Thus tort is a civil injury other than a breach of contract which is capable of sustaining an action for unliquidated damages in a Court of law. If the appropriate remedy is not a claim for unliquidated damages but...
Day: October 22, 2017
1950- The distinction drawn is between damages arising naturally (which means in the normal course of things) and cases where there were special and extraordinary circumstances beyond the reasonable provision of the parties. AIR 1951 SC 144 : (1950)...
1950- where a statute provided that a case might be stated for the decision of the Court it was held that though the language might prima facie import that there has to be the equivalent of a judgment or...
In construing a document whether in English or in vernacular the fundamental rule is to ascertain the intention from the words used; the surrounding circumstances are to be considered but that is only for the purpose of finding out...
Special Leave Petition—Scope of jurisdiction—Judgement passed by High Court of Hyderabad under the rule of H.E.H. Nizam of Hyderabad which was not part of territory of India before adoption of the Constitution of India—Supreme Court has no jurisdiction to...
Sarju Pershad Ramdeo Sahu Versus Jwaleshwari Pratap Narain Singh and others[SC 1950 November]
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1950- AIR 1951 SC 120 : (1950) SCR 781 (SUPREME COURT OF INDIA) Sarju Pershad Ramdeo Sahu Appellant Versus Jwaleshwari Pratap Narain Singh and others Respondent (Before : Saiyid Fazl Ali, Mehr Chand Mahajan And B. K. Mukherjea, JJ.)...
Keywords : The phrase “reasonable restriction” connotes that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The...
1950- in the event of a sale or gift of the business by the original owner the succession within the meaning of S. 25 (4) will take place only on the date of such sale or gift and the...
1950-compromise decrees AIR 1951 SC 11 : (1950) SCR 833 (SUPREME COURT OF INDIA) Mangan Lal Deoshi Appellant Versus Mohammad Moinul Huque and others Respondent (Before : M. H. Kania, C.J.I., M. Patanjali Sastri And S. R. Das, JJ.)...
1950- AIR 1951 SC 108 : (1950) SCR 1008 (SUPREME COURT OF INDIA) Commissioner of Income-tax, West Bengal Appellant Versus Calcutta Agency Ltd Respondent (Before :M. H. Kania, C.J.I., M. Patanjali Sastri And S. R. Das, JJ.) Civil Appeal...
1950- It seems that a presumption against intestacy may be raised if it is justified by the context of the document or the surrounding circumstances, but it can be invoked only when there is undoubted ambiguity in ascertainment of...
1950- The control and management of a business remains in the hand of a person or a group of persons, and the question to be asked is wherefrom the person or group of persons controls or directs the business....
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