Election–Reserved seat–Respondent contested the election as a member of SC candidate and was elected–Documentary evidence shows he does not belong to SC Category–Election held to be void. Election Law–Caste Certificate–Where a caste certificate issued by the Executive Magistrate is showing a different caste as maintained in the School records then the said certificate should be ignored.
2007(5) LAW HERALD (SC) 4126 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan, CJI The Hon’ble Mr. Justice R. V. Raveendran Civil Appeal…
Second Appeal–Substantial question of law–Before High Court the substantial question of law formulated did not arise out of the orders of courts below–Impugned judgment cannot be maintained.
2007(5) LAW HERALD (SC) 4122 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 497-498 of…
Rent Law–Death of the landlord during the pendency of the appeal preferred by the tenant will make no difference as his heirs are fully entitled to defend the estate.
2007(5) LAW HERALD (SC) 4116 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 5326…
Closure of Mill–Bench Hunting–Withdrawal request–Whether a case of bench hunting ? NO, because company could have waited for the expiry of 60 days and could have the benefit of deeming clause, but it was trying for an amicable settlement and this was clearly its bona fide Bench Hunting–Meaning of.
2007(5) LAW HERALD (SC) 4110 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Markandey Katju Civil Appeal No 5458 of…
Execution of decree–Limitation–Out come of proceedings of mense profit would not come in way of execution of decree and execution not to be kept in abeyance because of that.
2007(5) LAW HERALD (SC) 4104 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5323…
Maintenance–Wife cannot be denied maintenance on the ground that she has been capable of earning but she was not making an effect to earn. Maintenance–Income of the wife is insufficient–The test is whether the wife is in a position to maintain herself in the way she was used to in the place of her husband. Maintenance–Claim by wife– The phrase “unable to maintain herself” would mean that means available to the deserted wife while she was living with her husband and would not take within itself the efforts made by the wife after desertion to survive somehow.
2007(5) LAW HERALD (SC) 4100 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No. 1627…
Exparte decree–Setting aside of–Limitation–Required to establish that either no summons was served on him or he had sufficient cause for remaining absent on the date fixed for hearing the suit ex parte.
2007(5) LAW HERALD (SC) 4096 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4881…
Part Performance–Protection would not be available if the transferee just kept quiet and remained passive without taking effective steps–He must also perform his part of the contract and convey his willingness.
2007(5) LAW HERALD (SC) 4093 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 5066 of…
Relation witness–Relationship is not a factor to affect credibility of a witness. Culpable homicide not amounting to murder–Applicability of Section 300 Exception 4–Discussed. Culpable homicide not amounting to murder–Sudden fight– A “sudden fight” implies mutual provocation and blows on each side–The homicide committed is then clearly not traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side–For if it were so, the Exception more appropriately applicable would be Exception 1. Medical evidence and ocular evidence–Variation in–Effect of–Held; Eyewitnesses’ account would require a careful independent assessment and evaluation for its credibility which should not be adversely prejudged making any other evidence, including medical evidence, as the sole touchstone for the test of such credibility.
2007(5) LAW HERALD (SC) 4087 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Criminal Appeal No. 1592 of…
Criminal breach of trust by public servant–Existence of mens rea (guilty mind) must be proved.
2007(5) LAW HERALD (SC) 4083 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 1542…