The expression ‘proof beyond reasonable doubt’ in criminal law requires the prosecution to establish guilt and secure conviction of the accused by proving the charge ‘beyond reasonable doubt’. In Ramakant Rai Vs. Madan Rai & Ors. (2003) 12 SCC 395 referring to the...
Day: May 20, 2019
We would reproduce Section 14 of the Act and Rules 3 and 12 of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 (‘the 2007 Rules’, for short) which read as under: “ Section 14: Valuation of Goods. (1) For the...
Explaining the meaning of quasi-judicial body Civil Appeal arising out of SLP (C) No. 23127 of 2018 Page 21 of 27 in Indian National Congress (I) vs. Institute of Social Welfare & Ors.3 , it was held that- When any body of persons...
Section 6A of the Citizenship Act incorporates special provisions as to the citizenship of persons covered by the Assam Accord. For the purpose of the present order, we would like to reproduce sub-section (3) to Section 6A of the Citizenship Act which...
CHIMANLAL PREMCHAND Vs. THE STATE OF BOMBAY - Words and Phrases - Business - Meaning of - Expression include even forward contracts.
GEORGE DA COSTA Vs. CONTROLLER OF ESTATE DUTY IN MYSORE, BANGALORE - property passing on the death" includes property passing either immediately on the death or after any interval, either certainly or contingently, and either originally or by way of substitutive limitation,...
KULDIP RASTOGI AND ANOTHER Vs. VISHVA NATH KHANNA - Contempt of Courts Act, 1971 — Section — 12(3), 13 — 'Willful' disobedience — Meaning of 'willful' has the same meaning in the law of contempt as in other branches of the law....
HARIPRASAD SHIVSHANKAR SHUKLA Vs. A.D. DIVIKAR - Interpretation of Statutes - Definition - There must be compelling reasons to depart from the ordinary meaning of a word. It is true that an artificial definition may include a meaning different from or...
COMMISSIONER OF INCOME TAX, BOMBAY CITY-III Vs. SHANTILAL P. LTD. - A contract can be said to be settled if instead of effecting the delivery or transfer of the commodity envisaged by the contract the promisee, in terms of Section 63 of...
STATE OF WEST BENGAL Vs. AMRITLAL CHATTERJEE - "commencement of arbitral proceedings" which expression would necessarily refer to Section 21 of the new Act. This Court has relied on this section as to when arbitral proceedings commence in the case of...
KANWAR SINGH Vs. DELHI ADMINISTRATION - Interpretation of Statutes - Literal meaning - Purposive construction - It is the duty of the Court to give effect to the intention of Legislature - Literal meaning to a word used by draftsman particularly...
ASHISH KUMAR AGARWAL Vs. DISTRICT MAGISTRATE, PAURI GARHWAL AND OTHERS
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