Bail–Pre-condition–Pre-condition to applying provisions of Section 439 of Code is that a person who is an accused must be in custody and his movements must have been restricted before he can move for bail.
2008(1) LAW HERALD (SC) 380 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Appeal (civil) 84 of 2008 State…
Writ of mandamus can be granted only in case where there is statutory duty imposed upon officer concerned and there is a failure on part of officer to discharge the statutory obligations.
2008(1) LAW HERALD (SC) 373 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Aftab Alam Appeal (civil) 82 of 2008 Oriental…
Forgery–Filling up of the blanks in cheque by itself would not amount to forgery. Cheating–Fraudulent or dishonest inducement on the part of accused must be at the inception and not at a subsequent stage.
2008(1) LAW HERALD (SC) 365 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Appeal (crl.) 62 of 2008 …
Medical Negligence–When a patient consults a medical practitioner, consent given for diagnostic surgery, cannot be construed as consent for performing additional or further surgical procedure – either as conservative treatment or as radical treatment – without the specific consent for such additional or further surgery.
2008(1) LAW HERALD (SC) 337 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B. N. Agarwal The Hon’ble Mr. Justice P. P. Naolekar The Hon’ble Mr. Justice…
On mere direction of reinstatement with continuity of service, an employee cannot claim his pay to be fixed after taking into consideration the notional increments which would have otherwise accrued
2008(1) LAW HERALD (SC) 335 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 4511 of…
Allotment of Flats–Central Government cannot interfere with the day to day affairs of the DDA–It has nothing to do with carrying out the plans of the Authority in respect of a particular Scheme.
2008(1) LAW HERALD (SC) 327 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5874…
Contract Labour–Claim for equal pay as given to regular workmen–Question regarding work done act to be decided by commission–High Court not right in accepting the claim of contract labourer.
2008(1) LAW HERALD (SC) 324 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Appeal (civil) 8601 of 2001…
Accident—Light Motor Vehicle would include a transport vehicle whose unladen weight does not exceed 7500 kgs and no endorsement is required on license of light motor vehicle for driving such transport vehicle.
(2017) 3 ACC 360 : (2017) ACJ 2011 : (2017) 176 AIC 74 : (2017) AIR(SCW) 3668 : (2017) 5 AIRBomR 546 : (2017) AIR(SC) 3668 : (2017) DNJ 716…
Estoppel–Concession–If one party abuses the concession then it is always open to the other party to revoke such concession but if one party avails the benefit and is acting on the same representation made by the other party then the other party who has granted the said benefit cannot revoke the same under the garb of public interest.
2008(1) LAW HERALD (SC) 304 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Civil Appeal Nos. 1215-1216 of 2001…
Pension–Casual labour has been excluded from the definition of Permanent or Temporary Employee–A casual labour on conferment of temporary status would not become so and there is no legal sanction thereof
2008(1) LAW HERALD (SC) 295 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5833 of…