Eviction–Subletting–Private Limited Company–Merely by holding a large number of shares is not sufficient but something more is required to prove that wife of deceased original tenant is actually controlling and managing the business herself.
2007(3) LAW HERALD (SC) 2628 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 1386 of…
Restoration of suit—A simple prayer for bringing the legal representatives on record without specifically praying for setting aside of an abatement may in substance be construed as a prayer for setting aside the abatement.
2007(3) LAW HERALD (SC) 2624 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 3807 of…
Res judicata–It is not necessary that all the parties to the two litigations must be common. All that is necessary is that the issue should be between the same parties or between parties under whom they or any of them claim.
2007(3) LAW HERALD (SC) 2617 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 3907 of…
Bail—Grant of—Factors to be considered; enumerated.
2007(3) LAW HERALD (SC) 2613 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 1122…
Certificate showing date of birth issued by Principal was not on record either before trial Court or High Court – Plea that accused-appellant was less than 21 years of age on date of commission of offence – Cannot be permitted to be raised for first time before Supreme Court.
AIR 2008 SC 1120 : (2008) CriLJ 1604 : (2008) 2 CTC 76 : (2008) 1 JT 669 : (2008) 2 SCALE 101 : (2008) 3 SCC 111 :…
No prior knowledge – Application for setting aside abatement with condonation of delay filed thereafter – Held that application should have been allowed.
AIR 2008 SC 1202 : (2008) 3 JT 443 : (2008) 2 SCALE 97 : (2008) 13 SCC 241 : (2008) AIRSCW 1175 : (2008) 1 Supreme 738 SUPREME COURT…
Partnership Act, 1932 – Sections 2, 18, 19, 22 and 28 – Order to provide security – Defendants disputing the liability as partners of the firm – Disputed amount paid to the firm by cheque which was credited in the account of firm – Even under the Partnership Act prima facie the plaintiff could enforce his claim not only as against the firm but also as against its partners
AIR 2008 SC 1170 : (2008) 1 CLT 205 : (2008) 1 JT 666 : (2008) 151 PLR 637 : (2008) 2 SCALE 119 : (2008) 2 SCC 724…
Conclusion arrived at by Additional Sessions Judge that there was no demand for any dowry by in-laws and an attempt was made to rope in many persons – Same found to be a well reasoned order – Setting aside of said order by High Court on presumptuous conclusions without recording reason – Not proper.
AIR 2008 SC 1294 : (2008) CriLJ 1941 : (2008) 1 DMC 384 : (2008) 1 JT 652 : (2008) 149 PLR 275 : (2008) 2 SCALE 133 :…
Application for cross-examination of the complainant after the evidence of complainant was closed, still pending – Dismissal of complainant due to his absence – Her presence was not absolutely necessary as matter was fixed for defence evidence
AIR 2008 SC 1296 : (2008) CriLJ 1943 : (2008) 2 JT 345 : (2008) 2 SCALE 451 : (2008) 4 SCC 67 : (2008) AIRSCW 1346 SUPREME COURT…
Appeal from jail – Duty of Authorities and powers of Supreme Court – Such appeal need to be urgently placed before Court – Records of case should not be called for by Registrar in routine manner.
AIR 2007 SC 1 : (2007) CLT 491 Supp : (2007) CriLJ 29 : (2006) 10 SCALE 510 : (2006) 11 SCC 174 : (2006) 7 SCR 905 Supp…