Murder–Contention that with proper medical care the deceased could have survived and therefore Section 302 IPC has no application–Plea unsustainable.
2007(5) LAW HERALD (SC) 3754 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 1529…
Civil Procedure Code, 1908, Section 25—Transfer of case—Defamation case—Respondent filed case at Mumbai
2007(5) LAW HERALD (SC) 3753 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K.G. Balakrishnan The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice V.S.…
Murder–Acquittal–Non explanation of injuries on accused–There were large numbers of injuries on accused which were not superficial and some of them were even wounds–It cast a genuine doubt about the actual time, place, number of assailants and weapons for the injuries.
2007(5) LAW HERALD (SC) 3746 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. 54 of…
Declaratory Suit–Adverse Possession–Limitation–Suit decreed by Courts below–High Court reversed the suit on basis of question of limitation only–Matter remanded to decide both the questions.
2007(5) LAW HERALD (SC) 3744 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 6616 of…
Rape–An undeserved indulgence or liberal attitude in not awarding adequate sentence in such cases would amount to allowing or even to encouraging ‘potential criminals’.
2007(5) Law Herald (SC) 3735 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 1658 of…
Rape–The only statement that can be made by the medical officer is that there is evidence of recent sexual activity–Whether the rape has occurred or not is a legal conclusion, not a medical one.
2007(5) LAW HERALD (SC) 3729 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice G.S. Singhvi Criminal Appeal No. 32 of 2007…
Sick Industrial Companies (Special Provisions) Act, 1985, Section 18–Textile mill–Amount towards late payment surcharge–Appellant contended waiving off such charges as done with another mill–Stand of the Corporation that there was no scope for writing off late payment surcharge and in any event, the same was not part of the approved scheme
2007(5) LAW HERALD (SC) 3726 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.…
Arbitration and Conciliation Act, 1996, Section 11–Arbitration–Appointment of–Arbitration agreement–Special terms and conditions attached to purchase order–Applicability of
2007(5) LAW HERALD (SC) 3721 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…
Declaratory suit–Limitation would not commence unless there has been a clear and unequivocal threat to the right claimed by the plaintiff.
2007(5) LAW HERALD (SC) 3714 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. 4803 of…
Correction of Error in decree–If the Court has the requisite power to make an amendment of the decree, the same would not mean that it had gone beyond the decree or passing any decree. When the suit as to immovable property has been decreed and the property is not definitely identified, the defect in the court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 of the CPC is capable of being cured.
2007(5) LAW HERALD (SC) 3703 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.…