Partition–Appellants purchased property from other co-sharer; entitled to be impleaded as necessary party. Decree–Partition–Preliminary decree passed in the absence of necessary party cannot stand.
2007(1) LAW HERALD (SC) 617 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 262 of…
Retrenchment–Compensation–Principle of 26 working days for determining the compensation under Section 25F(b) of I.D. Act is not justified. Interpretation of Statute– Ordinary meaning of the words should not be departed from unless it can be shown that the legal context in which the words are used requires a different meaning.
2007(1) LAW HERALD (SC) 609 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 252 of 2007…
Service Law–Promotion–Once there has been a valid division of two regions, a distinct and separate seniority list of the employees was required to be maintained.
2007(1) LAW HERALD (SC) 607 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. 6449 of 2000…
Service Law–Promotion–Respondent promoted to the post of Headmaster, which was permissible at the relevant time, cannot be denied the benefit of promotion to the post of Principal Grade II, although they held the post of lecturer.
2007(1) LAW HERALD (SC) 605 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal Nos. 6401-6407 of 2000…
Suspension of Conviction–Section 389(1) Cr.P.C. confers power not only to suspend the execution of sentence and to grant bail but also to suspend the operation of the order appealed against which means the order of conviction.
2007(1) LAW HERALD (SC) 595 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No. 59 of…
Ancestral Property–Alienation–Legal necessity–Once it is found that the conveyance executed by karta & others is true under which the plaintiffs were put in possession and later on disposed, in such event, in suit of possession, the issue of legal necessity becomes irrelevant.
2007(1) LAW HERALD (SC) 588 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. 1584 of…
ervice Law–Determination of Rights of an employee–Where the rights had been determined in favour of some employees and attained finality in a duly constituted proceeding–Subsequent judgment taking contrary view would not adversely affect the applicants in whose cases the orders had attained finality.
2007(1) LAW HERALD (SC) 579 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. 322 of 2007…
Second Appeal–Substantial question of law–Second appeal–It is essential for the High Court to formulate a substantial question of law and it is not permissible to reverse the judgment of the first appellate Court without doing so.
2007(1) LAW HERALD (SC) 577 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. 301 of…
Accident–Third Party Insurance–Premium in respect of the entire risk of death or bodily injury of owner was not paid–Petition under Section 166 of the Motor Vehicles Act not maintainable.
2007(1) LAW HERALD (SC) 574 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. 280 of 2007…
Service Law–Pension–Delay and latches–If petition is filed beyond a reasonable period say three years normally the Court would reject the same or restrict the relief which could be granted to a reasonable period of about three years.
2007(1) LAW HERALD (SC) 570 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. 274 of…