State of Himachal Pradesh Vs. Raj Kumar [SC 2018 JANUARY ]

KEYWORDS:-CONVICTION RESTORED- DATE:-January 8, 2018- Prosecution case is based on circumstantial evidence. It is well settled that in a case based on circumstantial evidence, the circumstances from which an inference of guilt is sought to be drawn must be cogently and frmly established and that those circumstances must be conclusive in nature unerringly pointing towards… Read More State of Himachal Pradesh Vs. Raj Kumar [SC 2018 JANUARY ]

Union Territory, Chandigarh Administration and Ors. Vs. Pradeep Kumar and Another [SC 2018 JANUARY]

KEYWORDS:-STANDAR OF PROOF- DATE:-January 08, 2018- While the standard of proof in a criminal case is the proof beyond all reasonable doubt, the proof in a departmental proceeding is preponderance of probabilities. Quite often criminal cases end in acquittal because witnesses turn hostile. Such acquittals are not acquittals on merit. An acquittal based on benefit… Read More Union Territory, Chandigarh Administration and Ors. Vs. Pradeep Kumar and Another [SC 2018 JANUARY]

Dineshbhai Chandubhai Patel Vs. State of Gujarat & Ors.[SC 2018 JANUARY]

KEYWORDS:-INHERENT POWER OF HIGH COURT- DATE:-January 5, 2018- Once the Court finds that the FIR does disclose prima facie commission of any cognizable offence, it should stay its hand and allow the investigating machinery to step in to initiate the probe to unearth the crime in accordance with the procedure prescribed in the Code. The… Read More Dineshbhai Chandubhai Patel Vs. State of Gujarat & Ors.[SC 2018 JANUARY]

National Kamgar Union Vs. Kran Rader Pvt. Ltd. Ors[SC 2018 JANUARY]

KEYWORDS:- INDUSTRIAL DISPUTE-ARTICLE 227- ARTICLE 136- It is the duty of the High Court while exercising the supervisory jurisdiction to see that the subordinate Court has exercised its powers in accordance with law and did not commit any illegality or perversity in reaching to its conclusion. While recording a finding, if it is noticed by the… Read More National Kamgar Union Vs. Kran Rader Pvt. Ltd. Ors[SC 2018 JANUARY]

M/s. Inox Wind Ltd. Vs. M/s. Thermocables Ltd [SC 2018 January]

KEYWORDS:-APPOINTMENT OF ARBITRATOR-STANDARD FORM OF CONTRACT- DATE:-January 05, 2018- Though general reference to an earlier contract is not sufficient for incorporation of an arbitration clause in the later contract, a general reference to a standard form would be enough for incorporation of the arbitration clause. The purchase order is a single contract and general reference… Read More M/s. Inox Wind Ltd. Vs. M/s. Thermocables Ltd [SC 2018 January]

Leena Vivek Masal Vs. State of Maharashtra & ANR.[SC 2018 January]

KEYWORDS:-issuing process-Article 136 – DATED:-January 5, 2018- The order issuing process against the appellants being purely interim in nature having been passed in exercise of its discretionary powers finding prima facie case to entertain the complaint filed by respondent No. 2, cannot be interfered with in our appellate jurisdiction under Article 136 of the Constitution.… Read More Leena Vivek Masal Vs. State of Maharashtra & ANR.[SC 2018 January]

Susme Builders Pvt. Ltd. Vs. Chief Executive Officer, Slum Rehabilitation Authority and Ors.[SC 2018 JANUARY]

KEYWORDS:-Slum-Compensation-Article 142 of the Constitution- DATE:-January 04, 2018- When a slum, owned by any authority or person, is handed over to the developer, in addition to rehabilitating the slum dwellers, the developer also has to compensate the owner. This is a case where the earlier Bench of this Court had invoked its power under Article… Read More Susme Builders Pvt. Ltd. Vs. Chief Executive Officer, Slum Rehabilitation Authority and Ors.[SC 2018 JANUARY]