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Day: September 10, 2017

Law of Declaratory Suit

advtanmoy 10/09/2017

34. Discretion of court as to declaration of status or right— Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so […]

Law of Injunction under Specific Relief Act

advtanmoy 10/09/2017

Law Library Chapter 7 -Injunction Generally 36. Preventive relief how granted.— Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. 37. Temporary and perpetual injunctions.— (1) Temporary injunctions are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of […]

Index Constitution of India

advtanmoy 10/09/2017

Law Library INDEX ARTICLE/SCHEDULE A ABOLITION of privy purses ………………..363A. ACCOUNTS— Form of—of the Union and States …………………..150. ACQUISITION— of estates, etc., saving of laws providing for ………….31A. of property, compulsory ……………….. Sch. VII, List III-42. amount for—of any property of an educational institution established and administered by a minority ………30(1A). ACTS— Validation of certain—and Regulations …………… 31B, Sch. IX. […]

  • A judge is the pillar of entire justice system and public has a right to demand virtually irreproachable conduct from a judge (SC-10/12/2019) - A person discharging judicial duties acts on behalf of the State in discharge of its sovereign functions. Dispensation of justice is not only an onerous duty but has been considered as akin to discharge of a pious duty, and therefore, is a very serious matter. The standards of probity, conduct, integrity that may be relevant for discharge of duties by a careerist in another job cannot be the same for a judicial officer. A judge holds the office of a public trust. Impeccable integrity, unimpeachable independence with moral values embodied to the core are absolute imperatives which brooks no compromise. A judge is the pillar of the entire justice system and the public has a right to demand virtually irreproachable conduct from anyone performing a judicial function. Judges must strive for the highest standards of integrity in both their professional and personal lives.
  • A daughter has no right u/s 14 of Hindu Succession Act of her father’s property if it is occupied by her brother through adverse possession (SC-28/08/2023) - A Hindu daughter has no right u/s 14 of Hindu Succession Act on the property of her father if it is occupied by her brother through adverse possession (SC-28/08/2023)- [See Pritam Singh v. State, AIR (1950) SC 169: (1950) SCR 453, Hem Raj v. State of Ajmer AIR (1954) SC 462: (1954) SCR 1133, Bengal Chemical & Pharmaceutical Works Ltd. v. Employees, AIR (1959) SC 633: 1959 Supp (2) SCR 136: (1959) 1 LLJ 413, Municipal Board, Pratabgarh and Anr. v. Mahendra Singh Chawla and Ors. (1982) 3 SCC 331: (1983) SCC (L&S) 19, Taherakhatoon (dead) by LRs v. Salambin Mohammad (1999) 2 SCC 635]

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