Halsbury’s Laws of England, Simonds Edition, Volume 28, Articles 894 and 895: The privileges of Parliament are based partly upon custom and precedents which are to be found in the Rolls of Parliament and the journals of the two Houses and partly upon certain statutes which have been passed from time to time for the purpose of making char particular […]
(1966) AIR(Calcutta) 363 : 69 CalWN 484 CALCUTTA HIGH COURT SINGLE BENCH ( Before : B.N. Banerjee, J ) SYED ABDUL MANSUR HABIBULLAH — Appellant Vs. THE SPEAKER, WEST BENGAL LEGISLATIVE ASSEMBLY AND OTHERS — Respondent Matter No. 79 of 1965 Decided on : 26-02-1965 Constitution of India, 1950 – Article 154, Article 160, Article 176, Article 176(1), Article 194(3), […]
In every session but the first of a Parliament, as there is no election of a Speaker, nor any general swearing of Members, the session is opened at once by the Queen’s speech, without Liny preliminary proceedings in either House. Until the causes of summons are declared by the Queen, either in person, or by commission, neither House can proceed […]
Section 290, Government of India Act, 1935, ran as follows: “290(11 subject to the provisions of this Section, His Majesty may by order in Council– (a) create a new province; (b) increase the area of any province; (c) diminish the area of any province; (d) alter the boundaries of any province. Provided that, before the draft of any such order […]
A session is the period of time between the meeting of a Parliament, whether after, a prorogation or dissolution, and its prorogation. …. During the course of a session, either House may adjourn itself of its own motion to such date as it pleases. The period between the prorogation of Parliament and its re-assembly in a new session is termed a ‘recess’; while the period between the adjournment of either house and the resumption of its sitting is generally called as ‘adjourned’.
Where a court having general Jurisdiction and having acquired Jurisdiction of the subject-matter has Issued an Injunction, a court of concurrent Jurisdiction will usually refuse to interfere by issuance of a second Injunction. There is no established rule of exclusion which would deprive a court of jurisdiction to issue an injunction because of the issuance of an injunction between the same parties appertaining to the same subject matter but there is what may properly be termed a Judicial comity on the subject.
Gotra of a person is the name of the sage from whom he or his agnate is supposed to have descended in the line
The inherent powers of the High Court under Section 482 Code of Criminal Procedure. are not for that purpose controlled by Section 320 Code of Criminal Procedure. Having said so, we must hasten to add that the plenitude of the power under Section 482 Code of Criminal Procedure. by itself, makes it obligatory for the High Court to exercise the […]
In Lachmeshwar v. Keshwar Lal, A.I.R. 1941 F.C. 5 is an authority for holding that the hearing of appeal under the procedural law of India is in the nature of re-hearing and therefore in moulding the relief to be granted in a case on appeal, the appellate court is entitled to take into account even facts and events which have […]
SURJIT LAL CHHABDA Vs. THE COMMISSIONER OF INCOME TAX, BOMBAY-A Hindu coparcenary is a much narrower body than the joint family. It includes only those persons who acquire by birth an interest in the joint or coparcenary property and these are the sons, grandsons and great-grandsons of the holder of the joint property for the time being, that is to say, the three generations next to the holder in unbroken male descent. Since under the Mitakshara Law, the right to joint family property by birth is vested in the male issue only, females who come in only as heirs to obstructed heritage (sapratibandha day), cannot be coparceners. But we are concerned under the Income-tax Act with the question whether the appellant’s wife and unmarried daughter can with him be members of a Hindu undivided family and not of a coparcenary.