Whether withdrawal of O.A. in terms of the first proviso to Section 19(1) of the DRT Act, 1993 is a condition precedent to taking recourse to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ? NO. Whether ad valorem Court fee prescribed under Rule 7 of the 1993 is payable on an application of the NPA Act in the absence of any rule framed under NPA Act ? Yes. Whether recourse to take possession of the secured assets of the borrower in terms of Section 13(4) of the NPA Act comprehends the power to take actual possession of the immovable property.
2007(1) LAW HERALD (SC) 927 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 3228 of…
Accident–Goods Carriage–Compulsory coverage in respect of drivers and conductors of public service vehicle and employees carried in goods vehicle would be limited to liability under the Workmen Compensation Act.
2007(1) LAW HERALD (SC) 923 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.860 of 2007…
Exparte Decree–Setting aside of–Merely because the learned counsel appearing for the defendants did not take proper care and caution that cannot be a ground to loose sight of the prejudice caused to the plaintiff/respondent.
2007(1) LAW HERALD (SC) 922 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dalveer Bhandari Civil Appeal No. 876 of…
Arbitrator–Dissolution of firm–One of the respondent was not party to arbitration clause–High Court rightly allowed the application for appointment of sole arbitrator for all the parties concerned.
2007(1) LAW HERALD (SC) 919 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice R.V. Raveendran Criminal Appeal No.814 of 2007 Vipin…
Dishonour of Cheque–Offence by Company–Director of company should not automatically be vicariously liable for commission of an offence–There should be sufficient averments to show that the person who is sought to be proceeded against on the premise of his being vicariously liable for commission of an offence by the Company must be incharge and shall also be responsible to the Company for the conduct of its business.
2007(1) LAW HERALD (SC) 909 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. 664 of 2002…
Rape–Accuseds were sexually obsessed youngsters–Death penalty awarded. Murder–Circumstantial Evidence–Onus is on the prosecution to prove that chain is complete–Circumstances to be proved; enumerated Death Penalty–Rarest of rare cases–Test to determine.
2007(1) LAW HERALD (SC) 900 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice Lokeshwar Singh Panta Criminal Appeal No. 202…
Agreement to sell–Written agreement–Part payment in cash–No receipt produced, nor there was recital of the same in registration document–Evidence to contradict the terms of written agreement, is not permissible.
2007(1) LAW HERALD (SC) 894 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.P. Singh The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 866 of 2007…
Evidence–Normal discrepancies–Do not corrode the credibility of case and they are always there, however honest and truthful a witness may be. Evidence–Falsity of particular material witness or material particular would not ruin it from the beginning to end.
2007(1) LAW HERALD (SC) 891 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arjit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 205…
Anticipatory Bail–Apprehension of arrest–Case was under investigation–Interim order restraining arrest–Order will amount to interference in the investigation–Cannot be done at any rate
2007(1) LAW HERALD (SC) 885 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Jusitce R.V. Raveendran Criminal Appeal No. 249…
Appeal to Supreme Court–Article 136 does not confer a right of appeal upon any party but merely vests a discretion in the Supreme Court to interfere in exceptional cases. Appeal–Under the Constitutional scheme, ordinarily the last Court in the country in ordinary cases was meant to be the High Court.
2007(1) LAW HERALD (SC) 881 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. 188 of…