Murder—Discrepancies in Evidence—Benefit of doubt—When there are major discrepancies and unexplained injuries on the accused it is an important factor to be taken into account.
2007(2) LAW HERALD (SC) 1578 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. 639 of…
Arbitrator–Award–A deliberate departure from contract amounts to not only manifest disregard of his authority or a misconduct on his part, but it may tantamount to a mala fide action.
2007(2) LAW HERALD (SC) 1572 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 1874 of 2007…
Withdrawal of Suit–Prayer for withdrawal of appeal reserving right to agitate the grievance before appropriate forum refused—Appellant could not have been placed in a worse position—Parties were relegated to the same position to which they had been viz when the Ld. Single Judge dismissed the writ petition.
2007(2) LAW HERALD (SC) 1567 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. 1818…
First Information Report—Not a substantive piece of evidence—It cannot contradict the testimony of the eye witnesses even though it may contradict its maker.
2007(2) LAW HERALD (SC) 1561 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.…
Murder—Appeal against acquittal—Evidence not properly considered by Courts below—Appeal allowed for fresh decision.
2007(2) LAW HERALD (SC) 1533 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. 875 of…
Assets Disproportionate to known sources of income—Territorial jurisdiction—Accused have several bank accounts and properties in Delhi—Court at Delhi would have the jurisdiction even though he was never posted in Delhi.
2007(2) LAW HERALD (SC) 1546 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. 635 of…
Bail—While dealing with bail application commenting on evidentiary value of evidence on record; not permissible.
2007(2) LAW HERALD (SC) 1540 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal…
Detention—Exoneration in the adjudication on proceedings cannot be a ground to nullify the order of detention.
2007(2) LAW HERALD (SC) 1537 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. 533…
Preventive Dentention–The laws of preventive detention are strictly construed, and a meticulous compliance with the procedural safeguard, however, technical is mandatory.
2007(2) LAW HERALD (SC) 1533 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No.…
Summoning of Accused—Before a court exercises its discretionary jurisdiction—It must arrive at the satisfaction that there exists a possibility that the accused so summoned is in all likelihood would be convicted.
2007(2) LAW HERALD (SC) 1530 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. 530 of…