Arbitration—High Court cannot act like an appellate Court and virtually treat as if the appeal arose directly against the award and then proceed to examine all factual findings of the arbitrator by appreciating the evidence.
2016(5) Law Herald (P&H) 3935 (SC) : 2016 LawHerald.Org 1804 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chalameswar The Hon’ble Mr. Justice Abhay Manohar…
Indian Penal Code, 1860, S.302–Murder–Fixed period of sentence-High court is empowered to impose a fixed term sentence—Contention that when IPC provides for only two punishments i.e. imprisonments for life or death, the court cannot introduce a third category of punishment, rejected
2016(5) Law Herald (P&H) 3885 (SC) : 2016 LawHerald.Org 1920 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice C. Nagappan Criminal…
Indian Penal Code, 1860, S.302–Murder–Last Seen Together-Accused left with deceased from his house in afternoon—When next morning wife of deceased met the accused, he misled her by saying that she should go to Police Station in search of her husband
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…
Obscene Pictures—Appellant who has been discharged under Section 67 of the IT Act cannot be proceeded under Section 292 IPC.
2017(1) Law Herald (SC) 443 : 2016 LawHerald.Org 2502 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Praffula C. Pant Criminal…
Motor Vehicles Act, 1988, S.166–Accident–Just Compensation– I f overall award of compensation is just and fair, then, such award deserves to be upheld in claimants’ favour.
2017(1) Law Herald (SC) 440 : 2017 LawHerald.Org 589 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chelameswar The Hon’ble Mr. Justice Abhay Manohar Sapre Civil…
Constitution of India, 1950, Article 21–Speedy Disposal-Huge back log of cases-Inadequate Judge strength is the “root cause” of the problem-ln furtherance of earlier reforms following directions issued to the National Court Management System Committee (NCMSE)
2017{1) Law Herald (SC) 427 : 2017 LawHerald.Org 587 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice D.Y. Chandrachud The…
Additional Evidence at Appellant Stage—Having impleaded the appellants as parties in the first appeal, in terms of Order 41 Rule 27, the High Court ought to have afforded an opportunity to the appellants to adduce oral and documentary evidence and make their submissions
2017(1) Law Herald (SC) 420 : 2016 LawHerald.Qrg 2527 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr Justice R.K, Agrawal The Hon’ble Mrs, Justice R. Banumathi CM! Appeal…
Punishment – Quantum of–Industrial Tribunal and Labour Court must give reason in support thereof and mere use of words ‘Disproportionate’ or “grossly disproportionate’ is not sufficient.
2007(4) LAW HERALD (SC) 3222 IN THE SUPREME COURT OF INDIA Before The Hon’ble Dr. Justice Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 892…
Rent Law–Judicial Review–Fixation of rent is an administrative function and the court cannot sit as a Court of appeal over administration decisions.
2007(4) LAW HERALD (SC) 3219 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. 2426-2428 of 2000…
Employee–High Court while dealing with the appeals under Section 82(2) of the Act is required to analyse the factual position to see whether the definition of employee in terms of Section 2(9) of the Act applies to the facts of the case.
2007(4) LAW HERALD (SC) 3216 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. 702-709 of 2001…