First Information Report—There is no hard and fast rule that the FIR must always contain the names of all persons who were involved in the commission of an offence.
2007(2) LAW HERALD (SC) 996 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. AR. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Special Leave Petition (Criminal)…
Banking Law—Loan recovery—Recovery of loans or seizure of vehicles could be done only through legal means — Banks cannot employ goondas to take possession by force—Reason and Suggestions enumerated.
2007(2) LAW HERALD (SC) 986 IN THE SUPREME COURT OF INDIA Before The Hon’ble Justice A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 267 of 2007…
Dishonour of Cheque–Liability of Directors–To launch a prosecution against the Directors there must be a specific allegation in the complaint as to the part played by them in the transaction.
2007(2) LAW HERALD (SC) 982 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal Nos. 83-85…
Rape—By government teacher on his student outside school premises—Section 376-B IPC not attracted.
2007(2) LAW HERALD (SC) 979 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. 293…
Disclosure Statement—The Court must ensure the credibility of evidence by police because this provision is vulnerable to abuse. Disclosure Statement—Cannot be discarded only on the ground that it was made to a police officer during investigation. Circumstantial Evidence—Inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused
2007(2) LAW HERALD (SC) 968 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. 311…
Dying Declarations—Abetment of suicide—Cruelty to wife—Different versions of dying declarations—Benefit of doubt given—Husband acquitted.
2007(2) LAW HERALD (SC) 965 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. 292 of…
Transfer of case—Notification by State Government without consultation with High Court—Set-aside by High Court—It is for State Government to take appropriate steps—Review petition dismissed.
2007(2) LAW HERALD (SC) 961 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K.G. Balakrishnan, CJI The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice…
Whether withdrawal of O.A. in terms of the first proviso to Section 19(1) of the DRT Act, 1993 is a condition precedent to taking recourse to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ? NO. Whether ad valorem Court fee prescribed under Rule 7 of the 1993 is payable on an application of the NPA Act in the absence of any rule framed under NPA Act ? Yes. Whether recourse to take possession of the secured assets of the borrower in terms of Section 13(4) of the NPA Act comprehends the power to take actual possession of the immovable property.
2007(1) LAW HERALD (SC) 927 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. 3228 of…
Accident–Goods Carriage–Compulsory coverage in respect of drivers and conductors of public service vehicle and employees carried in goods vehicle would be limited to liability under the Workmen Compensation Act.
2007(1) LAW HERALD (SC) 923 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.860 of 2007…
Exparte Decree–Setting aside of–Merely because the learned counsel appearing for the defendants did not take proper care and caution that cannot be a ground to loose sight of the prejudice caused to the plaintiff/respondent.
2007(1) LAW HERALD (SC) 922 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 876 of…