Limitation—Exclusion of Time—Both due diligence and good faith must be established. Limitation—Exclusion of Time—Nothing shall be deemed to be done in good faith which is not done with due care and attention.
2016(5) Law Herald (P&H) 3748 (SC) : 2016 LawHerald.Org 2355 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice Rohinton Fali…
Dying Declaration–100% Burn Injuries—Not a ground in itself to discard dying declaration when there was a specific certificate from the Doctor about her mental fitness regarding capability of giving the statement.
2016(5) Law Herald (P&H) 3732 (SC) : 2016 LawHerald.Org 2166 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Amitava Roy Criminal…
False Statement—Income Tax Officer is a Civil Court—Person making false statement to income tax officer during search/raid—Complaint under S. 195 CrPC is maintainable. False Statement—For a valid complaint under S.I95 of CrPC, the mandate thereof has to be essentially abided.
2016(5) Law Herald (P&H) 3714 (SC) : 2016 LawHerald.Org 2368 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Pinaki Chandra Ghose The Hon’ble Mr. Justice Amitava Roy…
Contempt—Once an advocate is convicted of an offence involving moral turpitude, his licence to practice will stand suspended for a period of two years.
2016(5) Law Herald (P&H) 3713 (SC) : 2016 LawHerald.Org 2367 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice Rohinton Fali Nariman…
Evidence Act, 1872 – Section 32 – Dying declaration – Mental fitness – Certificate by doctor – Certification by the doctor before recording dying declaration is necessary – Certificate of doctor not obtained in spite of his presence – Dying declaration cannot be relied upon.
AIR 2002 SC 526 : (2002) CriLJ 973 : (2002) 1 Crimes 231 : (2001) 10 JT 322 : (2001) 8 SCALE 393 : (2002) 1 SCC 577 :…
Penal Code, 1860 (IPC) – Sections 302/34 and 201/34 – Murder – Common intention – Conviction – Conviction based solely on evidence of Approver – No material to show that appellant had any common intention to eliminate deceased who was a physically disabled – Only adverse thing against appellant is that he used to associate with accused for smoking Ganja – In absence of common intention convicting appellant with aid of Section 34 IPC cannot be sustained – Appeal allowed.
(2012) 4 JCC 2745 : (2012) 9 JT 116 : (2012) 9 SCALE 245 : (2012) 9 SCC 249 SUPREME COURT OF INDIA SURESH SAKHARAM NANGARE — Appellant Vs.…
Public interest litigation — Whether a Society such as TELC is required to be treated as Society registered under the Act in view of the operation of Section 53 — The entire litigation between the parties herein is without any basis in law. It resulted in wastage of time of the judiciary as well as the administration.
(2014) 10 SCALE 197 : (2015) 5 AD 499 : (2014) 4 RCR(Civil) 689 : (2014) 10 SCALE 197 : (2015) 2 SCC 121 : (2014) 9 SCJ 152…
Constitution of India, 1950 – Article – 226 – Land Acquisition Act, 1894 – Section – 4(1), 5-A – Notification – A notification under Section 4(1) of the Land Acquisition Act was published – There was no justification to dispense with the enquiry under Section 5-A and public purpose would have been served by allowing the claimants to submit their objections
(1996) 81 CLT 161 : (1995) 6 JT 624 : (1995) 5 SCALE 188 : (1995) 5 SCC 583 : (1995) 3 SCR 139 Supp : (1995) 2 UJ…
Legal assistance – Disciplinary proceedings – Assistance of legal practitioner – Assistance of legal practitioner barred under the Regulations – Only Govt. employee allowed to assist the delinquent – High Court directing the authority to allow assistance of retired employee – Though he is not a legal practitioner who is prohibited to appear to assist the delinquent, it amounts to permitting the retired employee to have regular practice
AIR 1997 SC 2982 : (1997) 6 JT 447 : (1997) 2 LLJ 825 : (1997) 5 SCALE 14 : (1997) 6 SCC 380 : (1997) SCC(L&S) 1473 :…
Seniority – Absorption – Counting of services rendered by deputationist in the parent department – Held: Any Rule, Regulation or Executive Instructions which has the effect of taking away the service rendered by deputationist in an equivalent cadre in the department while counting his seniority in the deputed post would be violative of Articles 14 and 16 of the Constitution.
AIR 2000 SC 594 : (2000) 85 FLR 305 : (1999) 9 JT 597 : (1999) 7 SCALE 466 : (2000) 1 SCC 644 : (2000) SCC(L&S) 213 :…