Murder and Robbery—Accused threw deceased in the canal—No evidence that there has been any intention to cause death—Case falls under Section 304, Part II IPC. FIR—Delay in lodging of—Mere delay in lodging the first information report, cannot be held to be fatal to the prosecution case.
2007(4) LAW HERALD (SC) 2914 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. 1107 of 2007…
Chief Minister and Minister—Appointment of—Whether respondents being members of Rajya Sabha are disqualified under Article 164(4) and 164(1) of Constitution ? NO. Chief Minister and Minister—Appointment of—Person can be appointed, to continue in office without getting himself elected within a period of six consecutive months.
2007(4) LAW HERALD (SC) 2908 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P.P. Naolekar Civil Writ Petition No. 296…
Service Law—Promotion on basis of Tribunal’s order, which tribunal did not directed—Does not amount to contempt.
2007(4) LAW HERALD (SC) 2903 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 693 of…
Arbitrator—Appointment of—If the parties have entered into an agreement with open eyes, it is not open to ignore it and invoke exercise of powers in Section 11(6).
2007(4) LAW HERALD (SC) 2898 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker Arbitration Petition 12 of 2007 [Under Section 11(6) read with Section…
Workman—Definition of—Nomenclature is not of any consequence. Whether a particular employee comes within the definition of workman has to be decided factually. Labour Law—Industrial Relation Executive—Plea that appellant was not doing managerial or administrate work, not accepted.
2007(4) LAW HERALD (SC) 2890 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal Nos. 6543-6544 of…
National Security Act, 1980 – Section 3(2) – Preventive detention – Detenu an active member of terrorist organization ‘Vidial Velli’
AIR 2006 SC 711 : (2006) CriLJ 560 : (2006) 1 SCC 515 : (2006) 1 UJ 347 : (2006) AIRSCW 1 : (2005) 8 Supreme 569 SUPREME COURT…
Grant of special leave petition – Keeping in view the importance of the issues involved and far reaching consequences of the same in the context of child abuse, court have suggested to learned counsel for the parties to formulate issues which may require our consideration and determination.
(2000) 8 SCALE 386 : (2001) 10 SCC 732 SUPREME COURT OF INDIA SAKSHI — Appellant Vs. UNION OF INDIA (UOI) AND OTHERS — Respondent ( Before : A.…
Constitution of India, 1950 – Article 136 – Transfer of case – Application for transfer of a pending case from one Bench of Central Administrative Tribunal to other
(2000) 10 JT 287 : (2001) 10 SCC 753 SUPREME COURT OF INDIA J.L. JAIN — Appellant Vs. UNION OF INDIA (UOI) AND OTHERS — Respondent ( Before :…
Constitution of India, 1950 – Article 136 – Pensions-Respondent absorbed in Indian Railways in 1957 – He had given voluntary option in 1958 for having Provident Fund
(2001) 90 FLR 497 : (2000) 8 JT 77 : (2000) 2 LLJ 1603 : (2001) 10 SCC 757 SUPREME COURT OF INDIA UNION OF INDIA (UOI) AND OTHERS…
Penal Code, 1860 (IPC) – Section 302 – Murder – Appeal against acquittal – Reappreciation of evidence – Paramount consideration to prevent miscarriage of justice – Where admissible evidence is ignored, duty cast upon appellate Court to reappreciate evidence
AIR 2006 SC 2667 : (2006) CriLJ 3634 : (2006) 6 JT 163 : (2006) 6 SCALE 553 : (2006) 10 SCC 617 : (2006) 3 SCR 314 Supp…