Auction–Petition–Without drawing a final decree proceeding, the Court could not have put the property on auction sale Decree–Only a final decree could be put to execution.
2007(1) LAW HERALD (SC) 44 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Civil) 5721 of 2006…
Election Petition–Limitation–First part of Section 81, applies to a legislative assembly and second part applies to a legislative council.
2007(1) LAW HERALD (SC) 35 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.…
Murder–Acquittal–Great delay in conducting the test identification parade–Identification by child witnesses–Benefit of doubt given to accused.
2007(1) LAW HERALD (SC) 21 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Crl.) 1278-1279…
Accomplice–Evidence of an accomplice is admissible but should ordinarily be corroborated by same other evidence. Contraband–Confession made by accused under NDPS Act before an officer of department of revenue intelligence, may not be hit by Section 25 of Evidence Act. Contraband–Only evidence against the appellant was retracted statement of accused no. 1 and his own retracted confession–Benefit of doubt–Acquittal.
2007(1) LAW HERALD (SC) 17 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Crl.) 996 of 2006…
Election—Corrupt Practice—Seeking vote on basis of religion, race, caste, community or language—It is illegal and prohibited and would amount to corrupt practice.
2017(1) Law Herald (SC) 1 : 2017 LawHerald.Org 501 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice T.S. Thakur The Hon’ble Mr. Justice Adarsh Kumar Goel…
Motor Vehicles Act, 1988 – Section 140 – Compensation – Death of pedestrian knocked down by Jeep – Vehicle lost balance due to bursting of front tyre – Owner can be made vicariously liable.
(2001) 1 ACC 152 : (2001) ACJ 428 : AIR 2001 SC 485 : (2001) 1 JT 375 : (2001) 1 SCALE 1 : (2001) 2 SCC 9 : (2001)…
Juvenile–Murder–Benefit of Act–Plea not raised before Trial Court and High Court–Cannot be allowed at this late stage–Conviction upheld
2007(1) LAW HERALD (SC) 15 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Crl.) 985 of…
Second appeal–Jurisdiction of High Court is confined to appeals involving substantial question of law.
2007(1) LAW HERALD (SC) 12 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G. P. Mathur The Hon’ble Mr. Justice L. S. Panta Appeal (Civil) 5817 of…
Acquisition of Land–Interest of solatium–No separate claim necessary before High Court–Could be claimed even in state appeal. Acquisition of Land–Interest on solatium–When conditions are satisfied; the award of interest is consequential and involved only arithmetical calculation and not application of judicial mind.
2007(1) LAW HERALD (SC) 6 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B. P. Singh The Hon’ble Mr. Justice Altamas Kabir Appeal (Civil) 5785 of 2006…
Illegal Gratification–In the absence of proof of demand, the question raising the presumption would not arose. Sanction–Sanctioning authority did not apply their mind to entire material on record–Sanction is vitiated in law.
2007(1) LAW HERALD (SC) 1 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S. B. Sinha The Hon’ble Mr. Justice Markandeya Katju Appeal (Crl.) 970 of…