Wakf Act, is prospective—It cannot operate retrospectively.
2007(3) LAW HERALD (SC) 1992 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.K. Mathur The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No.…
Agreement to Sell–Execution of decree–Refusal of permission to transfer by competent authority such a permission not a condition precedent for passing of decree for specific performance of contract.
2007(3) LAW HERALD (SC) 1987 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 6700 of…
Election Petiton–Disqualification on conviction—Suspension of sentence—Does not amount to temporarily washing out the conviction.
2007(3) LAW HERALD (SC) 1981 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 4055 of…
Arbitrator–Appointment of—Limitation—Live issue exists—Question of limitation automatically gets resolved—Where the negotiations were still on there would be no question of starting of the limitation period
2007(3) LAW HERALD (SC) 1971 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 1523 of…
Criminal Procedure Code, 1973, Sections 95, 96—Forfeiture of publication—Provisions are clearly preventive nature—Designed to pre-empt any disturbance in public order—Section 95 of the code does not by itself create a criminal offence.
2007(3) LAW HERALD (SC) 1959 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1228…
Principles of Hindu Law (by Mulla) Section 483(3)—‘Dya mushayana’—For a valid adoption—There must be a giving and taking—The parties to comply with the requirements of law.
2007(3) LAW HERALD (SC) 1956 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. 2207 of…
Public Interest Litigation is not maintainable to probe or enquire into the returns or another taxpayer except in special circumstances.
2007(3) LAW HERALD (SC) 1944 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 633 of…
Abatement of appeal–An appeal would abate automatically unless the heirs and legal representatives of a deceased plaintiffs or defendants are brought on record within the period specified. Second appeal—Substantial question of law–When there is misconstruction of a document or wrong application of a principle of law in construing a document, it gives rise to a question of law.
2007(3) LAW HERALD (SC) 1936 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. 2206 of 2007…
Accident–Only because Section 143 and 167 of the 1988 Act refer to the provisions of the 1923 Act, the same by itself would not mean that the provisions of the 1988 Act, proprio vigore would apply in regard to a proceeding for payment under the 1923 Act. Accident–Workman—The husband would not be a “workman” of his wife in absence of any specific contract.
2007(3) LAW HERALD (SC) 1929 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. 856 of…
Arbitration–Contention that the restrictions placed by the Specific Relief Act cannot control the exercise of power under Section 9 of the Act, cannot prima facie be accepted.
2007(3) LAW HERALD (SC) 1923 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. 2707 of…