Constitution of India, 1950 – Article – 142 – Bihar Agricultural Produce Markets Act, 1960 – Section – 4-B – Liability to pay market fee – Whether the sugar factories engaged in purchasing sugarcane and selling sugar and sugar molasses are liable to pay market fee under the provisions of the Bihar Agricultural Produce Markets Act, 1960
(2006) 1 SCC 509 SUPREME COURT OF INDIA HARINAGAR SUGAR MILLS LTD. AND ANOTHER — Appellant Vs. STATE OF BIHAR AND OTHERS — Respondent ( Before : Ashok Bhan,…
Whether an application under Section 416 of the Act could at all be maintained by a person in whose favour there was only an agreement for sale and who had not acquired the title – Writ petition filed in the High Court was not confined to raising dispute between private parties. There was essentially an element of public interest involved as serious questions alleging violations of building laws and the town planning were raised – Appeal allowed.
(2005) 12 SCC 317 SUPREME COURT OF INDIA DEBASHIS ROY AND ANOTHER — Appellant Vs. CALCUTTA MUNICIPAL CORPORATION AND OTHERS — Respondent ( Before : R.C. Lahoti, C.J.; H.K.…
Constitution of India, 1950 – Article – 22, 22(5) – Order of detention – Court again reiterated the constitutional obligation of the Government to consider the representation forwarded by detenu without delay
(2000) 69 ECC 465 : (2000) 2 JT 287 : (2000) 9 SCC 561 SUPREME COURT OF INDIA SOLOMON CASTRO — Appellant Vs. STATE OF KERALA AND OTHERS —…
The Court ordered District Court, Chandigarh to record finding – Held, accepting the findings of District Judge in light of evidence produced before him about respondent having relied on false and fabricated documents that suit was barred by limitation – Finding about respondent having continued to be Markfed employee and only on deputation with the Sugarfed cannot be sustained – Suit filed by respondent before Trial Court rightly dismissed – Judgments of High Court and Addl. District Judge set aside – Appeal allowed.
AIR 1997 SC 2001 : (1997) 4 JT 597 : (1997) 3 SCALE 515 : (1997) 4 SCC 756 : (1997) 3 SCR 747 : (1997) AIRSCW 1787 : (1997)…
Evidence Act, 1872 — Section 32 — Two dying Declarations, one oral and one written, with several discrepancies cannot convict the accused — Oral dying declaration allegedly made by deceased before her father, uncle and grand — mother, in which names of accused mentioned. However second dying declaration recorded by Magistrate five days later stated that the victim could not recognize any accused because of fire
AIR 1999 SC 3062 : (1999) CriLJ 4070 : (1999) 2 DMC 439 : (1999) 6 JT 41 : (1999) 5 SCALE 31 : (2000) 1 SCC 310 : (1999)…
Arbitration Act, 1940 – Section 30 – Arbitration award – Setting aside of – Existence of dispute condition precedent – Ground of non-existence of dispute – Whether can be raised for first time in appeal before Supreme Court
AIR 2000 SC 3185 : (2000) 1 JT 497 Supp : (2000) 7 SCALE 168 : (2000) 8 SCC 1 : (2000) 4 SCR 22 Supp : (2000) AIRSCW 3690…
The truck driven by the respondent No. 2 almost came to the centre of the road and the appellant must have been put in a dilemma and in the agony of that moment, the appellant’s failure to swerve to the extreme left to the road did not amount to negligence. Thus, there was no contributory negligence on his part especially when the respondent No. 2, the truck driver had no case that the appellant was negligent. Motor Vehicles Act, 1939 – Section 110-B – Contributory negligence –
(2002) ACJ 1720 : AIR 2002 SC 2864 : (2002) 6 JT 380 : (2002) 3 PLR 467 : (2002) 5 SCALE 493 : (2002) 6 SCC 455 : (2002)…
The Trial Court has found that when the version, as regards the recovery was truthfully and fully corroborated, was acceptable and there was no reason to reject the version of the witness – The medical evidence substantially establishes the intention of the accused to eliminate the deceased and the injuries sustained by the deceased discloses the coordinated vengeance with which the assault was caused by the Appellants, in order to ensure that the deceased did not survive – Appeals dismissed.
(2013) 5 ABR 841 : (2013) 7 AD 664 : AIR 2013 SC 3510 : (2013) CriLJ 4011 : (2013) 8 SCALE 131 : (2013) 12 SCC 721 SUPREME…
Motor Vehicles Act, 1988 – Sections 168 and 173 – Compensation – Just compensation – Death in accident – High Court while reducing quantum of compensation as well as rate of interest failed to assign any reason – Impugned order of High Court being non-speaking order calls for interference
(2012) ACJ 2328 : AIR 2012 SC 3263 : (2013) 115 CLT 330 : (2012) 7 JT 517 : (2012) 168 PLR 784 : (2013) 1 RCR(Civil) 220 : (2012)…
Indian Penal Code, 1860, S.185–False Statement- In order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio-Criminal Procedure Code, 1973, S.195.
2017(1) Law Herald (SC) 144 : 2017 LawHerald.Org 513 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Sikri The Hon’ble Mr. Justice Abhay Manohar Sapre Criminal…