Remand of case–Reframing of issue–Additional evidence was required to be adduced upon reframing the issue and having regard to the fact that onus of proof was wrongly placed. Will–Question of validity–Could not be ground for remitting the entire suit to Trial Judge upon setting aside the decree of trial Court.
2007(1) LAW HERALD (SC) 303 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. 5813 of 2006…
Will–Proof of–Suspicious circumstances–Son sought grant of probate on context that father executed Will in his favour in hospital–Son totally ignorant of ailments of his father–Probate not granted.
2007(1) LAW HERALD (SC) 291 IN THE SUPREME COURT OF INDIA Before The The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Appeal (civil) 5060 of 2005…
Sanction for prosecution–Previous sanction under Prevention of Corruption Act is not necessary, if the public servant does not hold the same office which he allegedly abused on the date when the cognizance was taken by the Court.
2007(1) LAW HERALD (SC) 282 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 1276 of 2006…
Test Identification Parade–Prosecutrix identified him before lodging the FIR–To hold a test identification parade would be futile. Juvenile Justice–The 2000 Act would be applicable to the person who had not completed 18 years of as an 01.04.2001.
2007(1) LAW HERALD (SC) 278 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. 173 of 2006…
Dishonor of Cheque–Offence by company–To make a Director of Company vicariously liable for the acts of company it was obligatory on the part of the complainant to make specific allegation as are required in law.
2007(1) LAW HERALD (SC) 273 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. 70 of 2007…
Relation witnesses—Relationship would not result in the mechanical rejection of the testimony of the witnesses. Test Identification Parade—Failure to hold a test identification parade would not make inadmissible the evidence of identification in court.
2007(1) LAW HERALD (SC) 262 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 13 of…
Election–Disqualification–Defection–An elected member of a House who been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election.
2007(1) LAW HERALD (SC) 233 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Y. K. Sabharwal (CJI) The Hon’ble Mr. Justice C. K. Thakker The Hon’ble…
Death Penalty–What would constitute a rarest of rare case must be determined in the fact situation obtaining in each case. Confessional Statement–Only that part of confession is admissible which leads to recovery of articles/dead body–Mode and manner in which deceased was killed is inadmissible as it may influence mind of the Court.
2007(1) LAW HERALD (SC) 193 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal Nos. 867-868 of 2005…
Theft—Punishment for—Release on probation—Admonition—Permissibility plea that effect of Sections 3 and 4 of Probation Offenders Act, 1958 in the back ground of what is stated in Section 360 Cr.P.C. has not been kept in view—Matter remitted.
2007(1) LAW HERALD (SC) 188 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Appeal (crl.) 7 of 2007…
Murder of wife—Gun shot injury—Motive—Proof—Husband having illicit relations with another lady—Motive on part of husband becomes explicit. Murder of wife—Burden of proof—At relevant time, place of offence was in exclusive occupation of couple—Burden of proof lies on husband.
2007(1) LAW HERALD (SC) 178 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. 932 of 2000…