Arbitrator–Dissolution of firm–One of the respondent was not party to arbitration clause–High Court rightly allowed the application for appointment of sole arbitrator for all the parties concerned.
2007(1) LAW HERALD (SC) 919 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No.814 of 2007 Vipin…
Dishonour of Cheque–Offence by Company–Director of company should not automatically be vicariously liable for commission of an offence–There should be sufficient averments to show that the person who is sought to be proceeded against on the premise of his being vicariously liable for commission of an offence by the Company must be incharge and shall also be responsible to the Company for the conduct of its business.
2007(1) LAW HERALD (SC) 909 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. 664 of 2002…
Rape–Accuseds were sexually obsessed youngsters–Death penalty awarded. Murder–Circumstantial Evidence–Onus is on the prosecution to prove that chain is complete–Circumstances to be proved; enumerated Death Penalty–Rarest of rare cases–Test to determine.
2007(1) LAW HERALD (SC) 900 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 202…
Agreement to sell–Written agreement–Part payment in cash–No receipt produced, nor there was recital of the same in registration document–Evidence to contradict the terms of written agreement, is not permissible.
2007(1) LAW HERALD (SC) 894 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 866 of 2007…
Evidence–Normal discrepancies–Do not corrode the credibility of case and they are always there, however honest and truthful a witness may be. Evidence–Falsity of particular material witness or material particular would not ruin it from the beginning to end.
2007(1) LAW HERALD (SC) 891 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 205…
Anticipatory Bail–Apprehension of arrest–Case was under investigation–Interim order restraining arrest–Order will amount to interference in the investigation–Cannot be done at any rate
2007(1) LAW HERALD (SC) 885 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Jusitce R.V. Raveendran Criminal Appeal No. 249…
Appeal to Supreme Court–Article 136 does not confer a right of appeal upon any party but merely vests a discretion in the Supreme Court to interfere in exceptional cases. Appeal–Under the Constitutional scheme, ordinarily the last Court in the country in ordinary cases was meant to be the High Court.
2007(1) LAW HERALD (SC) 881 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. 188 of…
Transfer Petition–There should not be any scope given to any person to go away with the feeling that the Judge was biased, however unfounded the impression may be.
2007(1) LAW HERALD (SC) 876 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No. 241…
Dying declaration—Accused has no power of cross-examination–This is the reason dying declaration should be of such nature as to inspire full confidence of the Court on its correctness. Dying declaration—Principles governing dying declaration summed up.
2007(1) LAW HERALD (SC) 871 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No.236 of…
Dishonour of Cheque— Standard of proof in discharge of the burden–Being of preponderance of a probability, the inference therefor can be drawn not only from the materials brought on record but also from the reference to the circumstances upon which the accused relies upon.
2007(1) LAW HERALD (SC) 865 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. 233 of…