Causing disappearance of evidence—The ingredients to be established enumerated. Dowry Death—Mere presence of the father, in the house, is not sufficient to draw a presumption that he had the knowledge of commission of offence by his son.
2007(3) LAW HERALD (SC) 2555 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 1203 of…
Bail—Grant of—The reasons given in an order granting bail can only be understood as supporting an order granting bail with only the consequences that flow from it. The observations cannot control the decision to be taken after trial by the concerned court.
2007(3) LAW HERALD (SC) 2553 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K.G. Balakrishnan, Chief Justice The Hon’ble Mr. Justice P.K. Balasubramaniyan Criminal Appeal No.…
Bail–Anticipatory–The apprehension that the respondent is in a position to influence, induce or coerce witnesses to desist from furnishing relevant information to the investigating agency cannot be considered to be imaginary and the court ought to have considered that aspect seriously before granting anticipatory bail.
2007(3) LAW HERALD (SC) 2543 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice P.K. Balasubramaniyan Criminal Appeal No. 1065…
Succession–Right t to manage a temple and/or shebaitship can be a subject-matter of testamentary succession. Will being not a transfer, the bar contained in Section 6(d) of the Transfer of Property Act is not applicable
2007(3) LAW HERALD (SC) 2533 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. 6616 of…
Income Tax Act, 1961 – Section 28(iiid), 28(iiie), 80HHC, 80HHC(3) -Computation of the deduction – The principle of statutory interpretation of a taxing statute that a subject will be liable to tax and will be entitled to exemption from tax according to the strict language of the taxing statute
(2013) 262 CTR 275 : (2014) 360 ITR 93 : (2013) 217 TAXMAN 397 SUPREME COURT OF INDIA NISSAN EXPORT — Appellant Vs. COMMISSIONER OF INCOME TAX — Respondent…
Dismissal – Guilt regarding misappropriation admitted in writing- – Charge stood proved on admission – Punishment of dismissal upheld.
AIR 1996 SC 2359 : (1996) 1 JT 207 : (1996) 1 LLJ 811 : (1996) 1 SCALE 202 : (1996) 2 SCC 12 : (1996) 1 UJ 280…
Penal Code, 1860 (IPC) – Sections 300, 34 – Common intention – Murder – Appellant holding deceased while she was attacked by assailants – He neither released deceased nor tried to dissuade assailants from attacking – Appellant could be said to have shared the common intention of killing the deceased.
AIR 2003 SC 342 : (2003) CriLJ 473 : (2002) 9 JT 576 : (2002) 10 SCC 60 : (2003) 1 UJ 341 SUPREME COURT OF INDIA MAJOR SINGH…
Commission to nominate the arbitrator under Section 86 of Act of 2003 – Act of 2003 has provided for arbitration of disputes between licensees and generating companies by the Commission or its nominated arbitrator – Special law overrides the general law – Section 11 of the 1996 Act has no application on such dispute.
AIR 2008 SC 1921 : (2008) 2 ARBLR 1 : (2008) 1 CLT 841 : (2008) 2 CompLJ 357 : (2008) 4 CTC 539 : (2008) ELR 1 :…
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 (P&H) 643 (SC) : 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…
Motor Vehicles Act, 1988, S.166–Accident–Just Compensation- If overall award of compensation is just and fair, then, such award deserves to be upheld in claimants’ favour.
2017(1) Law Herald (P&H) 632 (SC) : 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…