Eviction—The order of eviction could not been passed in a summary way without adjudicating the question whether the tenant had any defence available.
2007(2) LAW HERALD (SC) 1026 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 895…
Common Carrier—Non delivery of consignment—No liability to pay freight charges—Entire cost of consignment to be paid by carrier.
2007(2) LAW HERALD (SC) 1020 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R. V. Raveendran Civil Appeal No. 3096…
Service Law—Departmental proceeding is quasi criminal in nature. Service Law—Absence from duty—Dismissal from service—In case of habitual absence, a punishment of dismissal of service is just.
2007(2) LAW HERALD (SC) 1014 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. 928 of…
Adverse Possession— Adverse possession or ouster is an inference to be drawn from the facts proved. Adverse Possession—He has to plead the period and the date from which he claims to be in possession—He has to show a hostile title to the real owner of land.
2007(2) LAW HERALD (SC) 1006 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S. H. Kapadia Civil Appeal No.…
Revisional Jurisdiction—Finding of fact not to be interfered by High Court in exercise of its revisional jurisdiction.
2007(2) LAW HERALD (SC) 999 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. 920 of…
First Information Report—There is no hard and fast rule that the FIR must always contain the names of all persons who were involved in the commission of an offence.
2007(2) LAW HERALD (SC) 996 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. AR. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Special Leave Petition (Criminal)…
Banking Law—Loan recovery—Recovery of loans or seizure of vehicles could be done only through legal means — Banks cannot employ goondas to take possession by force—Reason and Suggestions enumerated.
2007(2) LAW HERALD (SC) 986 IN THE SUPREME COURT OF INDIA Before The Hon’ble Justice A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Criminal Appeal No. 267 of 2007…
Dishonour of Cheque–Liability of Directors–To launch a prosecution against the Directors there must be a specific allegation in the complaint as to the part played by them in the transaction.
2007(2) LAW HERALD (SC) 982 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal Nos. 83-85…
Rape—By government teacher on his student outside school premises—Section 376-B IPC not attracted.
2007(2) LAW HERALD (SC) 979 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. 293…
Disclosure Statement—The Court must ensure the credibility of evidence by police because this provision is vulnerable to abuse. Disclosure Statement—Cannot be discarded only on the ground that it was made to a police officer during investigation. Circumstantial Evidence—Inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused
2007(2) LAW HERALD (SC) 968 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 311…