Inherent Powers–Material witness—Summoning of High Official—No doubt that the High Court has power to summon these officials, but that should be done in very rare and exceptional cases when there are compelling circumstances to do so.
2007(4) LAW HERALD (SC) 3186 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce A.K. Mathur The Hon’ble Mr. Jusitce Markandey Katju Criminal Appeal No. 1338 of…
Fine—Imprisonment in default of payment of fine—Provisions of IPC and Cr.P.C. relating to award of imprisonment in default of payment of fine would apply to all cases wherein fines have been imposed on an offender unless “the Act, Regulation, Rule or Bye-law contains an express provision to the contrary”. Fine—Imprisonment in default of payment of fine—The nature of offence, circumstances under which it was committed, the position of the offender are relevant considerations
2007(4) LAW HERALD (SC) 3172 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce C.K. Thakker The Hon’ble Mr. Jusitce Altamas Kabir Criminal Appeal No. 1375 of…
Culpable Homicide—Reduction in Sentence—Appellants were not convicted for substantive offence but by being member of unlawful assembly.
2007(4) LAW HERALD (SC) 3166 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1313 of…
Bail–Contraband–Recovery of 400 kgs of poppy straw–Bail declined as conditions under Section 37 NDPS were not complied with.
2007(4) LAW HERALD (SC) 3163 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. 1223 of…
Criminal Procedure Code, 1973, S.427–Concurrent running of sentences- Dishonour of Cheque—The settled legal position favours the exercise of the discretion to the benefit of the prisoners in cases where the prosecution is based on a single transaction, no matter even if different complaints in relation thereto might have been filed
2016(5) Law Herald (P&H) 3881 (SC) : 2016 LawHera|d.Org 1912 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Amitava Roy Criminal…
Consumer—Medical Negligence—Post Operative Care—Compensation of Rs. 2 lakhs enhanced to Rs. 50 lakhs.
2016(5) Law Herald (P&H) 3878 (SC) : 2016 LawHerald.Org 1910 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V. Gopala Gowda The Hon’ble Mr. Justice D.Y.…
Probate—Admission of Cavet—Only prima facie case to be established to prove cavetable interest.
2016(5.) Law Herald (P&H) 3874 (SC) : 2016 LawHerald.Org 1907 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Shiva Kirti…
Service Law—Annual Confidential Report—ACR of an officer forms a part of his service record and he cannot be prejudiced merely because his superior officers delayed writing it.
2017(1) Law Herald (SC) 416 : 2017 LawHerald.Org 608 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Madan B. Lokur The Hon’ble Mr. Justice Prafulla C. Pant…
Sentence—There is no provision under IPC for substitution of sentence by fine.
2017(1) Law Herald (SC) 408 : 2017 LawHerald.Org 603 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ranjan Gogol The Hon’ble Mr. Justice Kurian Joseph The Hon’ble…
Civil Procedure Code, 1908, O.41 R.27–Additional evidence at appellate stage- Suit for partition—Old document
2016(5) Law Herald (P&H) 3985 (SC) : 2016 LawHerald.Org 1893 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Anil R. Dave The Hon’ble Mr. Justice Adarsh Kumar…