Quashing—Loan from bank on forged documents—Continuance of the criminal proceedings, after a compromise has been arrived at between the complainant and the accused, would amount to abuse of process of Court and an exercise in futility.
2017(1) Law Herald (SC) 499 : 2017 LawHerald.Org 666 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’bie Mr. Justice Amitava Roy Criminal…
Landlord & Tenant–Eviction–Personal Necessity-Merely because the landlord has not examined the member of the family who intends to do business in the premises, he cannot be non-suited in case he has otherwise established a genuine need-
2017(1) Law Herald (SC) 492 : 2017 LawHerald.Org 618 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal…
Indian Penal Code, 1860, S.302–Murder–Self Defence–Acquittal–As per evidence on record deceased was beaten outside the house; there was cross case by deceased against accused and complainant party were aggressor
2017(1} Law Herald (SC) 490 : 2017 LawHerald.Org 628 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. A. Bobde The Hon’ble Mr. Justice L, Nageswara Rao…
Advocates—Professional Misconduct—Mere negligence or error of judgment on the part of an advocate would not amount to professional misconduct. Advocates—An advocate’s attitude towards and dealings with his client have to be scrupulously honest and fair.
2017(1) Law Herald (SC) 484 : 2017 LawHerald.Org 610 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mrs. Justice R. Banumathi Civil…
Criminal Procedure Code, 1973, S.482–Criminal breach of Trust-Fraudulent Documents–Quashing– If on the basis of false and fraudulent documents a claim is made which leads to award of compensation in land acquisition matter, the interest of the State is certainly compromised or adversely affected-
2017(1) Law Herald (SC) 461 : 2017 LawHerald.Org 606 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Uday Umesh Lalit Criminal…
Service Law—Seniority—Reservation-Exercise for determining ‘inadequacy of representation’, ‘backwardness’ and ‘overall efficiency’, is a must for exercise of power under Article 16(4A)—Mere fact that there is no proportionate representation in promotional posts for the population of SCs and STs is not by itself enough to grant consequential seniority to promotees
2017(1) Law Herald (SC) 471 : 2017 LawHerald.Org 605 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Adarsh Kumar Goel The Hon’ble Mr. Justice Uday Umesh Laiit…
Specific Relief Act, 1963, S.34–Suit for Declaration-Suit for a mere declaration without relief of recovery of possession is not maintainable-The plaintiff, who was not in possession, had in the suit claimed only declaratory relief along with mandatory injunction-Plaintiff being out of possession, the relief of recovery of possession was a further relief which ought to have been claimed by the plaintiff.
2017(1) Law Herald (SC) 464 : 2017 LawHerald.Org 604 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ranjan Gogoi The Hon’ble Mr. Justice Ashok Bhushan Civil Appeal…
Service Law–Seniority–Classification on the basis those who cleared test in time and those who cleared late though with permission—Held; when the Rules did not provide for creation of two classes between the employees working on one cadre; such a classification is not justified.
2017(1) Law Herald (SC) 458 : 2017 LawHerald.Org 607 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar The Hon’ble Mr. Justice Abhay Manohar Sapre Civil…
Indian Penal Code, 1860, S.302–Murder–Disclosure Statement-Joint Statement- -No evidence to show as to which particular article was recovered at whose instance pursuant to the joint statement made by the accused—However, appellant held guilty on the basis of other circumstantial evidence
2017(1) Law Herald (SC) 455 : 2017 LawHerald.Org 602 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. A. Bobde The Hon’ble Mr. Justice L. Nageswara Rao…
Quashment—Agreement to Sell—Non performance of contract—Dispute is of civil nature—FIR against seller quashed. Cheating—Mere failure to subsequently keep a promise, one cannot presume that he all along had a culpable intention to break the promise from the beginning. Non-Bailable Warrants—When to be issued—Explained.
2007(4) LAW HERALD (SC) 3288 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jutsitce R.V. Raveendran, CJI The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 1392…