Arbitrator–Appointment of- -Once the arbitrator has become ineligible by operation of law, he cannot nominate another as an arbitrator. The arbitrator becomes ineligible as per prescription contained in Section 12(5) of the Act. It is inconceivable in law that person who is statutorily ineligible can nominate a person.
2017(3) Law Herald (P&H) 2284 (SC) : 2017 LawHerald.Org 1222 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice…
Landlord & Tenants—Eviction–Bonafide requirement of landlord concurrently upheld by court– Merely because another view is possible in exercise of the revisional jurisdiction, the High Court cannot upset the factual findings.
2017(3) Law Herald (P&H) 2282 (SC) : 2017 LawHerald.Org 1218 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mrs. R. Banumathi Civil Appeal No. 1384…
Confession is a substantive piece of evidence, but as a ‘Rule of Prudence’ the Court should seek other corroborative evidence to test its veracity. Kidnapping and Extortion–The act of kidnapping for extorting ransom from the victim cannot be termed as an act committed “with intent to overawe the Government as by law established–TADA not applicable. Confession–Admissibility of–The mere fact that retracted subsequently is not a valid ground to reject the confession. The crucial question is whether at the time when the accused was giving the statement he was subjected to coercion, threat or any undue influence or was offered any inducement to give any confession
2007(5) LAW HERALD (SC) 4030 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan The Hon’ble Mr. Justice G. P. Mathur Criminal Appeal No.…
Electricity–Payment of interest on security deposit–There is nothing in the Electricity Act or Schedule VI of Supply Act that interest must be paid on the security deposit–Any decision denying interest must be justified by cogent reasons.
2007(5) LAW HERALD (SC) 4026 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice R.V. Raveendaran Civil Appeal No. 1019 of…
Arbitrator–Appointment of–Without verifying the fact that whether notice was duly served to all the respondents–Order set aside.
2007(5) LAW HERALD (SC) 4021 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 5366 of…
Insurance–Denial of recovery of amount of insurance on the death of an insured on the ground of non disclosure of material facts in the declaration form held to be justified.
2007(5) LAW HERALD (SC) 4015 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. 5322…
Conversion Charges–Property in question is a freehold property and it is neither allotted nor sold to her or her predecessor-in-interest by the MC or State Government–No question of demanding conversion charges for change of user arises.
2007(5) LAW HERALD (SC) 4010 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Altamas Kabir Special Leave Petition (Civil) 24912 of…
Indian Penal Code, 1860, S.302 & S.34–Murder–Common Intention-Overt Act–lf common intention by meeting of minds is established in the facts and circumstances of the case, there need not be overt act or possession of weapon required, to establish common intention.
2017(3) Law Herald (P&H) 2279 (SC) : 2017 LawHerald.Org 1217 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.…
Divorce—By Mutual Consent—Waiting period of six months from date of filing application is not mandatory and is directory in nature. Divorce—By Mutual Consent—Waiving off waiting period—Court before whom proceedings are pending including Family Court/District Court can exercise the discretion. Divorce–By Mutual Consent—Waiving off waiting period— The statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties must be already over before the first motion itself.
2017(3) Law Herald (P&H) 2273 (SC) : 2017 LawHerald.Org 1394 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Adarsh Kumar Goel Hon’ble Mr. Justice Uday UmeshLaiit Civil…
Municipal Law-Demolition notice-Municipal Corporation issued notice for disconnecting of water and electricity as building was in dilapidated condition-Possession of building was with tenants
2017(2) Law Herald (SC) 1538 : 2017 LawHerald.org 1050 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dipak Misra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Mohan…