SUPREME COURT OF INDIA
COMPILATION OF GUIDELINES TO BE FOLLOWED FOR ENTERTAINING LETTERS/PETITIONS RECEIVED IN THIS COURT AS PUBLIC INTEREST LITIGATION.
(Based on full Court decision dated 1.12.1988 and subsequent modifications).
No petition involving individual/ personal matter shall be entertained as a PIL matter except as indicated hereinafter.
Letter-petitions falling under the following categories alone will ordinarily be entertained as Public Interest Litigation:- Continue reading “GUIDELINES FOR ENTERTAINING LETTERS/PETITIONS AS PUBLIC INTEREST LITIGATION by Supreme Court ”
Keywords: Dilution of independence of Judiciary We uphold the decision of the High Court that the creation of National Company Law Tribunal and National Company Law Appellate Tribunal and vesting in them, the powers and jurisdiction exercised by the High Court in regard to company law matters, are not unconstitutional. JT 2010 (5) SC 553(1) : (2010) 5 SCALE 514 (SUPREME COURT OF India) Union … Continue reading Union of India Versus R. Gandhi, President, Madras Bar Association[SC 2010 May]Constitution Bench
what is the meaning of the expression “specific provision to the contrary”. In Maru Ram v. Union of India and others, (1981) 1 SCC 107, a Constitution Bench dealt with the pari materia provision to Section 4(1) of the Code of Civil Procedure contained in Section 5 of the Code of Criminal Procedure. This Court relied upon the Lahore High Court and the Allahabad High … Continue reading what is meant by “specific provision”-Statutory Interpretation
Keywords: Letters Patent- Appellate Jurisdiction of High Court If the purpose behind the requirement of a matter to be heard by a Bench of not less than two Judges is to be achieved, in the event of the two Judges being unable to agree either on facts or on law, the matters should be heard by a Bench of larger strength. Then only the members … Continue reading Pankajakshi(Dead) Through L.Rs. … vs Chandrika & Ors[SC 2016 Feb] Constitution Bench
The payment of court-fees is a matter primarily between the Government and the respondents AIR 1953 SC 431 (SUPREME COURT OF INDIA) Mahasay Ganesh Prasad Ray and anothers Appellant Versus Narendra Nath Sen and others Respondent (Before : M. H. Kania, C.J.I., M. Patanjali Sastri And S. R. Das, JJ.) Civil Appeal No. 106 of 1949, Decided on : 01-12-1950. Evidence Act, 1872—Sections 34 and … Continue reading Mahasay Ganesh Prasad Ray and anothers Vs Narendra Nath Sen and others [SC 1950 December]
Keywords : Ignorance of contempt order Notice AIR 1953 SC 436 : (1953) CriLJ SC 1837 (SUPREME COURT OF INDIA) H. P. Singh Appellant Versus Thakur Prasad Tewari an another Respondent (Before : Saiyid Fazl Ali, B. K. Mukherjea And N. Chandrasekhara Aiyar, JJ.) Criminal Appeal No.18 of 1950. (Privy Council Appeal No. 29 of 1949), Decided on : 21-12-1950. Contempt of Court—Disobedience of … Continue reading H. P. Singh Vs Thakur Prasad Tewari an another [SC 1950 December]
Keywords : Criminal review Sections 417, 418 and 423 of the Code of Criminal Procedure 1898 give to the High Court full power to review at large the evidence upon which the order of acquittal was founded, and to reach the conclusion that upon that evidence the order of acquittal should be reversed. No limitation should be placed upon that power, unless it be found … Continue reading Prandas Versus The State[SC 1950 March]
Keywords: Execution of Mortgage Decree The general law undoubtedly is that a mortgage decree is one and indivisible and exceptions to this rule are admitted in special circumstances where the integrity of the mtge. has been disrupted at the instance of the mortgagee himself; e.g., when there is severance of the interests of the mortgagors with the consent of the mortgagee. or a portion of … Continue reading V. Ramaswami Aiyengar and others Appellant Versus T. N. V. Kailasa Thevar [SC 1951 March]
Keywords : Tenancy – In- Common, lakhraj interest, Mokarrari interest In law, an inter se partition of the mokarrari interest could not affect the integrity of the lease and it could not be said that Bisheshwar Dayal Singh under the alleged partition became a mokarraridar under another contract of lease. Such partitions amongst several lessees inter se are usually made for convenience of enjoyment of … Continue reading Badri Narain Jha and others Versus Rameshwar Dayal Singh and others[SC 1951 Feb]
KEYWORDS: Concluded contract As there was no concluded contract, the decree passed by him awarding compensation to the plaintiff for breach of contract cannot be sustained AIR 1951 SC 184 : (1951) SCR 161 (SUPREME COURT OF INDIA) Col. D. I. Mac Pherson Appellant Versus M. N. Appanna and another Respondent (Before : Saiyid Fazl Ali, B. K. Mukherjea And N. Chandrasekhara Aiyar, JJ.) Civil … Continue reading Col. D. I. Mac PhersonVersus M. N. Appanna and another [SC 1951 Feb]