Burden of Proof—Money transaction—In the absence of any explanation an adverse inference is attracted.
2007(1) LAW HERALD (SC) 818 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 212 of…
Labour Law—Contractual appointment for meter reading—Merely because the meter reading work has not decreased, that cannot be a basis to hold that there was a camouflage adopted, with a view to avoid provisions of the Act.
2007(1) LAW HERALD (SC) 816 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 648…
Bail—No allegation of Organised Crime— Maximum punishment for alleged offence is three years—Accused in judicial custody for over two years—Bail granted.
2007(1) LAW HERALD (SC) 812 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 183 of…
Bail—Serious offence—Factors to be considered; enumerated. Bail—Non examination of key witness depiste various adjournments—Bail granted by High Court on that ground–Bail rejected as number of adjournments has no relevance.
2007(1) LAW HERALD (SC) 808 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 204…
Personal presence in Civil Suit—Civil Court has power to direct a party to the suit to appear in person.
2007(1) LAW HERALD (SC) 801 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. 711of…
Decree—Execution of—Executing Court in exercise of its revisional jurisdiction cannot vary the terms of the decree in execution.
2007(1) LAW HERALD (SC) 795 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. AR. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 745 of…
Death Sentence—In rarest of rare case when collective conscience of the community is so shocked that it will expect the holders of the judicial power center to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise retaining death penalty.
2007(1) LAW HERALD (SC) 771 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No. 895 of 2005…
Investigation—Police Diaries–Gists of the interrogation recorded by an investigating officer in his diary cannot be regarded as statements under Section 161(3) Cr. P.C. and assuced is not entitled to any copy of such ‘gists’. Investigation—Statements under Section 161 need to be separated from observations which are recorded under Section 172 in order to make available the statement under Section 161(3) to the accused.
2007(1) LAW HERALD (SC) 765 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 201 of…
Eviction—Causing of nuisance and annoyance to the adjoining occupiers by blocking passage—Decree upheld.
2007(1) LAW HERALD (SC) 761 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice P.K. Balasubramanyan Criminal Appeal No. 758 of 2007…
Will—Execution of—Division Bench of High Court reversed the finding of Single Judge without proper consideration of various facts—Matter remanded back for fresh decision.
2007(1) LAW HERALD (SC) 760 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. 5145…