Illegal gratification–Once it is proved that accused accepted the amount he cannot escape from criminal liability on a specious ground that he was made scapegoat or was merely innocent carrier. Appeal against acquittal—General principles to be followed–Enumerated.
2007(4) LAW HERALD (SC) 2660 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Tarun Chatterjee Criminal Appeal No. 885 of 2002…
Murder—Non reliable testimony of eye witness—Does not mean that circumstantial evidence, also should be discarded.
2007(4) LAW HERALD (SC) 2656 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. 1439 of…
Auction price of land—The element of competition in auction sales makes them not safe guides
2007(4) LAW HERALD (SC) 2652 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3262-3270 of…
Appeal–In a First Appeal filed under Section 96 CPC, the appellate court can go into questions of fact, whereas in a Second Appeal filed under Section 100 CPC the High Court cannot interfere with the findings of fact of the First Appellate Court, and it is confined only to questions of law.
2007(4) LAW HERALD (SC) 2650 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. 1619-1620 of…
Arbitration Agreement—Dispute which can be tackled by arbitrator in terms of arbitration clause; should not ordinarily be adjudicated by courts. Arbitration agreement—The photocopies of the lease agreements could be taken on record under Section 8 of the Arbitration Act for ascertaining the existence of arbitration clause.
2007(4) LAW HERALD (SC) 2641 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 2016 of…
Revenue Law–Entries made in the revenue record of right, cannot defeat the lawful title acquired by an auction purchaser.
2007(3) LAW HERALD (SC) 2631 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 4601 of…
Eviction–Subletting–Private Limited Company–Merely by holding a large number of shares is not sufficient but something more is required to prove that wife of deceased original tenant is actually controlling and managing the business herself.
2007(3) LAW HERALD (SC) 2628 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. 1386 of…
Restoration of suit—A simple prayer for bringing the legal representatives on record without specifically praying for setting aside of an abatement may in substance be construed as a prayer for setting aside the abatement.
2007(3) LAW HERALD (SC) 2624 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 3807 of…
Res judicata–It is not necessary that all the parties to the two litigations must be common. All that is necessary is that the issue should be between the same parties or between parties under whom they or any of them claim.
2007(3) LAW HERALD (SC) 2617 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. 3907 of…
Bail—Grant of—Factors to be considered; enumerated.
2007(3) LAW HERALD (SC) 2613 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 1122…