Joint Hindu Property—Partition—Even separate possession of portion of the property by the co-sharers itself would not lead to a presumption of partition. First Appeal—The appellate court, if it seeks to reverse those findings of fact, must give cogent reasons to demonstrate how the trial court fell into an obvious error.
2007(2) LAW HERALD (SC) 1237 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. 6198 of…
Witness–Depositions of the witnesses having taken place after four years from the date of incident, some variation in their statements cannot be ruled out.
2007(2) LAW HERALD (SC) 1233 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. 99 of…
Divorce—Cruelty—Settlement—Full and final payment received by wife towards all her claims as permanent alimony–Decree granted.
2007(2) LAW HERALD (SC) 1230 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.R. Lakshmanan The Hon’ble Mr. Justice V.S.Sirpurkar Civil Appeal No. 267 of 2007 Arising…
Dishonour of Cheque—Accused directed to pay compensation of same amount as that of cheque i.e. Rs.7 lakhs. Compensation—Award of compensation (by way of public law remedy) will not come in the way of the aggrieved person claiming additional compensation in a civil court, in the enforcement of the private law remedy in tort, nor come in the way of the criminal court ordering compensation under Section 357 of the Code of Criminal Procedure.
2007(2) LAW HERALD (SC) 1224 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. 1335 of 2005…
Cause of Action—That all necessary facts must form an ‘integral part’ of the cause of action. The fact which is neither material nor essential nor integral part of the cause of action would not constitute a part of cause of action within the meaning of Clause (2) of Article 226 of the Constitution.
2007(2) LAW HERALD (SC) 1214 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 1426…
Acquisition of Land—Tea Bushes—Compensation for tea bushes @Rs.75/- each is excessive, reduced to Rs.37.50 for each.
2007(2) LAW HERALD (SC) 1204 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 1401 of…
Civil Procedure Code, 1908, Order 37, Rule 1—Leave to defend—Legal position summarised
2007(2) LAW HERALD (SC) 1201 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 1344…
Appeal against Acquittal—Appellate Court could interfere with a judgment of acquittal
2007(2) LAW HERALD (SC) 1196 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. 731 of…
Attachment of property—Only that portion of the property is to be attached proceeds of which would satisfy the claim of decree holder.
2007(2) LAW HERALD (SC) 1192 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. 576…
Bail—Counterfeit Stamp Case—Appellant has already been in jail for maximum punishment–Fit case for grant of bail.
2007(2) LAW HERALD (SC) 1189 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K G Balakrishnan The Hon’ble Mr. Justice R. V. Raveendran Criminal Appeal No.…