Bhupinder Sharma Versus State of Himachal Pradesh [ALL SC 2003 October]

In order to exercise the discretion of reducing the sentence and statutory requirement is that the Court has to record ‘adequate and special reasons’ in the judgment and not fanciful reasons which would permit the Court to impose a sentence less than the prescribed minimum. The reason has not only to be adequate but special. What is adequate and special would depend upon several factors and no strait-jacket formula can be imposed.… Read More Bhupinder Sharma Versus State of Himachal Pradesh [ALL SC 2003 October]

Ameer Trading Corporation Ltd. Versus Shapoorji Data Processing Ltd [ALL SC 2003 SEPTEMBER]

KEYWORDS:-EVIDENCE BY AFFIDAVIT AIR 2004 SC 355 : (2003) 5 Suppl. SCR 634 : (2004) 1 SCC 702 : JT 2003 (9) SC 109 : (2003) 9 SCALE 713 (SUPREME COURT OF INDIA) Ameer Trading Corporation Ltd. Appellant Versus Shapoorji Data Processing Ltd. Respondent (Before : V. N. Khare, C.J.I., S. B. Sinha And Dr.… Read More Ameer Trading Corporation Ltd. Versus Shapoorji Data Processing Ltd [ALL SC 2003 SEPTEMBER]

Superintendent of Police, C.B.I. and others Vs Tapan Kr. Singh [ALL SC 2003 APRIL]

KEYWORD:- GD ENTRY-PUTTING WRONG SECTIONS BY POLICE IN FIR- The mentioning of a particular Section in the F.I.R. is not by itself conclusive as it is for the Court to frame charges having regard to the material on record. Even if a wrong Section is mentioned in the F.I.R., that does not prevent the Court… Read More Superintendent of Police, C.B.I. and others Vs Tapan Kr. Singh [ALL SC 2003 APRIL]

Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others[ALL SC 2003 DECEMBER]

KEYWORDS:- DATE:-03-12-2003 (2004) 10 SCC 578 (SUPREME COURT OF INDIA) Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others Respondent (Before : Brijesh Kumar and Arun Kumar, JJ.) Decided On: 03-12-2003 Calcutta thika tenancy (Acquisition and Regulation) Act, 1981—Sections 5 and 19. ORDER 1. This appeal is preferred against the order… Read More Ashok Kumar Mandal Appellant Versus Rabindra Nath Banerjee (D) by LRs. and Others[ALL SC 2003 DECEMBER]

State, through Special Cell, New Delhi  Versus Navjot Sandhu @ Afshan Guru and ors[SC 2003 MAY]

Keywords : power of superintendence The powers under Article 227 are wide and can be used, meet the ends of justice. They can be used interfere even with an interlocury order. (SUPREME COURT OF INDIA) State, through Special Cell, New Delhi  Versus Navjot Sandhu @ Afshan Guru and ors (Before : S. N. Variava and Brijesh Kumar, JJ.)… Read More State, through Special Cell, New Delhi  Versus Navjot Sandhu @ Afshan Guru and ors[SC 2003 MAY]

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