Will–Execution of–Suspicious circumstances–Attesting witness not known to her and even it was not known why she was called and who called her to attest the will is shrouded in mystery–Several cuttings and over writings were also in the will.
2007(5) LAW HERALD (SC) 3868 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 4608 of 2003…
Dearness Allowance–Directly recruited co-ordinators held entitled to the same benefits as given to co-ordinators appointed on deputation.
2007(5) LAW HERALD (SC) 3865 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 7356…
Damages–Court cannot grant damages or compensation on equitable consideration even if the plaintiff was entitled to damages. Issues–High Court could not frame the additional issues of its own which did not arise for consideration in the suit or in the appeal.
2007(5) LAW HERALD (SC) 3858 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. 4341…
Administration of Justice–It cannot be laid as a rule of universal application that whenever any learned Single Judge had dealt with a case even for routine purposes like issue of process or rectification of defect or even to pass an order of adjournment, that would preclude him from hearing the appeal.
2007(5) LAW HERALD (SC) 3856 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. 4266 of…
Contraband–Secret Information–Fax message–The contents of a document could be held to have been proved in terms of section 66 only when the contents are decipherable and not otherwise. Contraband–Secret information–An officer who received such information was bound to reduce the same in writing and not for the person who hears thereabout.
2007(5) LAW HERALD (SC) 3847 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. 311…
Dacoity–Acquittal–FIR was lodged long after the incident and in fact law was already set on motion after the telephonic message had been received.
2007(5) LAW HERALD (SC) 3841 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. 1675 of…
Appeal against acquittal–Interference with a judgment of acquittal may not be made when two views are possible to be taken, but when on appraisal thereof, only one view is possible, the appellate court would not hesitate to inerfere with the judgment of acquittal. Nobody shall be compelled to be a witness against himself –To be a witness” may be equivalent to “furnishing evidence” in the sense of making oral or written statements, but not in the larger sense of the expression so as to include giving of thumb impression or impression of palm or foot or fingers or specimen writing or exposing a part of the body by an accused person for purpose of identification.
2007(5) LAW HERALD (SC) 3830 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 Nos. 1394-1395 of…
Cognizance–Taking of–Power of Magistrate–Explained. Final Report–Protest Petition–Notice to informant–Magistrate has to give notice to the informant and provide an opportunity to be heard at time of consideration of report. Final Report–Notice to informant–The informant is entitled to a notice and an opportunity to be heard at the time of consideration of the report– Position is different so far as an injured person or a relative of the deceased, who is not an informant, is concerned. They are not entitled to any notice.
2007(5) LAW HERALD (SC) 3824 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No.…
Maintenance–Claim by illegitimate minor–In the case of a claim based on illegitimacy, the statement of the mother was to be treated with some suspicion and could only be accepted with other corroborative evidence.
2007(5) LAW HERALD (SC) 3821 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. 1139 of…
Specific performance–Khasra No. which was later on added and, therefore, the question of the plaintiffs being ready and willing to perform the contract as originally stood, does not really arise. Specific performance–Readiness and willingness to perform–An averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words.
2007(5) LAW HERALD (SC) 3816 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Arijit Pasayat The Hon’ble Mr. Jusitce Lokeshwar Singh Panta Civil Appeal No. 4656…