Welcome – Advocatetanmoy Law Library

  Encyclopedia of Law + 100000 Articles in English
 HEADLINES  SC srilanka

Nov 13, 2018: Sri Lanka’ Supreme Court on Tuesday overturned President Maithripala Sirisena’s dissolution of Parliament. A three-member bench including the country’s Chief Justice Nalin Perera delivered its ruling.All petitions filed against Sirisena’s decision will be heard on December 4, 5 and 6, the apex court ruled.


Nov 12, 2018: Two practicing advocates have been appointed to be Calcutta High Court Judge as Collegium recommended their names on 24.10 2018 as suitable candidates.
1. Shri Aniruddha Roy, and
2. Shri Saugata Bhattacharyya.


Nov 10, 2018: India will send a manned mission to space. ISRO chairman Dr. K Sivan has said that the project would cost around Rs. 10000/- crore.

  • Sri Lankan president Maithripala Sirisena late on Friday dissolved the House. Issuing an extraordinary gazette, Mr. Sirisena dismissed the 225-member assembly with effect from midnight and called for a snap general election on January 5, 2019.
SUPREME COURT JUDGMENT UPDATES  Supreme court

[NOVEMBER 2018]

Lourembam Deben Singh & Ors. v. AÂ Union of India & Ors. etc. Purpose of a continuing mandamus is to ensure that the Investigating Officer or the Investigating Team (as the case may be) does not deviate from the natural course of investigations for whatever reason, either due to pressure or due to a misdirection or some other extraneous reason. This is the limited role of a Constitutional Court in monitoring investigations in a continuing mandamus.

Pratap Mehta Vs. Sunil Gupta & Ors ⇒ Supreme Court held that a writ of certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals. It was further held that jurisdiction of High Court under Article 226 to issue a writ of certiorari is a supervisory jurisdiction and the High Court exercising it is not entitled to act as an appellate court.

North East Karnataka Road Transport Corporation Vs. Smt. Sujatha ⇒ The question as to when does the payment of compensation under the Act “becomes due” and consequently what is the point of time from which interest on such amount is payable under Work`s Men Compensation Act.

The Management of Sri Ramnarayan Mills Ltd. Vs. Secretary, Coimbatore District Textile Workers Union (HMS) and Ors. Amendment of Standing Order- “break in service” cannot be allowed as a ground by way of punishment in Clause 16 of the Chapter of Punishment in Certified Standing Orders

Lawline

[OCTOBER 2018]

Dr. Amit Kumar Vs. Dr. Sonila & Ors. ⇒ Custody of the children “In our view, it clearly emerges that the decision to give custody to the appellant, of the two children, was a conscious decision taken by the parties at the relevant stage and can hardly be categorised as a decision under force, pressure or fraud”.

National Insurance Special Voluntary Retired / Retired Employees Association Vs. United India Insurance Company Ltd. ⇒ Voluntary retirement schemes

Raghubir Singh Vs. State of Rajasthan ⇒ Intra court appeal,  the duty of Division Division Bench to decide on merit.

The Kelvin Jute Company Ltd. Workers Provident Fund Vs. Krishna Kumar Agarwala ⇒ Fraud played upon the court for getting a judgment, SC remanded back the case to HC with liberty to limitation. 

Jitendra @ Kalla Vs. State of Government of NCT of DelhiMurder-Life sentence for 30 years-If more than one life sentences are awarded to the prisoner, the same would get superimposed over each other. This will imply that in case the prisoner is granted the benefit of any remission or commutation qua one such sentence, the benefit of such remission would not ipso facto extend to the other.

