Arbitrator–Appointment of–International transaction–Parties agreed to decide all matters as per British Rules of Arbitration–Not possible for Court to substitute it with Act of 1996.
2007(3) LAW HERALD (SC) 2474 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia Arbitration Petition No. 8 of 2007 (Under Section 11 (6) of…
FIR–Delay in lodging FIR by itself would not be sufficient to discard the prosecution version unless it is unexplained and such delay coupled with the likelihood of concoction of evidence.
2007(3) LAW HERALD (SC) 2470 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. 1020 of…
Recovery of Loan–Stock pledged with Bank–Stock sold for recovery of loan–Claim of workmen and suppliers–In absence of liquidation they are unsecured creditors and their rights cannot prevail over the rights of the pawnee/Bank of the goods.
2007(3) LAW HERALD (SC) 2463 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3499-3500 of…
Circumstantial Evidence—The conditions precedent, before conviction could be based on circumstantial evidence, must be fully established.
2007(3) LAW HERALD (SC) 2458 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. JusticeLokeshwar Singh Panta Criminal Appeal No. 1003 of…
FIR—The statement made in the FIR is a factor which is relevant so far as the statement of the maker of the FIR is concerned—It does not have any effect on the credibility of evidence of the other witnesses.
2007(3) LAW HERALD (SC) 2456 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. JusticeP.P. Naolekar Criminal Appeal No. 817 of 2002…
Cheating—Dishonour of Cheque—Non-payment or under-payment of the price of the goods by itself does not amount to commission of an offence of cheating or criminal breach of trust. Breach of trust and cheating—Distinction between— It depends upon the intention of the accused
2007(3) LAW HERALD (SC) 2451 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice H.S. Bedi Criminal Appeal No. 980 of…
Bail—Grant of—Serious offence—Reasons are to be recorded—Otherwise orders suffers from non-application of mind.
2007(3) LAW HERALD (SC) 2448 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. JusticeD.K. Jain Criminal Appeal No. 1002 of 2007 Deepak…
Preventive Detention–Once it is found that the detention order contains many grounds, even if one of them is to be rejected, principle of segregation contained in Section 5A gets attracted—Grounds are referred to as ‘materials on which the order of detention is primarily based’-
2017(1) Law Herald (SC) 133 : 2017 LawHerald.Org 512 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Abhay Manohar Sapre …
Service Law–Gratuity—Denial of-There must be termination on account of the alleged misconduct, which constitutes an offence involving moral turpitude.
2017(1) Law Herald (SC) 129 : 2016 LawHerald.Org 2441 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice Rohinton Fall Nariman Civil…
Constitution of India, 1950 – Article – 32, 21 – Environment Protection Act, 1986 – Rule 5(3)(d), 3(1), 3(2)(v) – Public interest litigation – There is a challenge to the validity of the Notification dated 18.8.1994 – The main grievance in this petition is that a Notification dated 19.2.1991 declaring coastal stretches as Coastal Regulation Zones which regulates the activities in the zones has not been implemented or enforced
(1996) 3 AD 641 : (1996) 4 JT 263 : (1998) 4 SCALE 11 : (1996) 3 SCALE 579 : (1996) 2 SCALE 44 : (1996) 5 SCC 281…