National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

KEYWORDS:- SIT- WITNESS PROTECTION -FAIR TRIAL- COURT DIRECTIONS : (a) Ensuring safe passage for the witnesses to and from the court precincts. (b) Providing security to the witnesses in their place of residence wherever considered necessary, and (c) Relocation of witnesses to another state wherever such a step is necessary. IN THE SUPREME COURT OF… Read More National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

Aviral Bhatla Vs Bhawana Bhatla[ALL SC 2009 FEBRUARY]

KEYWORDS:- DOMESTIC VIOLENCE-SETTLEMENT DATE:-18-02-2009 AIR 2009 SCW 6622 : (2009) 3 SCALE 120 : (2009) 3 SCC 448 (SUPREME COURT OF INDIA) Aviral Bhatla Appellant Versus Bhawana Bhatla Respondent (Before : Arijit Pasayat And Asok Kumar Ganguly, JJ.) Transfer Petn. (Civil) Nos. 431 with 1052 of 2008, Decided on : 18-02-2009. Hindu Marriage Act, 1955—Sections… Read More Aviral Bhatla Vs Bhawana Bhatla[ALL SC 2009 FEBRUARY]

Malay Kumar Ganguly vs Sukumar Mukherjee & Ors [ALL SC 2009 AUGUST]

KEYWORDS:- MEDICAL NEGLIGENCE-mandatory compensation-doctrine of the cumulative effect- DATE: 7 August, 2009 The doctrine of cumulative effect is not available in criminal law- “for the death of Anuradha although Dr. Mukherjee, Dr. Halder, Dr. Abani Roy Chowdhury, AMRI, Dr. B. Prasad were negligent, the extent thereof and keeping in view our observations made hereinbefore, it… Read More Malay Kumar Ganguly vs Sukumar Mukherjee & Ors [ALL SC 2009 AUGUST]

D.D.A. Appellant Versus Mahender Singh and Another[ALL SC 2009 MARCH]

KEYWORDS:- COMMON LAW PRINCIPLES- INTEREST DATE:-20-03-2009- “As the Act is a self-contained Code, common law principles of justice, equity and good conscience cannot be extended in awarding interest, contrary to or beyond provisions of the statute”. AIR 2009 SC 3270 : (2009) 4 SCR 788 : (2009) 5 SCC 339 : JT 2009 (4) SC… Read More D.D.A. Appellant Versus Mahender Singh and Another[ALL SC 2009 MARCH]

Bhairon Singh Vs State of MADHYA PRADESH[ALL SC 2009 MAY]

KEYWORDS:-ADMISSION- ADMISSIBILITY OF HEARSAY EVIDENCE-Rule of res gestae DATE:-29-05-2009- Whether the statements attributed to the deceased could be used as evidence for entering upon a finding that the accused subjected ‘X’ to cruelty as contemplated under Section 498-A, IPC. AIR 2009 SC 2603 : (2009) 9 SCR 875 : (2009) 13 SCC 80 : JT… Read More Bhairon Singh Vs State of MADHYA PRADESH[ALL SC 2009 MAY]

Reeta NagVersus State of West Benga[SC 2009 August]

Keywords: Reinvestigation, Further investigation, once a charge-sheet is filed under Section 173(2) Cr.P.C. and either charge is framed or the accused are discharged, the Magistrate may, on the basis of a protest petition, take cognizance of the offence complained of or on the application made by the investigating authorities permit further investigation under Section 173(8).… Read More Reeta NagVersus State of West Benga[SC 2009 August]

Ajoy Kumar Ghose Vs State of Jharkhand and Another Respondent[SC 2009]

Keywords:- Difference between Proceeding instituted on Police report and Proceeding instituted otherwise than police report In the warrant trial instituted otherwise than the police report, the complainant gets two opportunities to lead evidence, firstly, before the charge is framed and secondly, after the charge. Criminal Procedure Code, 1973—Sections 244, 245 and 246—Discharge—Magistrate has power to… Read More Ajoy Kumar Ghose Vs State of Jharkhand and Another Respondent[SC 2009]

Vishwanath Bapurao Sabale Versus Shalinibai Nagappa Sabale AND OTHERS[SC-2009]

Keywords:-Adverse possession the possession of the adverse possessor must be hostile enough to give rise to a reasonable notice and opportunity to the paper-owner. for claiming title by adverse possession, it was necessary for the plaintiff to plead and prove animus possidendi. A peaceful, open and continuous possession being the ingredients of the principle of… Read More Vishwanath Bapurao Sabale Versus Shalinibai Nagappa Sabale AND OTHERS[SC-2009]

L. N. Aswathama and another Vs P. Prakash [SC-2009]

Keywords:-Adverse Possession-possession follows title-Title by Prescription Possession follows title. The plaintiffs having established title to the suit property, will be entitled to decree for possession, unless their right to the suit property was extinguished, by reason of defendant being in adverse possession for a period of twelve years prior to the suit. To establish a… Read More L. N. Aswathama and another Vs P. Prakash [SC-2009]

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