Non Compoundable Offence–Compromise of–Courts have no powers to allow compromise of a prosecution when the same is not permissible in terms of Section 320 of the Code.
2007(1) LAW HERALD (SC) 674 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. 149 of…
Service Law–Military Service–Concept of invalidment–Where an officer completes his tenure and retires on attaining age of superannuation, he dose not fall in the category of invalidment.
2007(1) LAW HERALD (SC) 668 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 4356 of 2006…
Murder– Appreciation of evidence–Every person who witnesses a murder reacts in his own way–There is not set rule of natural reaction–Evidence of witness not be discarded on that ground. Murder—Evidence—Adverse inference should not be drawn against prosecution for non examination of the informant and other material witness.
2007(1) LAW HERALD (SC) 664 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 744 of…
Service Law–Method of Recruitment–Only Merit–In the absence of the Rules prescribing any method of recruitment, the appointing authority was at liberty to follow any reasonable and appropriate procedure for selection.
2007(1) LAW HERALD (SC) 655 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G. P. Mathur The Hon’ble Mr. Justice R. V. Raveendran Civil Appeal No. 3874…
Criminal Revision–Absence of appellant’s counsel–Without taking note of reasons for absence, revision petition should not be dismissed.
2007(1) LAW HERALD (SC) 654 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. 150…
Service Law–Compassionate Appointment Scheme–Prospectivety–A dispute arose in 2000 cannot be decided on the basis of scheme formulated in 2005.
2007(1) LAW HERALD (SC) 648 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 409 of…
Public Purpose–Acquisition of land to serve the public interest and not the interest of few. Acquisition of Land—Fraud—Cancellation of—Sale of sites in the guise of allotment of sites to the members/associate members of the Society to make money.
2007(1) LAW HERALD (SC) 642 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice A.K. Mathur Civil Appeal Nos. 2086-2087 of 2004…
Service Law–Navy–Promotion–Policy decisions should not be interfered with–It was Chief of Naval Staff who had decided the norms.
2007(1) LAW HERALD (SC) 639 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.…
Arbitration Act, 1940 – Section 14(2) – Filing of award – Court – Meaning of – The expression is not limited to the definition of court under the Act – The award should be filed before the court which appointed Arbitrator.
AIR 1972 SC 1507 : (1972) 1 SCC 702 : (1972) 3 SCR 233 SUPREME COURT OF INDIA STATE OF MADHYA PRADESH — Appellant Vs. SAITH AND SKELTON (P)…
Arbitration Act, 1940 – Schedule I, Rule 4 – Jurisdiction of Umpire – Failure of Arbitrator to make award within a stipulated time – Umpire is competent to enter upon the reference without any order from court.
AIR 1975 SC 230 : AIR 1974 SC 230 : (1975) 1 SCC 289 : (1975) 2 SCR 811 : (1975) 7 UJ 2 SUPREME COURT OF INDIA N.…