Evidence—Murder–Variation between medical evidence and ocular evidence—Oral evidence has to get primacy and medical evidence is basically opinionative. Evidence—Murder–Variation between ocular evidence and medical evidence—To discard the testimony of an eyewitness simply on the strength of such opinion expressed by the medical witness is not conducive to the administration of criminal justice.
2007(1) LAW HERALD (SC) 710 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. 215…
Common Intention—It may develop on the spot among a number of persons and hence pre-concert in the sense of distinct previous plan is not necessary to attract Section 34 IPC.
2007(1) LAW HERALD (SC) 705 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 211 of 2007…
Service Law–Misconduct–Punishment of Dismissal–Setting aside of–Imposition of lesser punishment–Court is not holding that the employer was in the wrong or that the dismissal was illegal and invalid–The Court is merely exercising its discreation to award a lesser punishment.
2007(1) LAW HERALD (SC) 690 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice R.V. Raveendaran Civil Appeal No. 7657 of 2004…
Acquisition of Land–Compensation–Lands were ideally situated and suited for industrial purpose, compensation enhanced as claimed.
2007(1) LAW HERALD (SC) 686 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal Nos. 6587-6588 of…
Service Law–Public Appointment–Compassionate appointment–No appointment on compassionate ground can be granted to a person other than those for whose benefit the exception has been carved out.
2007(1) LAW HERALD (SC) 679 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. 429 of 2007…
Accident–Compensation–Liability to pay amount–When question is linked with the entitlement of claimant to receive the amount, he was required to be heard in the appeal.
2007(1) LAW HERALD (SC) 677 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 412 of 2007…
Non Compoundable Offence–Compromise of–Courts have no powers to allow compromise of a prosecution when the same is not permissible in terms of Section 320 of the Code.
2007(1) LAW HERALD (SC) 674 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Criminal Appeal No. 149 of…
Service Law–Military Service–Concept of invalidment–Where an officer completes his tenure and retires on attaining age of superannuation, he dose not fall in the category of invalidment.
2007(1) LAW HERALD (SC) 668 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 4356 of 2006…
Murder– Appreciation of evidence–Every person who witnesses a murder reacts in his own way–There is not set rule of natural reaction–Evidence of witness not be discarded on that ground. Murder—Evidence—Adverse inference should not be drawn against prosecution for non examination of the informant and other material witness.
2007(1) LAW HERALD (SC) 664 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 744 of…
Service Law–Method of Recruitment–Only Merit–In the absence of the Rules prescribing any method of recruitment, the appointing authority was at liberty to follow any reasonable and appropriate procedure for selection.
2007(1) LAW HERALD (SC) 655 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G. P. Mathur The Hon’ble Mr. Justice R. V. Raveendran Civil Appeal No. 3874…