Security Interest (Enforcement) Rules, 2002, R.8–Auction Sale-Symbolic Possession-No advertisement was published in the newspaper in terms of Rule 8(2) of the Rules and no possession notice under Rule 8(1) was affixed on the said property-Auction Sale though confirmed but set aside-Sale certificate quashed.
2017(1) Law Herald (SC) 356 : 2016 LawHerald.Org 2534 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Anil R. Dave The Hon’ble Mr. Justice Uday Umesh Lalit…
Service Law—Sporting a beard—Muslim Airman—Religion of personnel does not prohibit the cutting off the hair or shaving off the face of its members-Permission held to be rightly declined, Service Law-Sporting of beard-Armed Forces-Appellant, an Airman belonging to Muslim Religion sought permission to sport a broad on religious grounds-Permission declined-Order upheld-Held;
2017(1) Law Herald (SC) 351 : 2016 LawHerald.Org 2533 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice D.Y. Chandrachud The…
Service Law—Physically Handicapped—A person who is physically handicapped be it Physically Handicapped of a General Category or OBC Category, suffering from similar disability has to be treated alike in extending the relaxation and concessions.
2017(1) Law Herald (SC) 338 : 2017 LawHerald.Org 594 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ranjan Gogoi The Hon’ble Mr. Justice Ashok Bhushan C.A. No.…
Dying Declaration—A valid dying declaration maybe made without obtaining a certificate fitness of the declaration by medical officer. Abetment of Suicide—Eve teasing—Active acts of the accused have led the deceased to put an end to her life as accused has played active role in tarnishing the self-esteem and self respect of the victim—Accused convicted.
2017(2) Law Herald (SC) 1303 : 2017 LawHerald.Org 891 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice A.M. Khanwilkar The Hon’ble…
Summoning of additional accused—Merely on verbal accusation of complainant appellant not to be summoned under section 319 especially when no stronger evidence has come on record.
2017(2) Law Herald (SC) 1296 : 2017 LawHerald.Org 893 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Ashok Bhushan Criminal Appeal…
Dishonour of Cheque—Second notice is of no relevance and could be construed as reminder notice only. Dishonour of Cheque—Deemed Service—Once notice is sent by registered post by correctly addressing to the drawer of the cheque, the service of notice is deemed to have been effected.
2017(2) Law Herald (SC) 1292 : 2017 LawHerald.Org 902 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice N. V. Ramana The Hon’ble Mr. Justice Prafulla C. Pant…
Transfer–Transfer order was passed by cadre controlling authority within the powers vested in him by the Board by its circular–Order not bad.
2007(5) LAW HERALD (SC) 3530 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice D.K.Jain Special Leave Petition (C) No. 20706 of…
Culpable homicide not amounting to murder–Sudden provocation–Whether there was an intention to cause death is to be gathered from several circumstances, and one of the circumstances is whether the weapon was carried by the accused or was picked up from the spot.
2007(5) LAW HERALD (SC) 3527 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 1511 of 2007…
Dishonour of Cheque–By company–Negotiation for obtaining financial assistance on behalf of the Company by its Directors itself would not give rise to an inference that the appellant was responsible for day-to-day affairs of the Company.
2007(5) LAW HERALD (SC) 3523 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice H.S. Bedi Criminal Appeal No. 919…
Contempt of Courts Act, 1971, S.12–Willful Disobedience-Court has to grant an opportunity to the appellant to file his reply and on the reply being filed, the appellant may be heard and only thereafter, the Court may form an opinion as to whether the Court should proceed or not against the appellant for Contempt of
2017(1) Law Herald (SC) 336 : 2017 LawHerald.Org 593 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice A. M. Khanwilkar Civil…