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PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     10 October 2010

SUPREME COURT OF INDIA-THIS WEEK UPDATES

 

 

SUPREME COURT OF INDIA


Absconding for long time - By itself does not establish guilt - Abscondance by a person against whom FIR has been lodged, having an apprehension of being apprehended by the police, cannot be said to be unnatural. 2010(3) Apex Court Judgments 210 (S.C.)

Accident - Compensation - S.140 of M.V. Act is intended to provide immediate succour to the injured or the heirs and legal representatives of the deceased - Claim is made at the threshold - In case claim u/s 140 of the Act was not made at the beginning of the proceedings due to the ignorance of claimant or over-sight of Tribunal the door is not permanently closed. 2010(3) Apex Court Judgments 300 (S.C.)

Accident - No fault compensation - Claimants are entitled to no fault compensation u/s 140 of MV Act . 2010(3) Apex Court Judgments 300 (S.C.)

Accident claim petition - Issue of maintainability of petition - Cannot be decided as preliminary issue - All issues in one go be decided. 2010(3) Apex Court Judgments 323 (S.C.)

Administrative Tribunals - Jurisdiction - Cannot delegate its jurisdiction to extra constitutional authorities - Tribunals cannot send original applications filed before them to the Executive Authorities for their disposal. 2010(3) Apex Court Judgments 279 (S.C.)

Criminal trial - Investigation not fair - High Court cannot seek report of DGP that investigation was fair - It is for the Court to decide the question of fairness of investigation. 2010(3) Apex Court Judgments 202 (S.C.)

Date of birth - Proof - If a person wants to rely on a particular date of birth and wants to press a document in service, he has to prove its authenticity in terms of S.32(5) of Evidence Act by examining the person having special means of knowledge, authenticity of date, time etc. mentioned therein. 2010(3) Apex Court Judgments 196 (S.C.)

Dying Declaration - Record by Magistrate not in tune with medical evidence - Other one recorded by ASI in tune with medical evidence - Dying declaration of ASI relied upon. 2010(3) Apex Court Judgments 324 (S.C.)

Electricity - Recovery of dues of previous owner from purchaser of property - Electricity charges not a charge over the property - Transferee not liable in absence of statutory rules or terms and conditions of supply. 2010(3) Apex Court Judgments 234 (S.C.)

Enlargement of time - The power to fix the time for doing an act includes power to extend such period. 2010(3) Apex Court Judgments 364 (S.C.)

Husband living with another woman - Husband and not the other woman can be prosecuted u/s 498-A IPC. 2010(3) Apex Court Judgments 380 (S.C.)

Land Acquisition - Interest on solatium - Interest on solatium payable after 19.9.2001 is applicable only to Executing Court and that too where Reference Court or Appellate Court is silent as to payment of interest on solatium and this direction is not applicable to Court dealing with the main proceeding relating to enhancement of compensation. 2010(3) Apex Court Judgments 331 (S.C.)

Land Acquisition - Interest on solatium - Award when silent Executing Court can direct for payment of interest on solatium for the period subsequent to September 19, 2001 i.e. the date of decision in case of Sunder Vs Union of India. 2010(3) Apex Court Judgments 331 (S.C.)

Landlord and tenant relationship - Acceptance of rent from sub tenant - Firm `Bhumi Kalpataru' became a newly constituted firm `Shri Bhumi Kalpataru - In such facts and circumstances acceptance of rent from newly constituted firm does not create relationship of landlord and tenant. 2010(3) Apex Court Judgments 238 (S.C.)

Live-in-relationship is permissible only in unmarried major persons of heterogeneous s*x. 2010(3) Apex Court Judgments 196 (S.C.)

Notice sent by registered post at correct address - There is presumption of service, unless and until contrary is proved by the addressee. 2010(3) Apex Court Judgments 249 (S.C.)

Offence u/ss 304-B, 498-A IPC - Use of words "harassed" or "tortured" by a witness without describing exact conduct of accused - May not be believed by a Court in a case u/ss 498-A and 304-B IPC. 2010(3) Apex Court Judgments 258 (S.C.)

Offence u/ss.304-B, 498-A IPC - Demand of dowry - By itself not a offence - It is act of cruelty or harassment which is punishable. 2010(3) Apex Court Judgments 258 (S.C.)

Service - Appointment - Court should be slow to interference in recommendation by an expert committee for appointment after evaluating qualification, experience and published work of a candidate. 2010(3) Apex Court Judgments 220 (S.C.)

Service - Appointment - Past practice - In the absence of any provision in the rules, no right can be claimed on the basis of past practice. 2010(3) Apex Court Judgments 356 (S.C.)

 



Learning

 9 Replies


(Guest)

Wow! Sir, give this weekly capsules to strengthen our knowledge.

Thanks .


(Guest)

Good show. Proves the weakness of our Judicial System Strengths, if any appear to be consipicous by their absence.

Bhartiya No. 1 (Nationalist)     10 October 2010

Thnks a lot for this piece of information.

adv. rajeev ( rajoo ) (practicing advocate)     10 October 2010

Thanks Reddy Sir,

ami (Dy.Inspector of Schools)     10 October 2010

Dear Reddygaru Namaskamlu i am a very new member and ur contribution is appealing and i pray Him 2 shower all His blessings onto sir.Keep rocking 


(Guest)

Hey thanks as they are all thanking you for getting first Nobel Prize in in Lawful  India.

M. A. Khan (advocate)     11 October 2010

i like the updates. Thanks for giving us precious information.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     31 October 2010

SOME OF LEARN FRIENDS REQUESTED FOR THE LIVE IN RELATIONSHIP SC JUDGMENT- PLS  SEE ATTACHED


Attached File : 53 53 live in relation sc judgment.pdf downloaded: 142 times
1 Like

Basavaraj (Asst, Manager-Legal)     01 January 2011

REDDY GARU,

 

Wondarfuly and needful judgments.

 

Please keep us posting like this judgments in future also.

 

Regards

 

Basavaraj

Bangalore


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