Election–Disqualification–Defection–An elected member of a House who been elected as such otherwise than as a candidate set up by any political party shall be disqualified for being a member of the House if he joins any political party after such election.
2007(1) LAW HERALD (SC) 233 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Y. K. Sabharwal (CJI) The Hon’ble Mr. Justice C. K. Thakker The Hon’ble…
Death Penalty–What would constitute a rarest of rare case must be determined in the fact situation obtaining in each case. Confessional Statement–Only that part of confession is admissible which leads to recovery of articles/dead body–Mode and manner in which deceased was killed is inadmissible as it may influence mind of the Court.
2007(1) LAW HERALD (SC) 193 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal Nos. 867-868 of 2005…
Theft—Punishment for—Release on probation—Admonition—Permissibility plea that effect of Sections 3 and 4 of Probation Offenders Act, 1958 in the back ground of what is stated in Section 360 Cr.P.C. has not been kept in view—Matter remitted.
2007(1) LAW HERALD (SC) 188 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Appeal (crl.) 7 of 2007…
Murder of wife—Gun shot injury—Motive—Proof—Husband having illicit relations with another lady—Motive on part of husband becomes explicit. Murder of wife—Burden of proof—At relevant time, place of offence was in exclusive occupation of couple—Burden of proof lies on husband.
2007(1) LAW HERALD (SC) 178 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. 932 of 2000…
Sanction for prosecution—Charges related to period when accused were Ministers and Chief-Minister—Cognizance of offence taken by Court when the accused ceased to be Ministers but were members of Legislative Assembly or M.P.—Sanction for prosecution under Section 19(1) of the Penal Code Act not required.
2007(1) LAW HERALD (SC) 142 IN THE SUPREME COURT OF INDIA Before The Hon’ble Dr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 5636 of 2006…
Freedom of Speech and Expression—Obscene pictures published in newspapers—Rules of decency—Sufficient safe guards for children and general public avialble in terms of various legislations, norms, rules and regulation, there is no need to ban publication such pictures.
2007(1) LAW HERALD (SC) 118 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Ar. Lakshmanan The Hon’ble Mr. Justice Tarun Chatterjee Writ Petition (Civil) 384 of…
Unlawful Assembly–The offence, even if it is not committed in direct prosecution of common object of the assembly, Section 148 IPC may still be attracted Criminal Trial—Benefit of doubt–Where two views are possible, benefit of doubt must be given to the accused.
2007(1) LAW HERALD (SC) 110 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Case No: Criminal Appeal No. 97…
Service Law–Seniority will be counted in the cadre from the date of issuance of order of substantive appointment in the said cadre.
2007(1) LAW HERALD (SC) 101 SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Appeal (Civil) 5573 of 2006 (Arising Out…
Second Appeal–High Court should be slow in reversing finding of facts unless there are compelling reasons for doing so.
2007(1) LAW HERALD (SC) 97 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A. K. Mathur The Hon’ble Mr. Justice C. K. Thakker Appeal (Civil) 822 of…
Shared Household–Wife is only entitled to claim a right of residence, in a shared household and a ‘shared household’ would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member–The property belonging to her parents in laws cannot be called a shared household.
2007(1) LAW HERALD (SC) 93 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. 5837 of 2006…