Arbitration—Appointment—Contract stipulates formation of arbitration board—Order of appointment of retired Chief Justice of High Court as sole arbitrator, set aside.
2007(2) LAW HERALD (SC) 1603 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. 1945 of…
Amendment of Pleadings—Courts should be liberal in allowing amendments of pleadings unless serious injustice or irreparable loss is caused to the other side.
2007(2) LAW HERALD (SC) 1594 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.V. Raveendaran Civil Appeal No. 2019 of…
Displaced Person–Claim for appointment being oustee of land–Held If there is no scheme, the question of giving any employment would not arise.
2007(2) LAW HERALD (SC) 1592 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No.…
Common Intention—Direct proof of common intention is seldom available and, therefore, such intention can only be inferred from the circumstances appearing from the proved facts of the case and the proved circumstances.
2007(2) LAW HERALD (SC) 1587 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. 634 of…
Murder—Culpable Homicide—For cases to fall within clause (3), it is not necessary that the offender intended to cause death, so long as the death ensues from the intentional bodily injury or injuries sufficient to cause death in the ordinary course of nature.
2007(2) LAW HERALD (SC) 1583 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. 637 of…
Murder—Discrepancies in Evidence—Benefit of doubt—When there are major discrepancies and unexplained injuries on the accused it is an important factor to be taken into account.
2007(2) LAW HERALD (SC) 1578 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. 639 of…
Arbitrator–Award–A deliberate departure from contract amounts to not only manifest disregard of his authority or a misconduct on his part, but it may tantamount to a mala fide action.
2007(2) LAW HERALD (SC) 1572 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 1874 of 2007…
Withdrawal of Suit–Prayer for withdrawal of appeal reserving right to agitate the grievance before appropriate forum refused—Appellant could not have been placed in a worse position—Parties were relegated to the same position to which they had been viz when the Ld. Single Judge dismissed the writ petition.
2007(2) LAW HERALD (SC) 1567 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. 1818…
First Information Report—Not a substantive piece of evidence—It cannot contradict the testimony of the eye witnesses even though it may contradict its maker.
2007(2) LAW HERALD (SC) 1561 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No.…
Murder—Appeal against acquittal—Evidence not properly considered by Courts below—Appeal allowed for fresh decision.
2007(2) LAW HERALD (SC) 1533 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. 875 of…