Sec.36 and sec. 173 of Cr.P.C. – Whether the station officer alone has got right to submit final report under sec.173 (2) but not other superior officers ? Apex court held wrong and set aside this observation made by high court and distinguished the observation made by Apex court judgement M.C.Mehta (Taj Corridor Scam) v. … Continue reading
Sections 302 and 307 read with Section 34 of the Indian Penal Code (IPC) and under Sections 25 and 27 of the Arms Act – Duty of High court while reversing the acquittal judgement based on sound principles – not to be disturbed with out settling the issues on material aspects – Non- examination … Continue reading
Liability of directors under sec.141 – there must be specific pleadings against the accused to fasten liability under sec.138 of Negotiable Instruments Act High court quashed the complaint– Apex court confirm the same = Section 141 of the Act makes the Directors in charge and responsible to Company “for the … Continue reading
sec. 67 NDPS ACT and sec.25 of Evidence Act – whether the Officer are Police Officer and whether the officers can record a confessional statement from the Accused by force – due to conflict judgments- referred to larger bench. = In our view the aforesaid discussion necessitates a re-look into the ratio … Continue reading
Accident claim – Registration of FIR and filing of charge sheet is enough to prove the negligence of opposite party who caused an accident – acquittal of criminal case can not be considered – Non- examination of pillion rider is also not fatal – when investigation officer supported the case – Apex court set aside … Continue reading
No interest shoudl be awarded – On presentation of a suit on the point of Jurisdiction after return under Or. VII, rule 10 C.P.C., Court should not grant interest from the date of filing of suit in earlier court as it is not presented on transfer. Hence any decree granting interest from the date of … Continue reading
Criminal conspiracy = Non – examination of witness whether fatal ? How to prove criminal conspiracy = The essential ingredients of Criminal Conspiracy are (i) an agreement between two or more persons; (ii) agreement must relate to doing or causing to be done either (a) an … Continue reading
State Govt. is not competent to vary the remuneration fixed to the constitutional appointee ; Earlier judgment of same bench is binding on the later bench of same quorum; The earlier judgment may seem to be not correct yet it will have the binding effect on … Continue reading
Service matter – Section 59 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 the powers of chief commissioner = whether the Chief Commissioner has got the powers to order regularization of … Continue reading
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40706 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7279 OF 2013 (ARISING OUT OF SLP(C) NO.22265 OF 2007) BAL GOPAL MAHESHWARI & ORS. … APPELLANTS VERUS SANJEEV KUMAR GUPTA … RESPONDENT J U D G M E N T SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted. This … Continue reading