Adverse Possession—Adverse possession is a right which comes into play not just because someone loses his right to reclaim the property out of continuous and willful neglect but also on account of possessor’s positive intent to dispossess.
2007(2) LAW HERALD (SC) 1655 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. 7062 of…
Admitted facts—Need not be proved—The Court was entitled to draw an inference that the same had been admitted. Partition—Family settlement—Not given its full effect—Finding that by purported settlement deed, joint family property had not been partitioned by meets and bounds—Finding held to be proper.
2007(2) LAW HERALD (SC) 1651 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. 7061 of…
Acquisition of Land—Under Act of 1952—Grant of solatium and interest—Award passed by arbitrator attained finality—Compensation payable as per award.
2007(2) LAW HERALD (SC) 1644 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 6063-6064…
Notice—Send by post—Returned unserved on refusal—Defendant on oath stated he did not received the notice—The same would prevail, unless the postman was examined.
2007(2) LAW HERALD (SC) 1641 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 5130 of…
Noise Pollution—Manufacturing of brass utensils in residential area—Permission granted to give concrete proposal as to how would they abide by norms.
2007(2) LAW HERALD (SC) 1638 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. 4533…
Arbitrator—Appointment of—Not permissible to appoint an Arbitrator to adjudicate the disputes, in the absence of an arbitration agreement or mutual consent—Section 89 CPC has no application.
2007(2) LAW HERALD (SC) 1633 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice R.V. Raveendran Civil Appeal No. 4467 of…
Murder—Common Intention—Injuries on head of deceased—Guilt proved beyond doubt—Conviction upheld.
2007(2) LAW HERALD (SC) 1626 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. 708…
Whether High Court can convert the conviction in his own appeal by substituting the conviction and sentence without prior notice for enhancement ? No.
2007(2) LAW HERALD (SC) 1621 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. S.H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No.…
Conviction—Appellant convicted under Section 148 IPC—Whether Supreme Court in special leave petition could convict the appellant under Section 302 IPC without any appeal from the State? No.
2007(2) LAW HERALD (SC) 1615 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No.…
Return of Plaint—Territorial Jurisdiction—When suit comes within the purview of section 16(b) and (d) of the code—Section 20 of the code cannot have application.
2007(2) LAW HERALD (SC) 1610 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 1921 of…