Rama Avatar Soni Vs. Mahanta Laxmidhar Das ⇒ To challenge the genuineness of the Will inter alia indicates challenge to the genuineness of the signature

M.C. Mehta Vs. Union of IndiaManufacturers, cannot be permitted to sell any non BSVI compliant vehicle on or after 01.04.2020

Kamala Vs. M.R. Mohan Kumar ⇒ Unlike matrimonial proceedings where strict proof of marriage is essential, in the proceedings under Section 125 Cr.P.C., such strict standard of proof is not necessary as it is summary in nature meant to prevent vagrancy

Kodungallur Film Society Vs. Union of India ⇒  set out guidelines to assess damages to  property by mob violence

Dr. S.K. Jhunjhunwala Vs. Mrs. Dhanwanti Kumar ⇒ Medical negligence

Gopal Jha Vs. The Hon’ble Supreme Court of India ⇒ Allotment of chamber in the vicinity of Supreme Court under Rule 3 of the Allotment Rules.

Kamal Nath Vs. Election Commission of India and Others ⇒ SC dismissed the plea to issue directions for conducting VVPAT verification at least 10% randomly selected polling stations.   Read More…

SC CONSTITUTIONAL BENCH JUDGMENTS [2018] 

Common Cause (A Regd. Society) Vs. Union of India and Another Right to life: including right to live with human dignity” would mean the existence of such right up to the end of natural life, which also includes the right to a dignified life upto the point of death including a dignified procedure of death. [HON’BLE THE CHIEF JUSTICE, HON’BLE MR. JUSTICE A.K. SIKRI, HON’BLE MR. JUSTICE A.M. KHANWILKAR, HON’BLE DR. JUSTICE D.Y. CHANDRACHUD, HON’BLE MR. JUSTICE ASHOK BHUSHAN]

Bir Singh Vs. Delhi Jal Board & Ors. – A person notified as a Scheduled Caste in State ‘A’ cannot claim the same status in another State on the basis that he is declared as a Scheduled Caste in State ‘A’……” [ HON’BLE THE CHIEF JUSTICE, HON’BLE MR. JUSTICE N.V. RAMANA, HON’BLE MRS. JUSTICE R. BANUMATHI, HON’BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR, HON’BLE MR. JUSTICE S. ABDUL NAZEER ]

Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice – SECTION 377of IPC-Homosexuality-It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. [HON’BLE THE CHIEF JUSTICE, HON’BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON’BLE MR. JUSTICE A.M. KHANWILKAR, HON’BLE DR. JUSTICE D.Y. CHANDRACHUD, HON’BLE MS. JUSTICE INDU MALHOTRA]

Public Interest Foundation vs Union Of India Corruption-A time has come that the Parliament must make a law to ensure that persons facing serious criminal cases do not enter into the political stream. [HON’BLE THE CHIEF JUSTICE, HON’BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON’BLE MR. JUSTICE A.M. KHANWILKAR, HON’BLE DR. JUSTICE D.Y. CHANDRACHUD, HON’BLE MS. JUSTICE INDU MALHOTRA]

Justice K.S. Puttaswamy (Retd.) and Another Vs. Union of India and Others– Certain provision of the Aadhaar Act has been declared unconstitutional.

Joseph Shine Vs. Union of IndiaSeptember 27, 2018 – The apex court’s five-judge Constitution bench was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it as manifestly arbitrary, archaic and violative of the rights to equality and equal opportunity to women.[HON’BLE THE CHIEF JUSTICE, HON’BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON’BLE MR. JUSTICE A.M. KHANWILKAR, HON’BLE DR. JUSTICE D.Y. CHANDRACHUD, HON’BLE MS. JUSTICE INDU MALHOTRA]

Indian Young Lawyers Association & Ors. Vs. State of Kerala & Ors In this PIL   under Article 32 of the Constitution the petitioners have prayed for direction commanding the Government of Kerala, Dewaswom Board of Travancore, Chief Thanthri of Sabarimala Temple and the District Magistrate of Pathanamthitta and their officers to ensure entry of female devotees between the age group of 10 to 50 at the Lord Ayappa Temple at Sabarimala (Kerala) [HON’BLE THE CHIEF JUSTICE, HON’BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON’BLE MR. JUSTICE A.M. KHANWILKAR, HON’BLE DR. JUSTICE D.Y. CHANDRACHUD, HON’BLE MS. JUSTICE INDU MALHOTRA]

FEATURED JUDGMENT

In 1990 SC held that heavy vehicles operating in Delhi are main factor to pollution.

