal Nos. 844-846…