Death Sentence—In rarest of rare case when collective conscience of the community is so shocked that it will expect the holders of the judicial power center to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise retaining death penalty.
2007(1) LAW HERALD (SC) 771 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Justice P.P. Naolekar Criminal Appeal No. 895 of 2005…
Investigation—Police Diaries–Gists of the interrogation recorded by an investigating officer in his diary cannot be regarded as statements under Section 161(3) Cr. P.C. and assuced is not entitled to any copy of such ‘gists’. Investigation—Statements under Section 161 need to be separated from observations which are recorded under Section 172 in order to make available the statement under Section 161(3) to the accused.
2007(1) LAW HERALD (SC) 765 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 201 of…
Eviction—Causing of nuisance and annoyance to the adjoining occupiers by blocking passage—Decree upheld.
2007(1) LAW HERALD (SC) 761 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice P.K. Balasubramanyan Criminal Appeal No. 758 of 2007…
Will—Execution of—Division Bench of High Court reversed the finding of Single Judge without proper consideration of various facts—Matter remanded back for fresh decision.
2007(1) LAW HERALD (SC) 760 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 5145…
Essential Commodities—Act of 1981 did not preclude the authorities from applying the provisions of the MCOCA for offence under Section 3 & 7 of the 1955 Act as well as the 1981 Act. Organized Crime—Sanction of—Investigation—Stringent provisions—Concerned authorities would have to be bound down to the strict observance of the provisions.
2007(1) LAW HERALD (SC) 746 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. AR. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Special Leave Petition (criminal) Nos.…
Service Law—Mere acquittal in a criminal case does not have the effect of nullifying the decision taken in the departmental proceedings
2007(1) LAW HERALD (SC) 743 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 3212 of…
Wakf—Once a wakf is created, the wakif stands divested of his title to the properties which after the creation of the wakf vests in the Almighty. Wakf—Once a wakf is created it continues to retain such character which cannot be extinguished by any act of the Mutwalli or anyone claiming through him.
2007(1) LAW HERALD (SC) 740 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 4816 of 2000…
Member of Legislative Assembly—Disqualification for Membership—Leader of BSP party recommended dissolution of the Assembly—13 members of BSP giving a letter requesting the Governor to call upon the leader of Samajwadi Party to form a Government—The act itself would amount to an act of voluntarily giving up the membership of the party on the ticket they had got elected. Defection–Split in party–Mere claim is not enough–To be proved; prima facie, by relevant material.
2007(1) LAW HERALD (SC) 717 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice Sema The Hon’ble Mr. Justice Dr. AR.…
Freedom Fighter’s Pension—Claim based on secondary evidence—Pension should be granted from the date of order and not from the date of application.
2007(1) LAW HERALD (SC) 716 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 783 of…
Deficiency of Service—Delay in giving delivery of possession of flat—Refund of amount—No hard and fast rule about rate of interest thereon. Interest—Interest is not a penalty or punishment at all, but it is the normal accretion on capital.
2007(1) LAW HERALD (SC) 714 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 1598 of…