Confiscation of vehicle–Claim against–Fact that there was no evidence led by the plaintiff to substantiate the claim of income–Decree set aside.
2007(5) LAW HERALD (SC) 3631 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…
Second Appeal–Whether the lower appellate court was just and proper in throwing the burden against the plaintiff to prove Exhibit agreement of sale executed in his favour–Question cannot be termed as a substantial question of law
2007(5) LAW HERALD (SC) 3630 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 4312 of…
Custody of minor child–After considering the views of the parties and the minor girl, court held that the appellant should not be denied complete access to his minor child, even if there has been a default in complying with the directions of the High Court.
2007(5) LAW HERALD (SC) 3625 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 5088-5097 of…
Stamp Duty–Market value of the instrument has to be seen at the time of the execution of the sale deed, and not at the time when agreement to sale was entered into.
2007(5) LAW HERALD (SC) 3617 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. 5273 of…
Dishonour of Cheque–Acquittal–High Court proceeded on the premise that the appellant had not been able to discharge his burden of proof in terms of Section 139 of the Act without posing unto itself a further question as to how the said burden of proof can be discharged.
2007(5) LAW HERALD (SC) 3610 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1410 of…
Appointment–Where a post is to be filled by a reserved category candidate–A general category candidate appointed on such post for a considerable time cannot be appointed permanently.
2007(5) LAW HERALD (SC) 3607 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.Sathasivam Civil Appeal No. 4627 of 2007 Asha…
Dishonour of Cheque–Notice–Complaint Petition can be filed for commission of an offence by a drawee of a cheque only 15 days after service of the notice. Dishonour of Cheque by company–Notice–Whether properly effected–Conduct of the accused, is not material for determining the issue.
2007(5) LAW HERALD (SC) 3600 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1424…
Anticipatory Bail–Relevant considerations–Summed up. Rape–Bail–The prosecutrix was a girl of easy virtue–This may be so but the same by itself may not be a relevant consideration. FIR–It may not always be held to be imperative that all the accused persons must be named in the First Information Report.
2007(5) LAW HERALD (SC) 3593 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1402-1409…
Contraband–Commercial quantity–Poppy husk–Question whether amendment of 2001, is applicable to pending cases, left open to be decided in an appropriate case.
2007(5) LAW HERALD (SC) 3589 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce C.K. Thakker The Hon’ble Mr. Jusitce Altamas Kabir Civil Appeal No. 1244-1245 of…
Penal Code, 1860 – Section 498-A and 304-B -Offences of dowry death and cruelty – Pendency of appeal – Accused in jail for more than three years
AIR 2000 SC 3404(1) : (2000) CriLJ 2452 : (2000) 1 JT 184 : (2000) 4 SCC 178 SUPREME COURT OF INDIA SHAILENDRA KUMAR — Appellant Vs. STATE OF…