AIR 1971 SC 1002 : (1971) Suppl. SCR 46 : (1971) 2 SCC 63 In India, as in England, the executive has to act subject to the control of the legislature, but […]
The meaning to the word office’ given in the Statesman (P) Ltd. vs. H. R. Deb, AIR 1968 SC 1495. In the Statesman case, AIR 1968 SC 1495 this Court approved of […]
Law normally connotes a rule or norm which is of general application. It may apply to all the persons or class of persons or even individuals of a particular description. Law prescribes […]
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held Supreme Court in the case of Kesavananda Bharati,it was held by majority that the power of amendment of the Constitution […]
Whether a declaration that an order made by a court of law is void is normally part of the judicial function and is not a legislative function ?
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] held:- 190. A declaration that an order made by a court of law is void is normally part of the judicial function and […]
Supreme Court in Matajog Dobey v. H. C. Bhari, (1955) 2 SCR 925 interpreted the words “official duty” to have reasonable connection between the act and the discharge of duty. The act […]
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held :- The hierarchical structure of the legal order of a State is that the Constitution is the highest level within […]
The powers, privileges and immunities of Parliament and its members as provided in Article 105 are that they shall be such as may be defined by Parliament by law, and, until so, […]
In American and Australian Constitutions judicial power of State is located in judiciary: such is not given in Indian Constitution.
The constituent power is sovereign. Law making power is subject to the Constitution, Parliament may create forum to hear election disputes. Parliament may itself hear election disputes for example.
KEYWORDS:- Judges Inquiry- (2003) 4 SCALE 643 : (2003) 5 SCC 494 : (2003) 1 Suppl. SCR 108 (SUPREME COURT OF INDIA) indira Jaising Appellant Versus Registrar General, Supreme Court of India and […]
A decision of a Court is a precedent if it lays down some principle of law Supported by reasons. Mere casual observations or directions without laying down any principle of law and […]
Supreme Court in Motiram Padu Joshi and Others Vs. State of Maharashtra –Criminal Appeal No. 1479 of 2015 decided on July 10, 2018, held :- From the above decisions, in our considered […]
KEYWORDS:-Related witness It is fairly well-settled that relationship is not a ground affecting the credibility of a witness. In Mohabbat v. State of M.P., (2009) 13 SCC 630, this Court held as […]
Supreme Court may declare that Section 377 violated the right of sex under Article 21 of the LGBTQ community – Govt posed Stoic silence !
JULY 17, 2018 16:27 IST CHIEF JUSTICE’S COURT W.P.(C) No. 373/2006 PIL-W INDIAN YOUNG LAWYERS ASSOCIATION AND ORS. R. P. GUPTA Versus THE STATE OF KERALA AND ORS CONSTITUTION BENCH COMPRISING HONBLE THE […]
In Suraj Lamp and Industries Pvt. Ltd. Versus State of Haryana and Another[(2011) 11 SCALE 438] , the Supreme Court held :- Any CONTRACT of sale (agreement to sell) which is not a registered deed of […]
A will is the testament of the testator. It is a posthumous disposition of the estate of the testator directing the distribution of his estate upon his death. It is not a […]
In Oil and Natural Gas Corporation Ltd. Versus SAW Pipes Ltd. AIR 2003 SC 2629 : (2003) 3 SCR 691 : (2003) 5 SCC 705 : JT 2003 (4) SC 171 : (2003) 4 SCALE […]
If there was a general reference and not a specific reference on any question of law then the award can be set aside if it is demonstrated to be erroneous on the face of it.
If the award is erroneous on the basis of record with regard to proposition of law or its application, the Court will have jurisdiction to interfere with the same. Dealing with the […]
Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?
Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the dispute in accordance with the substantive law for the time being in force in India. […]
What makes an agreement, which is otherwise legal, void is that its performance is impossible except by disobedience of law.
In Shri Lachoo Mal v. Shri Radhey Shyam, (1971) 1 SCC 619 this Court while deciding whether an agreement was void and not enforceable under Section 23 of the Indian Contact Act […]