Cause of action–In the restricted sense “cause of action” means the circumstances forming the infraction of the right or the immediate occasion for the reaction. In the wider sense, it means the necessary conditions for the maintenance of the suit, including not only the infraction of the right, but also the infraction coupled with the right itself.
2007(3) LAW HERALD (SC) 2335 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.…
Revision petition was treated to be one under Section 482 of the Code, though styled as one under Section 401–Impugned order set aside for fresh disposal.
2007(3) LAW HERALD (SC) 2333 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. 927 of…
Release of vehicle—Section 457 of Cr.P.C. has no application for offence committed under Wild Life (Protection) Act.
2007(3) LAW HERALD (SC) 2328 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 963…
Abetment of Suicide—Harassment for dowry—Extent of burn injuries found on the body of the deceased would go to show that no effort whatsoever was made by the accused to save his wife though he was present in the house when such incident took place.
2007(3) LAW HERALD (SC) 2323 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No.…
Letters Patent–Maintainablity–Decision on the basis of overruled judgment–Matter remanded back.
2007(3) LAW HERALD (SC) 2321 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 5593 of 1997…
Bail–Pota–Health ground–Opinion of Experts that accused can be treated as outdoor patent–Bail declined.
2007(3) LAW HERALD (SC) 2318 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. 904…
Accident–Compensation—A legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent and child.
2007(3) LAW HERALD (SC) 2314 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. 3216 of…
Rape–Medical report does not disclose any evidence of sexual intercourse, yet even in the absence of any corroboration of medical evidence, the oral testimony of the prosecutrix, which is found to be cogent, reliable, convincing and trustworthy has to be accepted.
2007(3) LAW HERALD (SC) 2309 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendaran The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 205…
Power to Summon material witness—Object of—That there may not be failure of justice on account of mistake of either party in bringing the valuable evidence on record or leaving ambiguity in the statements of the witnesses examined from either side.
2007(3) LAW HERALD (SC) 2305 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. 934 of…
Probation–Murder–There cannot be any bar for making an application–Acceptance or not is another question.
2007(3) LAW HERALD (SC) 2302 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No. 913 of…