Debt Recovery–Administrator of Specified undertaking of UTI are ‘financial institutions’ within the meaning of RDDBFI Act and their claim for recovery of debts before DRT is maintainable.
2007(1) LAW HERALD (SC) 78 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B. P. Singh The Hon’ble Mr. Justice Altamas Kabir Appeal (Civil) 5782 of 2006…
Condonation of delay–Varying stand for seeking condonation of delay of 62 days–Delay condoned on payment of costs.
2007(1) LAW HERALD (SC) 75 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H. K. Sema The Hon’ble Mr. Justice P. K. Balasubramanyan Appeal (Civil) 5693 of…
Custom–Custom has the effect of overriding law which is purely personal–It cannot prevail a statutory law, unless it is thereby saved expressly or by necessary implication.
2007(1) LAW HERALD (SC) 68 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice L. S. Panta Appeal (Civil) 5689 of…
Sentence–Concurrently running of–Section 427 Cr.PC. could not be applied in–Separate and independent proceedings by High Court.
2007(1) LAW HERALD (SC) 64 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Crl.) 1330 of…
Notification–Issuance of a fresh declaration under Section 6 of the Act after withdrawing the earlier one issued under Section 6 of the Act did not have the effect of rendering the notification under Section 4 ineffective and in fructuous. Reference–Plea of on authorised possession cannot be taken under Section 18 of the L.A. Act. Compensation–Assessment of compensation, does involve some rational guess work.
2007(1) LAW HERALD (SC) 57 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B. P. Singh The Hon’ble Mr. Justice Altamas Kabir Appeal (Civil) 1330 of 1997;…
Second Appeal–Section 100-A–Civil Procedure Code, does not have retrospective effect.
2007(1) LAW HERALD (SC) 50 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Civil) 5838 of 2006…
Auction–Petition–Without drawing a final decree proceeding, the Court could not have put the property on auction sale Decree–Only a final decree could be put to execution.
2007(1) LAW HERALD (SC) 44 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Civil) 5721 of 2006…
Election Petition–Limitation–First part of Section 81, applies to a legislative assembly and second part applies to a legislative council.
2007(1) LAW HERALD (SC) 35 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Y. K. Sabharwal The Hon’ble Mr. Justice C. K. Thakker The Hon’ble Mr.…
Murder–Acquittal–Great delay in conducting the test identification parade–Identification by child witnesses–Benefit of doubt given to accused.
2007(1) LAW HERALD (SC) 21 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Crl.) 1278-1279…
Accomplice–Evidence of an accomplice is admissible but should ordinarily be corroborated by same other evidence. Contraband–Confession made by accused under NDPS Act before an officer of department of revenue intelligence, may not be hit by Section 25 of Evidence Act. Contraband–Only evidence against the appellant was retracted statement of accused no. 1 and his own retracted confession–Benefit of doubt–Acquittal.
2007(1) LAW HERALD (SC) 17 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Crl.) 996 of 2006…