Shanti Bhushan Vs. Supreme Court of India through its Registrar and Another [DECIDED ON JULY 06, 2018] “the power of framing roster which inheres in the Chief Justice has constitutional and statutory backing and by convention it is treated as prerogative of the Chief Justice” A.K.SIKRI, J. 2. The petitioner herein, who is a senior … Continue reading Clarify the administrative authority of the Chief Justice of India as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases.
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 national law. The Constitution in the formal sense is a solemn document containing a set of legal norms which may be changed only … Continue reading What is Constitution ?
► Codex ► Digesta ► Institutiones ► Novellae FIRST PREFACE ~ ON THE DRAFT NEW CODE (13 February 528 AD) ( P.-A. Tissot, The twelve books of the Code …, in-8, I, Metz, 1807, pp. 14-21 ). THE EMPEROR JUSTINIAN, TO THE SENATE OF THE CITY OF CONSTANTINOPLE. We have resolved to do for the … Continue reading Corpus Juris Civilis
AIR 1995 SC 2001 : (1995) 1 Suppl. SCR 542 : (1995) 4 Suppl. SCC 286 : JT 1995 (5) SC 1 : (1995) 4 SCALE 1 (SUPREME COURT OF INDIA) Most. Rev. P.M.A. Metropolitan and others Appellant Versus Moran Mar marthoma and another Respondent (Before: R. M. Sahai, B. P. Jeevan Reddy And S. … Continue reading Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]
AIR 2008 SC 1921 : (2008) 4 SCR 822 : (2008) 4 SCC 755 : JT 2008 (3) SC 336 : (2008) 3 SCALE 469 (SUPREME COURT OF INDIA) Gujarat Urja Vikash Nigam Ltd. Appellant Versus Essar Power Ltd. Respondent (Before : H. K. Sema And Markandey Katju, JJ.) Civil Appeal No. 1940 with 1941 … Continue reading Gujarat Urja Vikash Nigam Ltd.Versus Essar Power Ltd.[ALL SC 2008 MARCH]
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. Biological E. Ltd. and Ors. AIR 2000 SC 1869 this Court observed that a criminal complaint … Continue reading Where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed.
160578 : (2011) 13 SCALE 352 (SUPREME COURT OF INDIA) Narinder Singh Arora Appellant Versus State (Govt. of NCT of Delhi) and Others Respondent (Before : H.L. Dattu and Chandramauli Kr. Prasad, JJ.) Criminal Appeal No. 2184 of 2011 (Arising out of S.L.P. (Crl.) No. 2156 of 2011) : Decided On: 05-12-2011 Administration of Justice—Recusance … Continue reading Clarification “a person, trying a cause, must not only act fairly but must be able to act above suspicion of unfairness and bias”.
Calcutta High Court (Appellete Side) in BRC Construction Company Private Limited and another vs The State Of West Bengal And Others [Decided on 8 April, 2015 in W.P.L.R.T. No. 353 of 2014] Hon`ble Subhro Kamal Mukherjee held : (a) the State cannot resume any land, which is within ceiling limit, according to Section 6(3) of the Estates Acquisition … Continue reading Status of a post-vesting intermediary retaining any land under Section 6 is not that of a mere licensee, but that of a statutory tenant under West Bengal Estates Acquisition Act, 1953
EDITION 2018 Preliminary Part 1 – Arbitration Chapter I – General provisions Chapter II – Arbitration agreement Chapter III – Composition of arbitral tribunal Chapter IV – Jurisdiction of arbitral tribunals Chapter V – Conduct of arbitral proceedings Chapter VI – Making of arbitral award and termination of proceedings Chapter VII – Recourse against Arbitral Award … Continue reading The Arbitration and Conciliation Act, 1996
KEYWORDS: Alternative Dispute Resolution- Arbitration HELD:- A civil court exercising power under Section 89 CPC cannot refer a suit to arbitration unless all the parties to the suit agree to such reference. If the reference is to arbitration or conciliation, the court has to record that the reference is by mutual consent. If the reference is to any … Continue reading AFCONs Infrastructure Ltd. and AnOTHER Vs Cherian Varkey Construction Co. (P) Ltd. and OTHERS [ALL SC 2010 JULY ]
॥ भगवद्गीता शब्दार्थसूची ॥ ॐ (OM) = indication of the Supreme ॐ (OM) = the combination of letters om (omkara) ॐ (OM) = beginning with om ॐकार (OMkAra) = the syllable om अंश (a.nsha) = a part अंशः (a.nshaH) = fragmental particle अंशुमान् (a.nshumAn) = radiant अंशेन (a.nshena) = part अकर्तारं (akartAraM) = as the … Continue reading Sanskrit Dictionary of Bhagavadgita
The administrative control of subordinate judiciary has been conferred upon High Court, which is the highest Court at provincial level and is under constitutional obligation to see effective functioning of subordinate Courts by virtue of power conferred by Article 235 read with 227 of the Constitution. No similar power like Article 235, in respect to High Court is … Continue reading The administrative control of subordinate judiciary has been conferred upon High Court
KEYWORDS:-BAIL In deciding BAIL applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial. (2011) 13 SCALE 107 (SUPREME COURT OF INDIA) Sanjay Chandra Appellant Versus CBI Respondent (Before : H.L. Dattu and G.S. Singhvi, JJ.) Criminal Appeal No. 2178 of 2011 (Arising out … Continue reading Sanjay Chandra Versus CBI[ALL SC 2011 NOVEMBER]
