Second Appeal–Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion.
2007(2) LAW HERALD (SC) 1377 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…
Rape–Compromise between parties–Offence not compoundable.
2007(2) LAW HERALD (SC) 1373 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 554…
Allotment of Housing plot by Chandigarh Housing Board cannot be cancelled on the ground that allottee had already obtained a housing plot through a registered cooperative society.
2007(2) LAW HERALD (SC) 1366 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. 7171…
Arbitrator–Jurisdiction of–An arbitrator derives his authority from the contract and if he acts in disregard of the contract, he acts without jurisdiction.
2007(2) LAW HERALD (SC) 1360 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 1874 of…
Right to private defence—Injuries sustained by accused—Non-explanation of by prosecution—Effect of—Law as per precedents, Summed up. Right to private defence—When available—Law as per precedents, Summed up.
2007(2) LAW HERALD (SC) 1351 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No. 262…
Restoration of Suit— Mere fact that the appeal was dismissed on merits could not have been a ground to refuse restoration.
2007(2) LAW HERALD (SC) 1350 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No.…
Accident—Compensation—Entitlement to—Legal Representative— Even if there is no loss of dependency the claimant if he or she is a legal representative will be entitled to compensation, the quantum of which shall be not less than the liability flowing from Section 140 of the Act.
2007(2) LAW HERALD (SC) 1345 IN THE SUPREME COURT OF INDIA Before The Hon’ble Dr. Justice Arijit Pasayat Civil Appeal No. 1702 of 2007 Smt. Manjuri Bera v. The Oriental…
Contempt—Delay in compiling with orders of Supreme Court due to administrative delay—Unconditional apology accepted.
2007(2) LAW HERALD (SC) 1343 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. A.R. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 2791-2793 of…
Marumakkathayam system inheritance is traced through a female member – A Tavazhi cannot be continued by male member alone – In absence of female member, Tavazhi must come to an end with no chance of female member to continue the line
AIR 2006 SC 1941 : (2006) 4 JT 370 : (2006) 4 SCALE 130 : (2006) 4 SCC 399 : (2006) 1 UJ 483 : (2006) AIRSCW 2290 :…
Writ – Mandamus – Normally the Court will not interfere with the Administrative policy of the Government – But, when such policy violates some provisions of the Constitution such as Article 14, the Court will step in to set right
AIR 1998 SC 137 : (1997) 8 JT 440 : (1997) 6 SCALE 413 : (1997) 11 SCC 670 : (1998) SCC(L&S) 451 : (1997) 2 UJ 802 SUPREME…