Eviction—Bonafide requirement—Demolition and reconstruction— An intention to put the building to better use by way of earning better income consistent with the developments in the locality, cannot be held to be not a bona fide intention.
2007(2) LAW HERALD (SC) 1767 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 1829 of…
Bail–Grant of–Recording of Reasons–The trend to virtually write a judgment while disposing of an application for grant of bail must be discouraged.
2007(2) LAW HERALD (SC) 1766 IN THE SUPREME COURT OF INDIA Before The Honb’ble Mr. Justice B.P. Singh The Honb’ble Mr. Justice H.S. Bedi Petition for Special Leave to…
Joint Family Property—Merely because of the existence of a Hindu Joint Family, self acquired property of father cannot be said to be joint family property.
2007(2) LAW HERALD (SC) 1761 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4446…
Arbitrator–Award–Challenge to–High Court had original no jurisdiction to hear the appeal as in terms of Sub-section (2) of Section 37 of the 1996 Act.
2007(2) LAW HERALD (SC) 1752 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 4780 of…
Dowry Death—Expression “soon before her death” do not necessarily mean immediately before her death—This phrase is an elastic expression and can refer to a period either immediately before death of the deceased or within a few days or few weeks before death. Dowry Death—Suicide—Even if deceased committed suicide, Section 304-B can still be attracted
Raja Lal Singh v. State of Jharkhand 2007(2) LAW HERALD (SC) 1748 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice…
Dowry Death–Murder—Deceased was murdered in her matrimonial home—It was for the husband to explain the ground of un natural death of his wife.
2007(2) LAW HERALD (SC) 1746 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. 653 of…
Confession of a co-accused by itself is not sufficient to hold the other accused guilty
2007(2) LAW HERALD (SC) 1742 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan The Hon’ble Mr. Justice G. P. Mathur Criminal Appeal No.…
Wife purchased the property from the money provided by her husband, whether benami transaction ? No.
2007(2) LAW HERALD (SC) 1729 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. 8098 of 2004…
Dying declaration—Magistrate before whom the alleged dying declaration said to have been made neither cited as a witness nor produced at trial—Declaration disbelieved.
2007(2) LAW HERALD (SC) 1832 IN THE SUPREME COURT OF INDIA Before The Honb’le Mr. Justice S. B. Sinha The Honb’le Mr. Justice Markandey Katju Criminal Appeal No. 830…
Usufructuary mortgage—When the parties altered their position knowing fully well their mutual rights and obligations under an agreement thereto existing, the rule of estoppel shall apply.
2007(2) LAW HERALD (SC) 1825 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2411 of…