What is Law ?

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 the abstract principles by the application of which individual cases are decided. Law, however, is not what Blackstone called “a sentence”. According to… Read More What is Law ?

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 is not a legislative function. Although there is it the Constitution of India no rigid separation of powers, by and large the spheres… Read More 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 the American and the Australian Constitutions is the judicial power of the State is located in the judiciary. There is no such provision in Indian Constitution.

The Executive, the Legislature and the Judiciary are all treated under our Constitution with respective spheres. The jurisdiction of this Court and of High Courts under our Constitution is dealt with by Articles under the Heads of the Union Judiciary and the State Judiciary. Under Article 136 any Tribunal or Court is amenable to the… Read More In the American and the Australian Constitutions is the judicial power of the State is located in the judiciary. There is no such provision in Indian Constitution.

What are powers of the appellate court while dealing with an appeal against an order of acquittal

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 view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge: (1)… Read More What are powers of the appellate court while dealing with an appeal against an order of acquittal

Relationship is not a ground affecting the credibility of a witness.

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 under:- “11. Learned counsel for the respondent State on the other hand supported the judgment of the High Court. “12. Merely because the… Read More Relationship is not a ground affecting the credibility of a witness.

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 CHIEF JUSTICE, HONBLE ROHINTON FALI NARIMAN, HONBLE A.M. KHANWILKAR, HONBLE DR. D.Y. CHANDRACHUD AND HONBLE INDU MALHOTRA, JJ. While reserving the Judgment by Supreme… Read More Supreme Court may declare that Section 377 violated the right of sex under Article 21 of the LGBTQ community – Govt posed Stoic silence !

SA/GPA/WILL transaction does not convey any title nor create any interest in an immovable property

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 conveyance (deed of sale) would fall short of the requirements of Sections 54 and 55 of Transfer of Property Act and will not… Read More SA/GPA/WILL transaction does not convey any title nor create any interest in an immovable property