Additional accused–Summoning of–Trial court can add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the charge-sheet or the case diary. Additional accused–Summoning of–Power under Section 319 of the Code can be exercised by the Court suo motu or on an application by someone including accused already before it. Additional accused–Summoning of–It will be presumed that newly added person had been an accused person when the Court took cognizance of the offence.
2007(5) LH (SC) 3476 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 1305 of 2007…
Acquisition of Land–In the case of acquisition of land for a private company, existence of a public purpose being not a requisite criteria, other statutory requirements call for strict compliance, being imperative in character. Agricultural Land–Not to be acquired.
2007(5) LH (SC) 3459 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4843 of…
Accident–No liability of insurance company to identify the owner of vehicle in respect of death of passengers travelling in goods carriage. Accident–Gratuitous Passenger–Travelling with the goods itself does not entitle anyone to protection under Section 147 of the Motor Vehicles Act.
2007(5) LH (SC) 3451 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4845-4847 of…
Transfer—One cannot be transferred from a Government Undertaking to a Private Undertaking without his consent.
2007(5) LH (SC) 3438 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 678 of 2006…
Bail—Economic Offence—Latest status report of further investigation does not indicate specific issues presently being pursued to impellingly justify detention—Bail granted. Bail—Grant of—Seriousness of the charge, is not the only test or the factor to grant or deny such privilege; is regulated to a large extent by the facts and circumstances of each particular case.
2017(1) Law Herald (SC) 285 : 2017 LawHerald.Org 581 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arun Mishra The Hon’ble Mi. Justice Amitava Roy Criminal Appeal…
Freedom Fighters Pension Scheme, 1972–Samman Pension-Eligibility-Swatantrata Sainik Samman Pension Scheme, 1980 is a document based Scheme and the documents required for eligibility for Samman Pension as mentioned in the Scheme are to be produced by the applicant in support of his claimed suffering, duly verified and recommended by the concerned State Government
2017(1) Law Herald (SC) 280 : 2017 LawHerald.Org 579 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mrs. Justice R. Banumathi Civil Appeal…
Indian Penal Code, 1860, S.302 & S.34–Murder–Common Object-Mere fact that the accused persons were armed would not be sufficient to prove the common object-In the instant case, however, there is a clear finding about the common object and calculated/concerted action in furtherance of the said object- Conviction upheld.
2017(1) Law Herald (SC) 275 : 2017 LawHerald.Org 556 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice R.K. Agrawal Criminal Appeal…
Retrial—Any omission or even the illegality in the procedure which does not affect the core of the case is not a ground for ordering a de novo trial.
2017(1) Law Herald (SC) 269 : 2017 LawHerald.Org 578 IN THE SUPREME COURT OF INDiA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mrs. Justice R. Banumathi Criminal Appeal…
Murder—Acquittal—Names of accused persons were revealed for first time in Court—Unsafe to convict them only on basis of statement of chance witness.
2007(5) LH (SC) 3426 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 752-755 of…
Rejection of Plaint— An enquiry under O.7 R. 11 CPC can be taken up at any stage.
2017(1) Law Herald (SC) 266 : 2017 LawHerald.Org 520 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Kurian Joseph The Hon’ble Mr. Justice A.M. Khanwilkar Civil Appeal…