Limitation Act, 1963 – Article 137 – Limitation – Suit for distribution of property – Limitation of three years commences when right to apply accrues – Last communication made on 29-9-1989 – Suit filed on 8-5-1992 within time.
AIR 2006 SC 2488 : (2006) 2 ARBLR 1 : (2006) 2 CTC 597 : (2006) 4 JT 251 : (2006) 4 SCALE 74 : (2006) 4 SCC 658…
Motor Vehicles Act, 1988 – Sections 200, 113, 114 read with Section 194 – Composition of offences – Carriage of load beyond permissible limits – Power to compound offence vests with State Government – Notification issued in that regard cannot authorise continuation of offence permitted to be compounded by payment of amount fixed
AIR 2006 SC 440 : (2005) 10 JT 238 : (2005) 9 SCALE 238 : (2005) 12 SCC 642 : (2006) 1 UJ 27 : (2005) AIRSCW 6097 :…
Constitution of India, 1950 – Article – 19(1)(g) – Removal from the priority
(1996) 5 SCALE 199 : (1996) 10 SCC 94 : (1996) 2 SCR 850 Supp SUPREME COURT OF INDIA UNION OF INDIA (UOI) AND OTHERS — Appellant Vs. SHARMA…
Family Settlement—Family settlement could only be if one has lawful right over the property and then alone family settlement could be executed.
2007(4) LAW HERALD (SC) 3028 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. 4361 of…
Murder–Unlawful assmbly–Lady was done to death brutally by a large number of persons, after tying her with a wooden pole–‘Actual role’ played by each of the Accused/appellant–Witnesses’ failure to prove immaterial.
2007(4) LAW HERALD (SC) 3017 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. 1344 of…
Dowry Death–Expression soon before death–If alleged incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium of the woman concerned, it would be of no consequence.
2007(4) LAW HERALD (SC) 3010 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 11 of…
Appeal against acquittal—In the event, High Court intended to arrive at a finding different from the one arrived at by the Trial Court, it was obligatory on its part to analyze the materials on record independently.
2007(4) LAW HERALD (SC) 3005 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 988…
Dowry Death—Circumstantial Evidence proved guilt of accused—Conviction altered for murder to that for dowry death.
2007(4) LAW HERALD (SC) 2999 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice P. Sathasivam Criminal Appeal No. 243 of…
Arbitrator–Appointment of—It cannot be laid as an abstract proposition that whenever the contracted work is completed, all the rights and obligations of the parties under the contract, ipso facto, come to an end and the arbitration agreement also perishes with the contract.
2007(4) LAW HERALD (SC) 2993 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice D.K. Jain Arbitration Petition 17 of 2006 DHV BV v. Tahal Consulting Engineers Ltd.…
Cheating—Commercial Transaction—Non supply of Sales Tax Form—Not an offence under IPC—Remedy under the relevant statute.
2007(4) LAW HERALD (SC) 2989 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1250…