Condonation of Delay—Election Petition—In the absence of a provision in the Statute for enlarging the time, the same cannot be extended by any Court.
(2018) AIR(SCW) 2236 : (2018) AIR(SC) 2236 : (2018) 2 LawHerald(SC) 487 : (2018) 7 Scale 101 SUPREME COURT OF INDIA FULL BENCH REJI THOMAS — Appellant Vs. STATE OF KERALA —…
Murder-Motive-Non-mention of motive in FIR—- Not a fatal defect—An FIR is not to be read as an encyclopedia requiring every minute detail of the occurrence to be mentioned therein–The absence of any mention in it with regard to the previous altercation, cannot affect its veracity so as to doubt the entire case of the prosecution–The altercation suffices to establish motive—Conviction upheld-Evidence Act, 1872, S.8.
2018(2) Law Herald (SC) 484 : 2018 LawHerald.Org 928 :(2018) AIR(SC) 2142 SUPREME COURT OF INDIA FULL BENCH SATPAL — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Kurian Joseph, Mohan M.…
IMP::: Contempt of Court—Consent decree entered before court in matrimonial dispute—Wife failed to join company of husband as agreed—High Court cannot award punishment for contempt of court.
2018(2) Law Herald (SC) 475 : 2018 LawHerald.Org 957 SUPREME COURT OF INDIA DIVISION BENCH MEENAL BHARGAVA — Appellant Vs. NAVEEN SHARMA — Respondent ( Before : A.K. Sikri and…
Rejection of Plaint—Suit for declaration filed after 17 years of execution of such sale deed—Application for rejection of plaint on ground on limitation as question of limitation was a triable issue in present case as per averments in plaint—Order of Trial Court upheld.
(2018) DNJ 470 : (2018) 4 JT 145 : (2018) 5 SCALE 472 SUPREME COURT OF INDIA FULL BENCH CHHOTANBEN — Appellant Vs. KIRITBHAI JALKRUSHNABHAI THAKKAR — Respondent ( Before :…
V IMP::: Summoning of Record—By an appellate or revisional courts— (i) Trial court may send the Photo copy /scanned copy of the record and retain the original so that proceedings are not held up: (ii) In cases where specifically 2 original record is required by holding that photocopy will not serve the purpose, the appellate/revisional court may call for the record only for perusal and the same he returned while keeping a photocopy/scanned copy of the same.
2018(2) Law Herald (SC) 473 : 2018 LawHerald.Org 924 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Adarsh Kumar Goel Honble Mr. Justice Rohinton Fali Nariman Criminal…
Indian Penal Code, 1860, S.302~Murder–Intention to kill-Intention to cause death must not be readily inferred-Merely because accused pierced the chest of deceased with spear (ballam), it cannot be assumed that accused intended to cause death.
2018(2) Law Herald (SC) 470 : 2018 LawHerald.Org 927 SUPREME COURT OF INDIA DIVISION BENCH TULARAM — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Madan B. Lokur and Deepak Gupta, JJ.…
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 of S.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 (SC) 465 : 2018 LawHerald.Org 925 SUPREME COURT OF INDIA DIVISION BENCH ARIF KHAN @ AGHA KHAN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : R.K. Agrawal and…
Commercial Courts—An appeal which is not maintainable under S.50 of Arbitration Act is also not maintainable under S.13 of 2015 Act – Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015
(2018) 1 ArbiLR 613 : (2018) 3 JT 138 : (2018) 2 RCR(Civil) 283 : (2018) 2 Scale 368 SUPREME COURT OF INDIA DIVISION BENCH KANDLA EXPORT CORPORATION — Appellant Vs. M/S OCI CORPORATION —…
Motor Vehicles Act, 1988, S.166–Accident–License-Period of Validity- -Mere entry in dispatch register of registering authority could not be taken as gospel truth as the period of validity of license.
SUPREME COURT OF INDIA DIVISION BENCH COMPAQ INTERNATIONAL — Appellant Vs. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. — Respondent ( Before : J. Chelameswar and Sanjay Kishan Kaul, JJ. ) Civil…
Accident—Negligence—Merely on the basis of the spot as per site map where the vehicle was found lying after the accident, it cannot be assumed that the appellant was driving the vehicle on the wrong side on the road at the relevant time Accident—Claim Petition—Non-examination of witness perse cannot be treated as fatal to the claim Accident—Claim Petition—Even when the accused were to be acquitted in the criminal case, the same may be no effect on the assessment of the liability to pay in claim before the tribunal
(2018) 2 ACC 118 : (2018) AIR(SC) 1900 : (2018) DNJ 478 : (2018) 4 JT 114 : (2018) 5 SCALE 363 SUPREME COURT OF INDIA DIVISION BENCH MANGLA RAM — Appellant…