Dishonour of Cheque—Notice—Presumption of Service—When a notice is sent by registered post and is returned with a postal endorsement refused or not available in the house or house locked or shop closed or addressee not in station , due service has to be presumed.
2007(2) LAW HERALD (SC) 1903 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K.G. Balakrishnan, CJI The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr.…
Passing off—In the case of a passing off action the similarities rather than the dissimilarities have to be taken note of by the Court and the principle of phonetic “similarity” cannot be ignored.
2007(2) LAW HERALD (SC) 1898 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice H.S. Bedi Civil Appeal No.…
Allotment of petrol pump—Preference to be given to candidate belonging to the district in which the proposed dealership is advertised.
2007(2) LAW HERALD (SC) 1896 IN THE SUPREME COURT OF INDIA Before The Honb’le Mr. Justiec S. B. Sinha The Honb’le Mr. Justiec Markandey Katju Civil Appeal No. 7215 of…
Arbitrator—Appointment of—Whether an arbitration clause comes to an end, if the contract containing such arbitration agreement, was abrogated? NO.
2007(2) LAW HERALD (SC) 1892 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran Arbitration Petition No. 15 of 2006 National Agricultural Co-op. Marketing Federation…
Second Appeal–Substantial question of Law–Questions posed are prima facie substantial questions of law which need to be adjudicated.
2007(2) LAW HERALD (SC) 1888 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…
Held according to the test laid down by a seven Judge Bench in Bangalore Water Supply and Severage Board vs. A Rajappa and Others, (1978)2 SCC 213, the Telecom Department of Union of India is an ‘industry’ within that definition, because it is engaged in a commercial activity and the Department is not engaged in discharging any one of the sovereign functions of the State.
AIR 1998 SC 656 : (1997) 9 JT 234 : (1997) 7 SCALE 99 : (1997) 8 SCC 767 : (1998) SCC(L&S) 6 : (1997) 5 SCR 212 Supp…
Penal Code, 1860 (IPC) – Section 300 – Murder – Incident of firing – Ocular as well as medical evidence – Oral evidence not found at variance with medical evidence – Prosecution evidence pertaining to assault by fire arms substantially tallied with medical evidence – Inconsistency relating to distance from which gunshots were fired held to be inconsequential
(2008) 8 JT 411 : (2008) 10 SCALE 536 : (2009) AIRSCW 1752 SUPREME COURT OF INDIA SURAJ SINGH — Appellant Vs. STATE OF U.P. — Respondent ( Before…
Administration of Evacuee Property Act, 1950 – Section – 33, 27, 22, 54-It is not in dispute that no opportunity was granted to displaced person on 10.11.1982 and before passing of the order on 11.11.1982 – There was constructive res judicata, and there is no provision to move after 9 years for transfer of the kothi. It is significant that all previous orders which have relevance were suppressed – All previous orders which have relevance were suppressed – Appeal dismissed.
(2008) 8 JT 295 : (2008) 10 SCALE 551 : (2008) 12 SCC 306 SUPREME COURT OF INDIA BEHARI KUNJ SAHKARI AVAS SAMITI — Appellant Vs. STATE OF U.P.…
Interpretation of Statutes – Fiscal statute – Liberal interpretation – Subsidies granted by Government as incentive – The amount of subsidies should not be included in actual cost which expression should liberally be construed.
AIR 1994 SC 2727 : (1994) 121 CTR 201 : (1994) 210 ITR 830 : (1994) 6 JT 330 : (1994) 4 SCALE 337 : (1994) 3 SCC 535…
Evidence Act, 1872 – Section 112 – Hindu Marriage Act, 1955 – Section 13 – DNA test – Dispute as to paternity of child – Application filed by respondent-husband for DNA test of child allowed by High Court by impugned judgment – Presumption of legitimacy is a presumption of law
(2009) 2 DMC 644 : (2009) 13 JT 395 : (2010) 157 PLR 241 : (2009) 13 SCALE 400 : (2010) 1 SCC 85 SUPREME COURT OF INDIA RAMKANYA…