KEYWORDS:- anticipatory bail- AIR 1980 SC 1632 : (1980) 3 SCR 383 : (1980) 2 SCC 565 : (1980) CriLJ SC 1125 (SUPREME COURT OF INDIA) Gurbaksh Singh Sibbia Appellant Versus The State of Punjab Respondent AND Sarbajit Singh and another Appellant Versus The State of Punjab Respondent (Before : Y. V. Chandrachud, C.J.I., P. N. … Continue reading Gurbaksh Singh Sibbia Versus The State of Punjab [ALL SC 1980 APRIL]
Keywords:- Reservation for admission- The Constitution 93rd Amendment Act, 2005, is valid and does not violate the “basic structure” of the Constitution so far as it relates to the State maintained institutions and aided educational institutions. AIR 2008 SCW 2899 : JT 2008 (5) SC 1 : (2008) 5 SCALE 1 : (2008) 6 SCC … Continue reading Ashoka Kumar Thakur Versus Union of India and OTHERS [ALL SC 2008 APRIL]
KEYWORDS:-SUIT- RIGHTS ON THE LAND-EXTINCTION OF OWNERSHIP RIGHT- DATE:- May 03, 2018 A right in the property once extinguished by operation of law, it cannot be revived unless the law itself provides for its revival in a particular situation. SUPREME COURT OF INDIA M/s. Eureka Builders & Ors. Vs. Gulabchand S/o. Veljee Dand (D) by LRS. … Continue reading M/s. Eureka Builders & Ors. Vs. Gulabchand S/o. Veljee Dand (D) by LRS. & Ors. Etc.[ALL SC 2018 MAY]
KEYWORDS:-Preliminary inquiry- DATE: 12 November, 2013- If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police … Continue reading Lalita Kumari vs Govt.Of U.P.& Ors[ALL SC 2013 NOVEMBER]
KEYWORD:-Notice before investigation- LETTER ROGATORY- AIR 1993 SC 1082 : (1992) 3 Suppl. SCR 594 : (1993) 4 Suppl. SCC 154 : JT 1992 Suppl. SC 255 : (1992) 3 SCALE 396 : (1993) CriLJ SC 859 (SUPREME COURT OF INDIA) Union of India and another Appellant Versus W.N. Chadha Respondent (Before: S. Ratnavel Pandian … Continue reading Union of India and another Vs W.N. Chadha[ ALL SC 1992 DECEMBER]
KEYWORDS:-Parliamentary Privilege-expulsion of the MLAs- JT 2010 (4) SC 350 : (2010) 4 SCALE 354 : (2010) 6 SCC 113 : (2010) 4 SCR 1105 (SUPREME COURT OF INDIA) Amarinder Singh Appellant Versus Special Committee, Punjab Vidhan Sabha and OTHERS Respondent (Before : K. G. Balakrishnan, C.J.,R. V. Raveendran,P. Sathasivam ,J. M. Panchal and R. … Continue reading Amarinder Singh Versus Special Committee, Punjab Vidhan Sabha and OTHERS[ ALL SC 2010 APRIL]
KEYWORDS:- SPECIAL COURT DATE:- 11-01-1952 AIR 1952 SC 75 : (1952) SCR 284 : (1952) CriLJ SC 510 (SUPREME COURT OF INDIA) The State of WEST BENGAL Appellant Versus ANWAR Ali SARKAR and another Respondent (Before : M. Patanjali Sastri, C.J.I., Saiyid Fazl Ali, Mehr Chand Mahajan, B. K. Mukherjea, S. R. Das, N. Chandrasekhara Aiyar … Continue reading STATE OF WEST BENGAL VS ANWAR ALI SARKAR[ ALL SC 1952 JANUARY]
中华人民共和国刑事诉讼法 (Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, and amended for the first time in according with the Decision on Amending the Criminal Procedure Law of the People’s Republic of China adopted at the Fourth Session of the Eighth National People’s Congress on March 17, 1996, and … Continue reading Criminal Procedure Law of the People’s Republic of China
KEYWORDS:-Suit for declaration and permanent injunction-Joint ownership and possession- DATE:-April 10, 2018 What is relevant for answering the matter in issue in the context of the application under Order VII Rule 11(d), is to examine the averments in the plaint. The plaint is required to be read as a whole. The defence available to the … Continue reading Chhotanben and ANR. Vs. Kiritbhai Jalkrushnabhai Thakkar and Ors[ALL SC 2018 APRIL]
KEYWORDS:-detention order – DATE:-April 10, 2018- The COFEPOSA Act did not require the detaining authority to mention the period of detention in the order of detention. When no period is mentioned in an order, the implication is that the detention is for the maximum period prescribed under the Act- ACT:-Section 3(1)(ii) of the Conservation of … Continue reading Secretary to Government of Tamil Nadu Public (Law and Order) Revenue Department & ANR Vs. Kamala & ANR[ALL SC 2018 APRIL]
KEYWORDS:-MURDER- CONVICTION-suspension of sentence pending appeal-BAIL DATE:- 12-05-2008. Initial presumption of innocence in favour of the accused, therefore, is no more available to the applicant. The mere fact that during the period of trial, the accused was on bail and there was no misuse of liberty, does not per se warrant suspension of execution of … Continue reading Sidhartha Vashisht alias Manu Sharma Versus State (NCT of Delhi)[ALL SC 2008 MAY]
KEYWORDS:-Acquittal – DATE:- March 12, 2018 The High Court should give due regard to the findings and the conclusions reached by the trial court unless strong and compelling reasons exist in the evidence itself which can dislodge the findings itself. motive becomes irrelevant in the presence of direct evidences The trial court noted that the victims … Continue reading Bannareddy & Ors. Vs. State of Karnataka & Ors.[ALL SC 2018 MARCH]