Criminal Procedure Code, 1973 (CrPC) – Section 378 – Appeal – Acquittal – Interference with possible reasonable view – Sole testimony of complainant alleged to have been beaten by the accused persons – The complainant reaching the place of occurrence by chance – Improbability of prosecution case – Order of acquittal, restored.
AIR 1977 SC 1213 : (1977) 4 SCC 598(1) SUPREME COURT OF INDIA JIMMY HOMI BHARUCHA — Appellant Vs. STATE OF MAHARASHTRA — Respondent ( Before : S. Murtaza…
Land Acquisition Act, 1894 – Section 18 – Determination of compensation – Land Acquisition Officer awarded compensation at Rs. 80 per square metre – Reference Court enhanced to Rs. 270 per square metre – Award restored by High Court – Sale instances referred to by Reference Court are of developed lands
(2007) 4 CTC 601 : (2007) 10 JT 196 : (2007) 10 SCALE 89 : (2007) 7 SCC 614 : (2007) 9 SCR 32 SUPREME COURT OF INDIA GAFAR…
Industrial Disputes Act, 1947 – Sections 25F and 2(oo)(bb) – Casual Job – Termination – Matter remit to tribunal for fresh considerations.
(2007) 114 FLR 1037 : (2007) 11 SCC 30 : (2008) 1 SCC(L&S) 669 : (2007) 8 SCR 403 SUPREME COURT OF INDIA MICROWAVE PROJECT, KOTA AND ANOTHER —…
Penal Code, 1860 (IPC) – Sections 306, 107, 109 – Abetment of suicide – Ingredients of offence – Prosecution must prove direct or indirect acts of incitement to commission of suicide – Mere allegations of harassment would not be sufficient
AIR 2007 SC 2457 : (2007) 4 CTC 158 : (2007) 8 SCALE 591 : (2007) 10 SCC 797 : (2007) 7 SCR 1051 : (2007) AIRSCW 4380 :…
Land Acquisition Act, 1894 – Sections 18 and 28A(3) – Acquisition of land – Compensation – A person who has not accepted award made under Section 28A(2) is not precluded from making an application to Collector with request to refer matter to Court
(2010) 11 JT 45 : (2011) 1 RCR(Civil) 149 : (2010) 10 SCC 650 SUPREME COURT OF INDIA V. RAMAKRISHNA RAO — Appellant Vs. THE SINGARENI COLLIERIES COMPANY LTD.…
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 – Section – 12(3)(a), 12(3)(b) – Possession of the suit premises – Predecessor in interest of the respondents instituted a suit under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (the Act) for possession of the suit premises against the appellants-tenants.
(1995) 7 JT 400 : (1995) 5 SCALE 481 : (1995) 6 SCC 576 SUPREME COURT OF INDIA LAXMIKANT REVCHAND BHOJWANI AND ANOTHER — Appellant Vs. PRATAPSING MOHANSINGH PARDESHI…
Transfer of Property Act, 1882 – Section 76(c) – Mortgage – Redemption of – Mortgagee claiming himself to be in occupation of land as tenant – No consent of mortgagor for creation of tenancy by mortgagee – In terms of mortgage deed – Mortgagee neither managed property as a tenant nor inherited tenancy rights under Tenancy Act – Mortgagee cannot claim any tenancy right in respect of land.
(2001) 1 JT 401 : (2000) 8 SCALE 463 : (2000) 5 SCR 756 Supp : (2001) AIRSCW 9 SUPREME COURT OF INDIA PURAN CHAND (D) THROUGH LRS. AND…
Dismissal—False document—Punishment modified from dismissal to termination from service, in view of good career of 27 years and his expertise.
2007(5) LH (SC) 3409 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. 4842 of 2007…
Dishonour of Cheque–Notice–An omnibus notice without specifying as to what was the amount due under the dishonoured cheque would not subserve the requirement of law. Dishonour of Cheque–Notice–Demand of payment within 10 days–Whether notice valid ? YES. Dishonour of Cheque–Notice–Unless a notice is served in conformity with Proviso (b) appended to Section 138 of the Act, the complaint petition would not be maintainable.
2007(5) LH (SC) 3404 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. 525 of 2005…
Attempt to Murder—First part thereof does not contemplate that receipt of any injury on the part of the victim is a pre-requisite for convicting an accused thereunder.
2007(4) LAW HERALD (SC) 3389 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. 1427…