Appointment of Lokayukta – Chief Justice is most appropriate person to judge suitability of retired Judge, who will act as Lokayukta and object of Act would not be served, if final decision is left to executive – Primacy of opinion of Chief Justice must be accepted
(2013) 1 AD 325 : AIR 2013 SC 693 : (2013) 1 JT 276 : (2013) 1 RCR(Civil) 610 : (2013) 1 SCALE 7 : (2013) 3 SCC 1 :…
Civil Procedure Code, 1908 (CPC) – Section 107 – Interference with finding of fact – Considerations for – The rule of practice is that where the evidence is conflicting and decision hinges upon the credibility of witnesses, the appellate court should not interfere with finding of civil Court on question of fact.
AIR 1951 SC 120 : (1950) 1 SCR 781 SUPREME COURT OF INDIA SARJU PERSHAD — Appellant Vs. RAJA JWALESHWARI PRATAP NARAIN SINGH AND OTHERS — Respondent ( Before…
Arbitration Act, 1940 – Section 30 – Misconduct – Natural justice – Hearing one party in the absence of the other – Violation of principles of natural justice – Award vitiated
AIR 1953 SC 21 : (1953) 4 SCR 119 SUPREME COURT OF INDIA PAYYAVULA VENGAMMA — Appellant Vs. PAYYAVULA KESANNA AND OTHERS — Respondent ( Before : N. Chandrasekhara…
Evidence Act, 1872 – Section 67 – Handwriting – Proof of – Conclusion based on clear comparison of handwriting must at best be indecisive and yield to positive evidence..
AIR 1954 SC 316 : (1954) 1 SCR 919 SUPREME COURT OF INDIA SRI SRI SRI KISHORE CHANDRA SINGH DEO — Appellant Vs. BABU GANESH PRASAD BHAGAT AND OTHERS…
Contract Act, 1872 – Sections 17 and 23 – Fraudulent terms – Avoidance of creditor – Rules of Voluntary Provident Fund Trust providing that in case of insolvency of subscriber, the property standing to his credit will vest in the Trust and not the Official Receiver – Such clause if allowed would be fraud perpetrated on insolvency law and therefore is not valid or binding.
AIR 1956 SC 336 : (1956) 2 LLJ 215 : (1956) 1 SCR 100 SUPREME COURT OF INDIA MUKTI LAL AGARWALA — Appellant Vs. TRUSTEES OF THE PROVIDENT FUND…
Civil Procedure Code, 1908 (CPC) – Order 21, Rule 52 – Non-compliance – Effect of – Attachment without notice to the court or public officer in whose custody the property was entrusted – Sale without such notice is not void ab initio.
AIR 1958 SC 725 : (1959) 1 SCR 333 SUPREME COURT OF INDIA KANHAIYALAL — Appellant Vs. D.R. BANAJI AND OTHERS — Respondent ( Before : Syed Jaffer Imam, J;…
Civil Procedure Code, 1908 (CPC) – Order 39, Rule 2(3) – Disobedience of order – Ambiguous order – Susceptibility of order to two possible meanings – A party bona fide acting on his own interpretation cannot be held to have willfully disobeyed the order.
AIR 1961 SC 221 : (1961) 1 SCR 728 SUPREME COURT OF INDIA THE STATE OF BIHAR — Appellant Vs. RANI SONABATI KUMARI — Respondent ( Before : S.…
Arbitration Act, 1940 – Section 34 – Stay of suit – Considerations for – Apprehended unfairness of Arbitrator – The Court may release a person from Arbitration on the ground of unfairness in selection of Arbitrator.
AIR 1967 SC 249 : (1966) SCR 215 Supp SUPREME COURT OF INDIA UTTAR PRADESH CO-OPERATIVE FEDERATION LTD. — Appellant Vs. SUNDER BROTHERS OF DELHI — Respondent ( Before…
Arbitration Act, 1940 – Section 33 – Arbitration clause – Scope of – The clause entailing reference of dispute to arbitrator – Dispute about dissolution of Partnership by an Agreement is covered by such Arbitration Clause.
AIR 1971 SC 1653 : (1970) 2 SCC 724 : (1971) 2 SCR 99 SUPREME COURT OF INDIA ERACH F.D. MEHTA — Appellant Vs. MINOO F.D. MEHTA — Respondent (…
Detention—Non consideration of representation renders further detention illegal but does not render initial order void ab initio.
2007(2) LAW HERALD (SC) 1121 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H. K. Sema The Hon’ble Mr. Justice B. Sudershan Reddy Criminal Appeal No.…