Redemption of Mortgage—Provision in the agreement that the mortgagee will have a right of pre-emption, operates as a clog on the right of redemption of the mortgagor.
2007(4) LAW HERALD (SC) 3261 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. 3008 of…
Penal Code, 1860, Section 302—Evidence Act, 1872, Section 32—Murder—Dying Declaration—Principles governing dying declaration—Summed up
2007(4) LAW HERALD (SC) 3246 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice B.Sudershan Reddy Criminal Appeal No.1315 of 2005…
Sections 33 or 35 are not concerned with any copy of the instrument and party can only be allowed to rely on the document which is an instrument within the meaning of Section 2(14). There is no scope for the inclusion of the copy of the document for the purposes of the Stamp Act. Copy of the instrument cannot be validated by impounding and this cannot be admitted as secondary evidence under the Stamp Act, 1899.
2007(4) LAW HERALD (SC) 3239 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Jusitce P.P. Naolekar The Hon’ble Mr. Justice P. Sathasivam…
Appointment–Election–Qualification–Appointment/selection made on regional language (Kannada) which was not required qualification, as per Govt. orders–Appointment selection quashed.
2007(4) LAW HERALD (SC) 3232 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 4480 of…
Termination – Seasonal Worker–Terminated after serving for a period of 109 days –Order would not amount to retrenchment.
2007(4) LAW HERALD (SC) 3229 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Lokeshwar Singh Panta Civil Appeal No. 1827 of…
Divorce—Transfer—Divorce petition by husband transferred to place where wife filed matrimonial petition, prior to petition by husband.
2007(4) LAW HERALD (SC) 3228 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.V.Raveendran Transfer Petition (civil) No. 1013 of…
Specific Relief Act, 1963 – Section – 16(c) – Specific performance of a contract – Appeal from the judgment of the High Court of Karnataka decreeing the suit filed by the Respondents for specific performance of contract for sale of the suit land executed by the Appellant-Defendant in favour of the Respondents- Plaintiffs
(2000) 8 JT 13 : (2000) 9 SCC 214 SUPREME COURT OF INDIA BORAMMA — Appellant Vs. KRISHNA GOWDA AND OTHERS — Respondent ( Before : Shivaraj V. Patil,…
The application for condonation of delay was rejected by Single Judge of the High Court. The Supreme Court, however, allowed the application with the direction to deposit the claim amount and case remitted to the High Court. On remand no notice shall be issued to the claimants. The claimants shall appropriate the amount deposited by the appellant
(2000) ACJ 1037 : (2000) 7 JT 575 : (2000) 9 SCC 218 SUPREME COURT OF INDIA NATIONAL INSURANCE CO. LTD., JODHPUR — Appellant Vs. BHAGU DEVI AND OTHERS…
It is necessary for Courts dealing with application for bail to consider nature of accusation and severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering of witness or apprehension of threat to complainant, prima facie satisfaction of Court in support of charge – Any order de hors such reasons suffers from non-application of mind – High Court was not justified in granting bail to Respondent No. 2 – Order granting bail set aside.
AIR 2009 SC 94 : (2008) 11 JT 372 : (2008) 13 SCALE 460 SUPREME COURT OF INDIA LOKESH SINGH — Appellant Vs. STATE OF U.P. AND ANOTHER —…
Prosecution proved by cogent evidence adduced – Appellants by series of act and conduct created a difficult and hostile environment for deceased that she was compelled to commit suicide – There is direct and reasonable nexus with commission of suicide by deceased with acts of cruelty to which deceased was subjected to by appellant – High Court rightly upheld conviction of appellants under Section 306 and Section 498A IPC.
AIR 2006 SC 2002 : (2006) CriLJ 2881 : (2006) 1 DMC 853 : (2006) 11 JT 260 : (2006) 5 SCALE 172 : (2006) 9 SCC 794 :…