Suspension of Conviction–Section 389(1) Cr.P.C. confers power not only to suspend the execution of sentence and to grant bail but also to suspend the operation of the order appealed against which means the order of conviction.
2007(1) LAW HERALD (SC) 595 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No. 59 of…
Ancestral Property–Alienation–Legal necessity–Once it is found that the conveyance executed by karta & others is true under which the plaintiffs were put in possession and later on disposed, in such event, in suit of possession, the issue of legal necessity becomes irrelevant.
2007(1) LAW HERALD (SC) 588 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. 1584 of…
ervice Law–Determination of Rights of an employee–Where the rights had been determined in favour of some employees and attained finality in a duly constituted proceeding–Subsequent judgment taking contrary view would not adversely affect the applicants in whose cases the orders had attained finality.
2007(1) LAW HERALD (SC) 579 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. 322 of 2007…
Second Appeal–Substantial question of law–Second appeal–It is essential for the High Court to formulate a substantial question of law and it is not permissible to reverse the judgment of the first appellate Court without doing so.
2007(1) LAW HERALD (SC) 577 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. 301 of…
Accident–Third Party Insurance–Premium in respect of the entire risk of death or bodily injury of owner was not paid–Petition under Section 166 of the Motor Vehicles Act not maintainable.
2007(1) LAW HERALD (SC) 574 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. 280 of 2007…
Service Law–Pension–Delay and latches–If petition is filed beyond a reasonable period say three years normally the Court would reject the same or restrict the relief which could be granted to a reasonable period of about three years.
2007(1) LAW HERALD (SC) 570 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. 274 of…
Non speaking awards–Award passed under the old Act could not be set-aside on the ground that they were not supported by reasons & were not speaking one.
2007(1) LAW HERALD (SC) 568 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. AR. Lakshmanan The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 266 of…
Cognizance cannot be taken merely on the basis of suspicion. Quashment–Cognizance cannot be taken unless there is atleast some material indicating the guilt of the accused.
2007(1) LAW HERALD (SC) 565 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. 124 of…
Death caused by bodily injury–The person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment death might have been prevented.
2007(1) LAW HERALD (SC) 557 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. 123 of…
Murder– Even if the intention of accused was limited to the infliction of a bodily injury sufficient to cause death in the ordinary course of nature, and did not extend to the intention of causing death, the offence would be murder.
2007(1) LAW HERALD (SC) 551 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. 107 of…