Second Appeal—Ordinarily unless there exists a sufficient and cogent reasons, the findings of fact arrived at by the Courts below are binding on the High Court.
2007(2) LAW HERALD (SC) 1442 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. 4409…
Acquisition of Land—Determination of value of land—Standing Tree—Court has no power to value the trees separately and award both the value of the land and also the value for trees.
2007(2) LAW HERALD (SC) 1428 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 6497-6500…
Circumstantial Evidence–Last Seen Together–There can be no fixed or straight jacket formula for the duration of time gap in this regard and it would depend upon the evidence led by the prosecution to remove the possibility of any other person meeting the deceased in the intervening period. Murder—Acquittal—Circumstantial Evidence—There was gap of 8½ hours when deceased was seen alive with accused—It is considerable gap between the time of crime
2007(2) LAW HERALD (SC) 1409 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No. 873 of…
Kidnapping for ransom–Any of the three ingredients can take place at one place or at different places. Place of inquiry or trial—Offence committed partly in one local area and partly in another—Trial could be conducted in any of the local jurisdiction where offence was committed.
2007(2) LAW HERALD (SC) 1403 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 4516…
Amendment of pleadings—Delay of—First of all there had to be bonafides on the part of the plaintiff and reasonable explanation for the delay.
2007(2) LAW HERALD (SC) 1399 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 1700 of…
Quashment—Inherent Powers—FIR and the consequent investigation cannot be quashed unless there is no offence spelt out from the same.
2007(2) LAW HERALD (SC) 1396 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P.K. Balasubramaniyan The Hon’ble Mr. Justice V.S.Sirpurkar Criminal Appeal No. 274 of 2007 (Arising…
Condonation of delay of 971 days in filing appeal—Delay properly explained and was rightly condoned
2007(2) LAW HERALD (SC) 1393 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 1576…
Portuguese Civil Procedure Code (CPC) – Article 515, 516 – Possession of the property – The predecessors of the respondents filed a Civil Suit in the Court of Civil Judge for declaration that they are the owners and possessors of the disputed properties –
(1997) 3 JT 651 : (1997) 3 SCALE 31 : (1997) 9 SCC 279 : (1997) 2 SCR 1075 SUPREME COURT OF INDIA KASHINATH S. BANDEKAR AND OTHERS —…
Industrial Disputes Act, 1947 – Section – 33(1)(a), 33A – Order of dismissal – The respondent filed an application under Section 33(1)(a) of the Industrial Disputes Act, 1947 contending that since the dispute relating to an employee in Bhadrak zone was pending adjudication in the Industrial Tribunal, without the leave of the Tribunal under Section 33A his service could not be terminated
(1997) 84 CLT 531 : (1997) 2 LLJ 382 : (1996) 9 SCALE 277 : (1997) 9 SCC 296 : (1997) SCC(L&S) 1297 : (1996) 9 SCR 380 Supp SUPREME…
Tamil Nadu Estates Land Act, 1908 – Section – 3(13), 3(15) – Constitution of India, 1950 – Article – 136, 39(b) – Ryots – Whether the respondent-tenants are entitled to ryotwari patta or the ryotwari patta granted to the first respondent is in accordance with law –
(1996) 11 JT 499 : (1996) 9 SCALE 284 : (1997) 9 SCC 313 : (1996) 9 SCR 161 Supp SUPREME COURT OF INDIA STATE OF T.N. — Appellant Vs.…