Death Sentence–Accused a person of notorious character–Killed his wife and four children–Plea of drunkenness can never be an excuse for the brutal, diabolic acts of accused–Case squarely falls under the rarest and rare category” to warrant death sentence.
2007(1) LAW HERALD (SC) 463 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 1302 of 2006…
Cruelty–Inference–Where there is a proof of a deliberate course of conduct on the part of one, intended to hurt and humiliate the other spouse, and such a conduct is persisted, cruelty can easily be inferred–Neither actual nor presumed intention to hurt the other spouse is a necessary element in cruelty.
2007(1) LAW HERALD (SC) 456 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice A.K. Mathur Civil Appeal No. 5779 of 2006…
Mohammedan Law–Wakf or Trust–The question whether a particular endowment amounts to a wakf under the Mohammedan Law or to a Trust as recognized by modern jurisprudent, will have to be decided primarily on a true construction of the document establishing the charity.
2007(1) LAW HERALD (SC) 447 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal Nos. 3023-3024 of 2000…
Labour Law–‘Gainful employment’–Income from agricultural pursuits to maintain himself–Employee is treated to be engaged in “gainful employment”
2007(1) LAW HERALD (SC) 443 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. AR. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 129 of…
Service Law—Petitioner re-appointed from regular pay scale to consolidated salary on different occasion as stop-gap arrangement–Not entitled for regularization of service
2007(1) LAW HERALD (SC) 440 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. 130 of…
Service Law–Parallel proceedings–Departmental Enquiry and Criminal Proceedings–There would be no bar to proceed simultaneously with departmental enquiry and trial of a criminal case unless the charge in the criminal trial is of grave nature involving complicated question of fact and law.
2007(1) LAW HERALD (SC) 433 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar…
Service Law —‘Scaling system’ for recruitment of Civil Judge (Junior Division)—Clearly demonstrate the arbitrariness and irrationality of scaling—Scaling system is unsuited for the Civil Judge (Junior Division) Examination—Position summarized. Contention that a writ petition under Article 32 is barred or not maintainable with reference to an issue which is the subject-matter of an earlier decision, is rejected.
2007(1) LAW HERALD (SC) 405 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice Y.K. Sabharwal The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice R.V.…
Arbitration agreement—Conduct of the parties—Parties accepted that there was an arbitration agreement & proceeded on that basis
2007(1) LAW HERALD (SC) 401 IN THE SUPREME COURT OF INDIA Before Hon’ble Dr. Arijit Pasayat The Hon’ble Mr. Justice S. H. Kapadia Civil Appeal No. 149 of 2007 Krishna…
Service Law—All High Court employees without exception, should receive a higher pay than their counter-parts in the State, in the absence of any general or special reasons Service Law— Pay and allowances of High Court employees; power to make rules in that regard is vested with the Chief Justice, subject to any law made by the Parliament—Requirement of approval from State is not a mere formality
2007(1) LAW HERALD (SC) 385 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan The Hon’ble Mr. Justice G. P. Mathur The Hon’ble Mr.…
Service Law—Contract labourers and Causal workers— Regularization cannot be granted even they have worked for a long period.
2007(1) LAW HERALD (SC) 383 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. 96 of 2007…