Will—Suspicious Circumstances— No sane person and except for very cogent reasons, would disinherit his minor children. Will—Execution of—Burden of Proof—The burden of proof that the Will has been validly executed and is a genuine document is on the propounder.
2007(2) LAW HERALD (SC) 1722 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. 7400-7401 of 2000…
Culpable Homicide— Only an unpremeditated assault committed in the heat of passion upon a sudden quarrel which would come within Exception 4 and it is necessary that all the three ingredients must be found.
2007(2) LAW HERALD (SC) 1714 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. 178 of…
Arraying other persons as accused—Such person even though had initially been named in the F.I.R. as an accused, but not charge sheeted, can also be added to face the trial
2007(2) LAW HERALD (SC) 1710 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.K. Balasubramanyan The Honb’le Mr. Justiec D.K. Jain…
Labour Law—Reinstatement with back wages—Reference made after 13 years before Labour Court—Payment of back wages set aside.
2007(2) LAW HERALD (SC) 1708 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. 2139 of…
Medical Negligence—Services rendered by ESI hospital dispensary falls within ambit of ‘Services’ as defined in the Consumer Protection Act and therefore Consumer forum has jurisdiction to adjudicate the matter relating there to. Services— There is a distinction between a ‘contract of service’ and a ‘contract for service’
2007(2) LAW HERALD (SC) 1696 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar The Hon’ble Mr. Justice Dalveer Bhandari…
Common Object—The question, as to whether in a given case common object has been made out or not, will depend upon the facts and circumstances thereof; Conduct of the parties and the manner in which the occurrence has taken place.
2007(2) LAW HERALD (SC) 1689 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. 431 of 2006…
Secondary Evidence—Only when conditions of Section prescribed in Section 65 are satisfied, documents can be admitted as secondary evidence.
2007(2) LAW HERALD (SC) 1686 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.…
Arbitrator—Appointment of—Firstly Arbitrator has to decide existence of arbitration agreement and claim comes within purview of agreement—However, these two aspects are not to be treated as preliminary issue.
2007(2) LAW HERALD (SC) 1679 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. 2133 of…
Decree—Execution of—Property situated outside the territorial jurisdiction of the Court which passed the decree—Decree passed to the Court having jurisdiction over the property.
2007(2) LAW HERALD (SC) 1674 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. 2078 of…
Confiscation of vehicle—Truck used for transportation of wheat—Whether there was any valid paper regarding possession of wheat was not subject matter of confiscation proceeding—Vehicle released.
2007(2) LAW HERALD (SC) 1670 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. 659 of…