Specific Relief Act, 1963, S.34–Suit for Declaration-Suit for a mere declaration without relief of recovery of possession is not maintainable-The plaintiff, who was not in possession, had in the suit claimed only declaratory relief along with mandatory injunction-Plaintiff being out of possession, the relief of recovery of possession was a further relief which ought to have been claimed by the plaintiff.
2017(1) Law Herald (SC) 464 : 2017 LawHerald.Org 604 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Ranjan Gogoi The Hon’ble Mr. Justice Ashok Bhushan Civil Appeal…
Service Law–Seniority–Classification on the basis those who cleared test in time and those who cleared late though with permission—Held; when the Rules did not provide for creation of two classes between the employees working on one cadre; such a classification is not justified.
2017(1) Law Herald (SC) 458 : 2017 LawHerald.Org 607 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar The Hon’ble Mr. Justice Abhay Manohar Sapre Civil…
Indian Penal Code, 1860, S.302–Murder–Disclosure Statement-Joint Statement- -No evidence to show as to which particular article was recovered at whose instance pursuant to the joint statement made by the accused—However, appellant held guilty on the basis of other circumstantial evidence
2017(1) Law Herald (SC) 455 : 2017 LawHerald.Org 602 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. A. Bobde The Hon’ble Mr. Justice L. Nageswara Rao…
Quashment—Agreement to Sell—Non performance of contract—Dispute is of civil nature—FIR against seller quashed. Cheating—Mere failure to subsequently keep a promise, one cannot presume that he all along had a culpable intention to break the promise from the beginning. Non-Bailable Warrants—When to be issued—Explained.
2007(4) LAW HERALD (SC) 3288 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jutsitce R.V. Raveendran, CJI The Hon’ble Mr. Justice Dalveer Bhandari Criminal Appeal No. 1392…
Investigation–Investigating agency is not precluded from further investigation in respect of an offence in spite of forwarding a report under Sub-section (2) of Section 173 on a previous occasion.
2007(4) LAW HERALD (SC) 3281 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce S.H. Kapadia The Hon’ble Mr. Jusitce B. Sudershan Reddy Criminal Appeal Nos. 1327-1328 of…
Arbitral award–Execution of cross claim–The applications were in respect of two awards in the same arbitration case and as such the provisions of Rules 18 and 19 of Order XXI of C.P.C. are not applicable.
2007(4) LAW HERALD (SC) 3277 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 4737 of…
Will—Purchaser of a property belonging to the deceased testator should not be impleaded as a necessary party in a probate proceedings.
2007(4) LAW HERALD (SC) 3273 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4729 of…
Central Excises and Salt Act, 1944 – Section – 11-B, 11-B(1) – Refund of excise duty – Whether the claim for refund of excise duty made by the appellant was barred by limitation under Section 11-B
(1997) 94 ELT 445 : (1998) 7 JT 500 : (1997) 5 SCALE 629 : (1998) 9 SCC 172 SUPREME COURT OF INDIA EXECUTIVE ENGINEER, WORKSHOP DIVISION, M.P. ELECTRICITY…
As a result of accident, appellant suffered 26% disability of right lower limb, 25% disability due to urethral injury and 38% disability to whole body – Even though disability suffered by appellant is not 100%, his working capacity has been reduced to zero – Competent Court is entitled to award higher compensation to victim of accident – Amount of compensation enhanced to Rs. 8,37,640/-.
(2012) ACJ 191 : (2011) 13 JT 205 : (2012) 1 RCR(Civil) 509 : (2011) 12 SCALE 658 : (2012) 1 TAC 376 : (2012) 1 UJ 89 SUPREME…
Modvat credit – Learned counsel for the appellant pointed out a circular by which Modvat credit has been given on inputs like chemicals and resins, etc. used in the manufacture of sand moulds for subsequent production of iron castings. Learned counsel also pointed out that in respect of the same goods, in the Jamshedpur factory of the same assessee, this benefit has been given to the appellant – Appeal allowed.
(1998) 79 ECR 513 : (1997) 92 ELT 4 : (1998) 7 JT 474 : (1998) 9 SCC 176 SUPREME COURT OF INDIA TELCO LIMITED, PUNE — Appellant Vs.…