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.…
Murder—Sudden fit of anger—The case comes under Section 304 part two and not under Section 302 IPC.
2007(2) LAW HERALD (SC) 1187 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. 402…
Confession–Confession of Co-accused is not an evidence—But if there is other evidence on which conviction can be based, then they can be referred to as lending assurance to the verdict.
2007(2) LAW HERALD (SC) 1180 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.H. Kapadia The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No. 372…
Award—Setting aside of—Publication of award after two years of declaration—Subsequent corrigendum to said declaration has to be excluded for computation of two years.
2007(2) LAW HERALD (SC) 1179 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. 1321 of…
Award—When the Arbitrator had taken a plausible view on interpretation of contract, it is not open to the court to set aside the award on the ground that the Arbitrator had misconducted himself in the proceedings.
2007(2) LAW HERALD (SC) 1171 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Tarun Chatterjee Civil Appeal No. 1280…