Review–Review of judgment in the guise of application for clarification; not to be entertained.
2007(1) LAW HERALD (SC) 529 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice H.K. Sema Civil Appeal No. 7797 of…
Accident–Compensation–Multiplier–Assessment of–Explained. Accident–Compensation–Insured truck parked on running condition without any indicator–Vehicle dashed in such truck is entitled to be compensated by insurer.
2007(1) LAW HERALD (SC) 524 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. 255 of…
Fundamental Rights–Enforcement of the rights conferred by Part III under Article 20 & 21 cannot be suspended even during emergencies.
2007(1) LAW HERALD (SC) 479 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice Y.K. Sabharwal The Hon’ble Mr. Justice Ashok Bhan The Hon’ble Mr. Justice Dr.…
Leave to defend–Refusal of–Where leave to defend the leave refused in a summary suit, the consequences of passing a decree cannot be avoided. Leave to defend–Refusal of–Where an appeal lies under Section 96 of the Code, ordinarily an application under Article 227 of the Constitution would not be maintainable.
2007(1) LAW HERALD (SC) 476 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. 230 of 2007…
Death Sentence–Accused a person of notorious character–Killed his wife and four children–Plea of drunkenness can never be an excuse for the brutal, diabolic acts of accused–Case squarely falls under the rarest and rare category” to warrant death sentence.
2007(1) LAW HERALD (SC) 463 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 1302 of 2006…
Cruelty–Inference–Where there is a proof of a deliberate course of conduct on the part of one, intended to hurt and humiliate the other spouse, and such a conduct is persisted, cruelty can easily be inferred–Neither actual nor presumed intention to hurt the other spouse is a necessary element in cruelty.
2007(1) LAW HERALD (SC) 456 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice A.K. Mathur Civil Appeal No. 5779 of 2006…
Mohammedan Law–Wakf or Trust–The question whether a particular endowment amounts to a wakf under the Mohammedan Law or to a Trust as recognized by modern jurisprudent, will have to be decided primarily on a true construction of the document establishing the charity.
2007(1) LAW HERALD (SC) 447 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal Nos. 3023-3024 of 2000…
Labour Law–‘Gainful employment’–Income from agricultural pursuits to maintain himself–Employee is treated to be engaged in “gainful employment”
2007(1) LAW HERALD (SC) 443 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. AR. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 129 of…
Service Law—Petitioner re-appointed from regular pay scale to consolidated salary on different occasion as stop-gap arrangement–Not entitled for regularization of service
2007(1) LAW HERALD (SC) 440 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. 130 of…
Service Law–Parallel proceedings–Departmental Enquiry and Criminal Proceedings–There would be no bar to proceed simultaneously with departmental enquiry and trial of a criminal case unless the charge in the criminal trial is of grave nature involving complicated question of fact and law.
2007(1) LAW HERALD (SC) 433 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar…