Maintenance–Claim by illegitimate minor–In the case of a claim based on illegitimacy, the statement of the mother was to be treated with some suspicion and could only be accepted with other corroborative evidence.
2007(5) LAW HERALD (SC) 3821 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice H.S. Bedi Criminal Appeal No. 1139 of…
Specific performance–Khasra No. which was later on added and, therefore, the question of the plaintiffs being ready and willing to perform the contract as originally stood, does not really arise. Specific performance–Readiness and willingness to perform–An averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words.
2007(5) LAW HERALD (SC) 3816 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Arijit Pasayat The Hon’ble Mr. Jusitce Lokeshwar Singh Panta Civil Appeal No. 4656…
Jurisdiction of Arbitral Tribunal–Though performance of–Contract had not come to an end by efflux of time and it got extended by conduct of the parties–Arbitration agreement exist and tribunal has jurisdiction to entertain the claim.
2007(5) LAW HERALD (SC) 3808 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Tarun Chatterjee The Hon’ble Mr. Jusitce D.K. Jain Civil Appeal No. 4829 of…
Rape with consent–The fact that the hymen was freshly ruptured and the vagina could take only one finger with difficulty shows that prosecutrix was not habituated to sexual intercourse and had been subjected to intercourse against her will.
2007(5) LAW HERALD (SC) 3806 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 928…
Territorial Jurisdiction–Change of residence subsequent to decision of the Court would not confer territorial jurisdiction in the Court which it did not have.
2007(5) LAW HERALD (SC) 3802 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4811 of…
Electricity–Grant of licence–Competency to supply electricity to any person without using the transmission lines of Electricity Board being a generating company–Tribunal to examine the entire grounds of appeal.
2007(5) LAW HERALD (SC) 3799 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 3996…
Bribe–Acquittal–Accused had no knowledge regarding the money being bribe.
2007(5) LAW HERALD (SC) 3796 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1309 of…
Urban Ceiling–A person aggrieved who had a remedy of appeal under Section 33 has no statutory right to move in revision–However, for the exercise of revisional power by the State Government it is open to the State Government to examine a petition and on the basis of material indicated therein to decide whether any action in terms of Section 34 is called for.
2007(5) LAW HERALD (SC) 3792 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…
Murder–Bodily Injury–Intention–Factors to be proved, enumerated. Murder–Single blow–Infliction of a single injury by itself is not a relevant factor to hold that the assailant had no intention to cause murder of the deceased.
2007(5) LAW HERALD (SC) 3787 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1276…
First Information Report—Police Officers had a duty to register the first information report once the allegations disclosed commission of a cognizable offence–But, in an appropriate case, the Police Officers also have a duty to make a preliminary enquiry so as to find out as to whether allegations made had any substance or not. House Trespass–Right of a co-sharer to enjoy the joint family property is a civil right–Criminal proceedings, cannot be taken recourse to for enforcing such a civil right.
2007(5) LAW HERALD (SC) 3784 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1432…