 Delhi“We are of the view that the heavy vehicles operating in the city being the buses, trucks and defence vehicle constitute the main contributing factor to pollution. It is necessary, therefore, that more of attention is directed against these vehicles. Particulars of the prosecution said to have been undertaken should be made available to the Court so that the Court would be in a position to appreciate the steps taken and to what extent this measure is effective. We, therefore, direct the Delhi Administration to place before the Court a complete list of the prosecution launched against the vehicles for causing pollution by infringement of the various requirements of the law with particular reference to the vehicles, nature of the vehicles dates of prosecution, the nature of offences for which prosecutions have been launched and the result, if any, of such prosecutions from 1-4-1990″.     Read More

Featured Article
Components of The National WealthGroth of Wealth
Gross domestic product (GDP) as an indicator of a countries economic progress, but not wealth—the assets such as infrastructure, forests, minerals, and human capital that produce GDP.

The wealth of a country or a Nation can be estimated as the sum of three major components: 

Natural capital or Resources- It is calculated as the sum of the stock value of the renewable and non – renewable resources (pasture land, agricultural land, protected areas, oil, coal, natural gas, minerals). Renewable resources—agricultural land and forests and protected areas—can produce benefits in perpetuity if managed sustainably.
In low- and middle-income countries, the monetary value of renewable assets more than doubled, keeping up with population growth on average, which is good news, with greater gains in value of agricultural land than forests.

Produced assets – It represents the sum of the value of a country’s stock of machinery and equipment, structures and urban land.

Human resources- They consist of “raw labor,” determined mainly by the number of people in a country’s labor force; human capital and an important element known as social capital. The concept of human capital wealth differs from that of human development or human capabilities. The term “capital” denotes a resource that can be used for economic production. A good education has an intrinsic value apart from the fact that it helps workers be better paid. Good health also is beneficial in itself, independent of its impact on production and wages. The estimation of the human capital wealth of countries is based on wage regressions used to compute expected earnings for individuals over their lifetimes by gender, age, and education level. Labor force and household surveys are used to measure the number of workers according to age, sex, and education level, as well as their earnings.

World Bank published a project to measure economies by wealth, to get a more complete picture of a nation’s health, both in the present and the future. The Changing Wealth of Nations analyzes the wealth of 141 countries, from 1995 to 2014. “A country’s level of economic development is strongly related to the composition of its national wealth,” the report states.

It is said, for most countries GDP is strongly correlated to wealth.

Between 1995 and 2014, global wealth grew by two-thirds (66 percent), but the population grew by 27 percent so that the net increase in per capita wealth was only 31 percent (figure 2.7 and map 2.1).

It is observed that a business is always evaluated by both its income statement and its balance sheet1 (assets and liabilities, or wealth). Similarly, a prospective homeowner can obtain a mortgage only by demonstrating both his or her income and net assets— income in any given year can always be made to look good by selling off assets, but liquidating assets undermines the ability to generate income in the future; the true picture of economic health requires looking at both income and wealth. The economic performance of countries, however, is only evaluated based on national income; wealth has typically been ignored. Indeed, one of the primary motivations for the early natural capital accounting efforts in the mid-1980s was concern that rapid GDP growth in resource-rich countries was achieved through liquidation of natural capital—a temporary boost to consumption that created no basis for sustained advances in wealth and human well-being (for example, Repetto et al. 1989). Monitoring wealth, including natural capital, was part of the solution to the challenge of long-term sustainability.

Global Encyclopedia of Business and Commercial Laws

World