Suspension of sentence–Study leave–To be entitled to benefit convict has to suffer at least 8 years of custody.
2007(5) LAW HERALD (SC) 3647 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. 1222 of…
Principle of quantum meritum–Extra work done–A person who does work or who supplies goods under a contract, if no price is fixed, is entitled to be paid a reasonable sum for his labour and the goods supplied.
2007(5) LAW HERALD (SC) 3639 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.…
Suspension of sentence and conviction–Possible delay in disposal of the appeal and there are arguable points by itself may not be sufficient to grant suspension of a sentence. Inherent Power–High Court can modify its own interlocutory order when the matter is yet to be finally disposed of.
2007(5) LAW HERALD (SC) 3634 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. 1251…
Confiscation of vehicle–Claim against–Fact that there was no evidence led by the plaintiff to substantiate the claim of income–Decree set aside.
2007(5) LAW HERALD (SC) 3631 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.…
Second Appeal–Whether the lower appellate court was just and proper in throwing the burden against the plaintiff to prove Exhibit agreement of sale executed in his favour–Question cannot be termed as a substantial question of law
2007(5) LAW HERALD (SC) 3630 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 4312 of…
Custody of minor child–After considering the views of the parties and the minor girl, court held that the appellant should not be denied complete access to his minor child, even if there has been a default in complying with the directions of the High Court.
2007(5) LAW HERALD (SC) 3625 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 5088-5097 of…
Stamp Duty–Market value of the instrument has to be seen at the time of the execution of the sale deed, and not at the time when agreement to sale was entered into.
2007(5) LAW HERALD (SC) 3617 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 5273 of…
Dishonour of Cheque–Acquittal–High Court proceeded on the premise that the appellant had not been able to discharge his burden of proof in terms of Section 139 of the Act without posing unto itself a further question as to how the said burden of proof can be discharged.
2007(5) LAW HERALD (SC) 3610 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. 1410 of…
Appointment–Where a post is to be filled by a reserved category candidate–A general category candidate appointed on such post for a considerable time cannot be appointed permanently.
2007(5) LAW HERALD (SC) 3607 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.Sathasivam Civil Appeal No. 4627 of 2007 Asha…
Dishonour of Cheque–Notice–Complaint Petition can be filed for commission of an offence by a drawee of a cheque only 15 days after service of the notice. Dishonour of Cheque by company–Notice–Whether properly effected–Conduct of the accused, is not material for determining the issue.
2007(5) LAW HERALD (SC) 3600 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. 1424…