Wakf—Once a wakf is created, the wakif stands divested of his title to the properties which after the creation of the wakf vests in the Almighty. Wakf—Once a wakf is created it continues to retain such character which cannot be extinguished by any act of the Mutwalli or anyone claiming through him.
2007(1) LAW HERALD (SC) 740 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 4816 of 2000…
Member of Legislative Assembly—Disqualification for Membership—Leader of BSP party recommended dissolution of the Assembly—13 members of BSP giving a letter requesting the Governor to call upon the leader of Samajwadi Party to form a Government—The act itself would amount to an act of voluntarily giving up the membership of the party on the ticket they had got elected. Defection–Split in party–Mere claim is not enough–To be proved; prima facie, by relevant material.
2007(1) LAW HERALD (SC) 717 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice Sema The Hon’ble Mr. Justice Dr. AR.…
Freedom Fighter’s Pension—Claim based on secondary evidence—Pension should be granted from the date of order and not from the date of application.
2007(1) LAW HERALD (SC) 716 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. 783 of…
Deficiency of Service—Delay in giving delivery of possession of flat—Refund of amount—No hard and fast rule about rate of interest thereon. Interest—Interest is not a penalty or punishment at all, but it is the normal accretion on capital.
2007(1) LAW HERALD (SC) 714 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. 1598 of…
Evidence—Murder–Variation between medical evidence and ocular evidence—Oral evidence has to get primacy and medical evidence is basically opinionative. Evidence—Murder–Variation between ocular evidence and medical evidence—To discard the testimony of an eyewitness simply on the strength of such opinion expressed by the medical witness is not conducive to the administration of criminal justice.
2007(1) LAW HERALD (SC) 710 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 215…
Common Intention—It may develop on the spot among a number of persons and hence pre-concert in the sense of distinct previous plan is not necessary to attract Section 34 IPC.
2007(1) LAW HERALD (SC) 705 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. 211 of 2007…
Service Law–Misconduct–Punishment of Dismissal–Setting aside of–Imposition of lesser punishment–Court is not holding that the employer was in the wrong or that the dismissal was illegal and invalid–The Court is merely exercising its discreation to award a lesser punishment.
2007(1) LAW HERALD (SC) 690 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice R.V. Raveendaran Civil Appeal No. 7657 of 2004…
Acquisition of Land–Compensation–Lands were ideally situated and suited for industrial purpose, compensation enhanced as claimed.
2007(1) LAW HERALD (SC) 686 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 Nos. 6587-6588 of…
Service Law–Public Appointment–Compassionate appointment–No appointment on compassionate ground can be granted to a person other than those for whose benefit the exception has been carved out.
2007(1) LAW HERALD (SC) 679 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. 429 of 2007…
Accident–Compensation–Liability to pay amount–When question is linked with the entitlement of claimant to receive the amount, he was required to be heard in the appeal.
2007(1) LAW HERALD (SC) 677 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 412 of 2007…