Mayur Panabhai Shah Appellant Versus State of Gujarat[SC 1982 January]

Keywords: Medical Evidence Evidence Act, 1872—Section 45—Expert evidence—Medical evidence—Presumption of truthfulness—Where a Doctor has deposed in the Court, his evidence has to be appreciated like any other witness—There is no irrebuttable presumption that a Doctor is always witness of truth. AIR 1983 SC 66 : (1982) 2 SCC 396 : (1982) 1 SCALE 523 :… Read More Mayur Panabhai Shah Appellant Versus State of Gujarat[SC 1982 January]

State of West Bengal and others Versus Swapan Kumar Guha and others[SC 1982 February]

Whether an offence has been disclosed or not must necessarily depend on the facts and circumstances of each particular case. In considering whether an offence into which an investigation is made or to be made, is disclosed or not, the Court has mainly to take into consideration the complaint or the F.I.R. and the Court… Read More State of West Bengal and others Versus Swapan Kumar Guha and others[SC 1982 February]

D. S. Nakara and others vs Union of India[ALL SC 1982 DECEMBER]

KEYWORDS:-PENSION SCHEME- UNREASONABLE CLASSIFICATION- DATE :-17-12-1982 Any member of the public having sufficient interest can maintain an action for such judicial redress for public injury arising from a breach of public duty. With the expanding horizons of socio-economic justice, the socialist Republic and welfare State which we endeavour to set up and largely influenced by… Read More D. S. Nakara and others vs Union of India[ALL SC 1982 DECEMBER]

STATE OF HARYANA Vs. RAMA DIYA [All SC 1990 APRIL]

According to Section 433(A) that a prisoner who has been sentenced to death and whose death sentence has been commuted into one of imprisonment for life and persons who have been sentenced to imprisonment for life for an offence for which death is one of the punishments provided by law should undergo actual imprisonment of 14 years in Jail. We are referring to Section 433(A) in this judgment only for a limited purpose of showing that after the introduction of this section, the life convicts falling within the purview of Section 433(A) has to undergo the mandatory minimum 14 years of actual imprisonment. It may be mentioned at this juncture that no one has got a vested right to claim premature release on the ground that he has suffered the minimum actual imprisonment as prescribed under Section 433(A) because a sentence of ‘imprisonment for life’ is incarceration until death, that is, for the remaining period of convicted prison’s actual life… Read More STATE OF HARYANA Vs. RAMA DIYA [All SC 1990 APRIL]

It is settled legal position that court is to respond only to issue agitated before it and in case at the time of hearing issue was not taken the court cannot deal with it-SC

(2010) 96 AIC 241 : (2011) AIR(SC)Civil 53 : (2010) 6 ALLMR(SC) 949 : (2011) 2 AllWC 1592 : (2010) 83 ALR 709 : (2010) 3 ARC 632 : (2011) 2 ICC 684 : (2011) 1 RCR(Rent) 190 : (2011) 2 RecentApexJudgments(RAJ) 98 : (2011) 1 RentLR 315 : (2010) 11 SCALE 302 : (2010)… Read More It is settled legal position that court is to respond only to issue agitated before it and in case at the time of hearing issue was not taken the court cannot deal with it-SC

What to do if a Judge recorded wrong submission and something not submitted at all-SC

That is the only way to have the record corrected. If no such step is taken, the matter must necessarily end there. of course a party may resile and an Appellate Court may permit him in rare and appropriate cases to resile from a concession on the ground that the concession was made on a wrong appreciation of the law and had led to gross injustice; but, he may not call in question the very fact of making the concession as recorded in the judgment… Read More What to do if a Judge recorded wrong submission and something not submitted at all-SC

V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

We are of the view that aforesaid directions are not consistent with the law laid down by the larger Bench in Mathew (supra). In Mathew (supra), the direction for consulting the opinion of another doctor before proceeding with criminal investigation was confined only in cases of criminal complaint and not in respect of cases before the Consumer Forum. The reason why the larger Bench in Mathew (supra) did not equate the two is obvious in view of the jurisprudential and conceptual difference between cases of negligence in civil and criminal matter. This has been elaborately discussed in Mathew (supra). This distinction has been accepted in the judgment of this Court in Malay Kumar Ganguly (supra) (See paras 133 and 180 at pages 274 and 284 of the report).… Read More V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

A decree obtained by fraud cannot be used as a res judicata and the same can be challenged by a separate Suit-SC

The judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.… Read More A decree obtained by fraud cannot be used as a res judicata and the same can be challenged by a separate Suit-SC