Misjoinder of plaintiffs or misjoinder of cause of action—Objection as to— It is a procedural objection and it is not a bar to the entertaining of the suit or the trial and final disposal of the suit. Misjoinder of plaintiffs or misjoinder of cause of action—Held; By no stretch of imagination such a defective suit be held to be barred by any law.
2007(2) LAW HERALD (SC) 1263 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice P.K. Balasubramaniyan Civil Appeal No.446 of 2007…
Pre-emption — Validity — Plaintiff not a co-sharer of her father — She could not have claimed a right of pre-emption on the basis of consanguinity
2007(2) LAW HERALD (SC) 1257 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. 5947 of…
Acquittal–While dealing with a case of acquittal, the High Court shall not ordinarily overturn a judgment if two views are possible
2007(2) LAW HERALD (SC) 1251 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. 1622 of…
Bail—Fake stamp papers—Accused helped Telgi in jail in contravention of prior rules—Bail granted.
2007(2) LAW HERALD (SC) 1249 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice R.V. Raveendaran Criminal Appeal No. 574…
Agreement to Sell—Rise in prices of property thereafter—Specific performance of agreement—Rise in the price of an immovable property by itself is not a ground for refusal to enforce a lawful agreement of sale.
2007(2) LAW HERALD (SC) 1243 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. 6925 of…
Joint Hindu Property—Partition—Even separate possession of portion of the property by the co-sharers itself would not lead to a presumption of partition. First Appeal—The appellate court, if it seeks to reverse those findings of fact, must give cogent reasons to demonstrate how the trial court fell into an obvious error.
2007(2) LAW HERALD (SC) 1237 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. 6198 of…
Witness–Depositions of the witnesses having taken place after four years from the date of incident, some variation in their statements cannot be ruled out.
2007(2) LAW HERALD (SC) 1233 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. 99 of…
Divorce—Cruelty—Settlement—Full and final payment received by wife towards all her claims as permanent alimony–Decree granted.
2007(2) LAW HERALD (SC) 1230 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.R. Lakshmanan The Hon’ble Mr. Justice V.S.Sirpurkar Civil Appeal No. 267 of 2007 Arising…
Dishonour of Cheque—Accused directed to pay compensation of same amount as that of cheque i.e. Rs.7 lakhs. Compensation—Award of compensation (by way of public law remedy) will not come in the way of the aggrieved person claiming additional compensation in a civil court, in the enforcement of the private law remedy in tort, nor come in the way of the criminal court ordering compensation under Section 357 of the Code of Criminal Procedure.
2007(2) LAW HERALD (SC) 1224 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. 1335 of 2005…
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…