Supreme Court of India Judgements

Acquisition of Land—Tea Bushes—Compensation for tea bushes @Rs.75/- each is excessive, reduced to Rs.37.50 for each.

Apr 9, 2017 sclaw

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…

C P C

Civil Procedure Code, 1908, Order 37, Rule 1—Leave to defend—Legal position summarised

Apr 9, 2017 sclaw

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…

Cr P C

Appeal against Acquittal—Appellate Court could interfere with a judgment of acquittal

Apr 9, 2017 sclaw

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…

C P C

Attachment of property—Only that portion of the property is to be attached proceeds of which would satisfy the claim of decree holder.

Apr 9, 2017 sclaw

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 Granted

Bail—Counterfeit Stamp Case—Appellant has already been in jail for maximum punishment–Fit case for grant of bail.

Apr 9, 2017 sclaw

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.…

Acquittal

Murder—Sudden fit of anger—The case comes under Section 304 part two and not under Section 302 IPC.

Apr 9, 2017 sclaw

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…

Evidence Act I P C

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.

Apr 9, 2017 sclaw

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…

Land Acquisition

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.

Apr 9, 2017 sclaw

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…

Arbitration

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.

Apr 9, 2017 sclaw

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…

Acquittal

Appeal against acquittal—Application for leave to appeal should not be dismissed summarily—Court to give reasons and pass speaking order.

Apr 9, 2017 sclaw

2007(2) LAW HERALD (SC) 1169 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Special Leave Petition…

Supreme Court of India Judgements

Latest Post

An arbitral award under the 1996 Act should not be annulled solely on the ground of MP Act, 1983 applicability if the objection was not raised before the Tribunal.

Under Section 31(7) of the 1996 Act, an Arbitral Tribunal validly awards post-award interest on the sum of the principal amount and accrued pre-award interest, which is not impermissible compound interest.

An arbitral award under the 1996 Act should not be annulled solely on the ground of MP Act, 1983 applicability if the objection was not raised before the Tribunal.

Under Section 31(7) of the 1996 Act, an Arbitral Tribunal validly awards post-award interest on the sum of the principal amount and accrued pre-award interest, which is not impermissible compound interest.

Courts exercising power to appoint Receivers under Order 40 Rule 1 CPC must exercise discretion cautiously, considering temple’s sacred nature, preferring persons with religious affinity and managing pending litigation expeditiously the temple administration

Transfer of investigation is mandated when the integrity and impartiality of the local police agency is compromised by allegations of involvement in the incident under investigation.

An arbitral award under the 1996 Act should not be annulled solely on the ground of MP Act, 1983 applicability if the objection was not raised before the Tribunal.

Under Section 31(7) of the 1996 Act, an Arbitral Tribunal validly awards post-award interest on the sum of the principal amount and accrued pre-award interest, which is not impermissible compound interest.

Courts exercising power to appoint Receivers under Order 40 Rule 1 CPC must exercise discretion cautiously, considering temple’s sacred nature, preferring persons with religious affinity and managing pending litigation expeditiously the temple administration

Consumer Protection Act, 1986 – Section 2(d)(ii) – Deficiency in service – Any loss arising out of inaction and negligence on the part of the Bank, such deficiency is compensable under the provisions of the Consumer Protection Act, 1986

An arbitral award under the 1996 Act should not be annulled solely on the ground of MP Act, 1983 applicability if the objection was not raised before the Tribunal.

Under Section 31(7) of the 1996 Act, an Arbitral Tribunal validly awards post-award interest on the sum of the principal amount and accrued pre-award interest, which is not impermissible compound interest.

Courts exercising power to appoint Receivers under Order 40 Rule 1 CPC must exercise discretion cautiously, considering temple’s sacred nature, preferring persons with religious affinity and managing pending litigation expeditiously the temple administration

Acquisition of Land—Tea Bushes—Compensation for tea bushes @Rs.75/- each is excessive, reduced to Rs.37.50 for each.

Civil Procedure Code, 1908, Order 37, Rule 1—Leave to defend—Legal position summarised

Appeal against Acquittal—Appellate Court could interfere with a judgment of acquittal

Attachment of property—Only that portion of the property is to be attached proceeds of which would satisfy the claim of decree holder.

Bail—Counterfeit Stamp Case—Appellant has already been in jail for maximum punishment–Fit case for grant of bail.

Murder—Sudden fit of anger—The case comes under Section 304 part two and not under Section 302 IPC.

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.

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.

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.

Appeal against acquittal—Application for leave to appeal should not be dismissed summarily—Court to give reasons and pass speaking order.

You missed

An arbitral award under the 1996 Act should not be annulled solely on the ground of MP Act, 1983 applicability if the objection was not raised before the Tribunal.

Under Section 31(7) of the 1996 Act, an Arbitral Tribunal validly awards post-award interest on the sum of the principal amount and accrued pre-award interest, which is not impermissible compound interest.

Courts exercising power to appoint Receivers under Order 40 Rule 1 CPC must exercise discretion cautiously, considering temple’s sacred nature, preferring persons with religious affinity and managing pending litigation expeditiously the temple administration

Supreme Court of India Judgements