Day: July 12, 2018

No Court has competence to issue a direction contrary to law nor the Court can direct an authority to act in contravention of the statutory provisions.
1 min read

No Court has competence to issue a direction contrary to law nor the Court can direct an authority to act in contravention of the statutory provisions.

Generally, no Court has competence to issue a direction contrary to law nor the Court can direct an authority to act in contravention of the statutory provisions. The courts are meant to enforce the rule of law and not...
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Where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed.
2 min read

Where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed.

It is of course a settled legal proposition that in a case where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed. In Medchl Chemicals & Pharma Ltd. v....
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The period of limitation in case of Criminal complaint is to be determined on the date of presentation of the complaint to the magistrate
7 min read

The period of limitation in case of Criminal complaint is to be determined on the date of presentation of the complaint to the magistrate

After referring to several decisions, the  Supreme Court held that the limitation prescribed under Section 468 of the Code should be related to the filing of complaint and not to the date of cognizance by the Magistrate or issuance...
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Whether it is permissible for a party to treat the judgment and order as null and void without getting it set aside from the competent court
2 min read

Whether it is permissible for a party to treat the judgment and order as null and void without getting it set aside from the competent court

The issue is No. more res integra and stands settled by a catena of decisions of this Court. For setting aside such an order, even if void, the party has to approach the appropriate forum. (Vide: State of Kerala...
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A person in illegal occupation of the land has to be evicted following the procedure prescribed under the law.
2 min read

A person in illegal occupation of the land has to be evicted following the procedure prescribed under the law.

Forcible dispossession:  Even a trespasser cannot be evicted forcibly. Thus, a person in illegal occupation of the land has to be evicted following the procedure prescribed under the law. (Vide Midnapur Zamindary Co. Ltd. v. Naresh Narayan Roy AIR...
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Where an applicant gets an order/office by making misrepresentation or playing fraud upon the competent Authority, such order cannot be sustained in the eyes of law
4 min read

Where an applicant gets an order/office by making misrepresentation or playing fraud upon the competent Authority, such order cannot be sustained in the eyes of law

Fraud/Misrepresentation: It is settled proposition of law that where an applicant gets an order/office by making misrepresentation or playing fraud upon the competent Authority, such order cannot be sustained in the eyes of law. “Fraud avoids all judicial acts...
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The court cannot entertain an application for review if before making the review application, the superior court had been moved for getting the self-same relief
5 min read

The court cannot entertain an application for review if before making the review application, the superior court had been moved for getting the self-same relief

In Kabari Pvt. Ltd. v. Shivnath Shroff and Ors., AIR 1996 SC 742, this Court had taken a view that the court cannot entertain an application for review if before making the review application, the superior court had been...
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