Dowry Death–Expression soon before death–If alleged incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium of the woman concerned, it would be of no consequence.
2007(4) LAW HERALD (SC) 3010 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. 11 of…
Appeal against acquittal—In the event, High Court intended to arrive at a finding different from the one arrived at by the Trial Court, it was obligatory on its part to analyze the materials on record independently.
2007(4) LAW HERALD (SC) 3005 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. 988…
Dowry Death—Circumstantial Evidence proved guilt of accused—Conviction altered for murder to that for dowry death.
2007(4) LAW HERALD (SC) 2999 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 243 of…
Arbitrator–Appointment of—It cannot be laid as an abstract proposition that whenever the contracted work is completed, all the rights and obligations of the parties under the contract, ipso facto, come to an end and the arbitration agreement also perishes with the contract.
2007(4) LAW HERALD (SC) 2993 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice D.K. Jain Arbitration Petition 17 of 2006 DHV BV v. Tahal Consulting Engineers Ltd.…
Cheating—Commercial Transaction—Non supply of Sales Tax Form—Not an offence under IPC—Remedy under the relevant statute.
2007(4) LAW HERALD (SC) 2989 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. 1250…
Murder of son aged 8 years—Suspicion of Paternity–Extensive injuries including a fracture could not have caused by a simple fall as has been suggested and clearly show the use of excessive force.
2007(4) LAW HERALD (SC) 2986 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. 1219…
Illegal Gratification—Acquittal—Currency notes not touched—Appellant and the defence version that they have been surreptitiously put on the table while the appellant was otherwise engaged in some activity was a possibility on the evidence and could not be ruled out.
2007(4) LAW HERALD (SC) 2983 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. 1218 of…
Service and Labour Law—Muster rolls were produced for the entire period which clearly indicated that employee had not worked for the period he claimed to have worked—Orders of Labour Court and High Court reinstating the employee, set aside.
2007(4) LAW HERALD (SC) 2981 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 1255…
Service Law—An Office Memorandum cannot have a retrospective effect unless and until intention of the authorities to make it as such is revealed expressly or by necessary implication in the Office Memorandum.
2007(4) LAW HERALD (SC) 2977 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramaniyan Civil Appeal No. 3521 of 2007…
Quashing of FIR—Police Report—High Court in quashing the FIR in the exercise of its inherent powers under Section 482 of the Code by relying on the investigation report and the findings made therein has acted beyond its jurisdiction
2007(4) LAW HERALD (SC) 2967 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Tarun Chatterjee Criminal Appeal No. 1242 of…