Acquittal — Acquittal of guilty is not less than from the conviction of an innocent Appeal against Acquittal—Two views —The view which is favourable to the accused is to be adopted.
2007(1) LAW HERALD (SC) 369 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 39 of…
Criminal Misc. Application—It should be clearly stated as to whether any earlier petition had been filed or pending on the same cause of action—High Court to make provision in rules
2007(1) LAW HERALD (SC) 367 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 34…
Service Law—Award Staff—Respondent retired as award staff is not entitled to the grant of pension
2007(1) LAW HERALD (SC) 360 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Lokeshwar Singh Panta Appeal (civil) 5503 of 2003…
Mortgage Sale—Mortgaged property could not be sold in execution without an attachment. Mortgage Sale—It is not possible to come to the conclusion that the suit to enforce the equitable mortgage is hit by Order 2 Rule 2 of the Code in view of the earlier suit for recovery of the mid term loan, especially in the context of Order 34 Rule 14 of the Code.
2007(1) LAW HERALD (SC) 353 IN THE Supreme Court of India Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramaniyan Appeal (civil) 175 of 2007 (Arising…
Appeal from conviction–The powers conferred by Section 386(b)(i) Cr.P.C. cannot be exercised for the purpose of reversing an order of acquittal passed in favour of a party in respect of an offence charged, in dealing with an appeal preferred by him against the order of conviction in respect of another offence charged and found proved.
2007(1) LAW HERALD (SC) 346 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice R.V. Raveendaran Criminal Appeal No. 1613 of 2005…
Unlawful assembly–Not necessary that each one should be assigned independent part played in the beating–All who were members of the unlawful assembly can be held liable.
2007(1) LAW HERALD (SC) 344 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice A.K. Mathur Criminal Appeal No. 1165 of 2005…
Pollution–As per new master plan units falls within residential area–Master plan not notified as yet–Effect there of cannot be considered now.
2007(1) LAW HERALD (SC) 342 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. 1054 of…
Compensation–Award of compensation in a proceeding under Article 32 or 226 of the Constitution is a remedy available in “public law” based on strict liability for contravention of fundamental right to which the principle of sovereign immunity does not apply.
2007(1) LAW HERALD (SC) 329 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. Justice R.V. Raveendaran…
Murder–Undue advantage–For the application of Section 300 Exception 4, it is not sufficient to show that there was a sudden quarrel and there was no premeditation. It must further be shown that the offender has not taken undue advantage or acted in cruel or unusual manner. Murder–Sudden fight–To bring a case within Exception 4 all the ingredients mentioned in it must be found.
2007(1) LAW HERALD (SC) 325 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 21 of…
Accident–Compensation–While parents are the claimants, the age of the claimants would determine the multiplier to be adopted–Age of deceased is not relevant.
2007(1) LAW HERALD (SC) 322 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. 5823 of…