Legal Principles

Abatement ab initio Abstention doctrine Abstraction principle (law) Acquiescence Act of state doctrine Ademption by satisfaction Agent of record Allhusen v Whittell Alternative liability Assignment of income doctrine Associated Provincial Picture Houses Ltd v Wednesbury Corp Assumption of risk Attractive nuisance doctrine Audi alteram partem Beneficium inventarii Benefit of the inventory Best interests Blue pencil… Read More Legal Principles

Unless there has been some violation of the principle of justice or some disregard of legal principles criminal appeal should not be entertained

Kapildeo Singh vs The King – First criminal appeal before the Supreme Court The essential question in a case under s. 147 is whether there was an unlawful assembly as defined in s. 141. I.P.C., of five or more than five persons. The identity of the persons comprising the assembly is a matter relating to the… Read More Unless there has been some violation of the principle of justice or some disregard of legal principles criminal appeal should not be entertained

Legality of Bharat Ratna Award

Decoration of ‘Bharat Ratna’ could be made to an individual only in case of some exceptional service rendered in the area of advancement of Art, Literature and Science and also in recognition of public service of the highest order, however, as per amended regulation, now the decoration of ‘Bharat Ratna’ can be made in recognition… Read More Legality of Bharat Ratna Award

An illegal search does not vitiate the seizure of the article

KEYWORDS:- Cow Slaughter JT 2011 (13) SC 333 : (2011) 13 SCALE 165 (SUPREME COURT OF INDIA) State of Haryana Appellant Versus Rajmal and Another Respondent (Before : Asok Kumar Ganguly and Jagdish Singh Khehar, JJ.) Criminal Appeal No. 2203 of 2011 (Arising out of SLP (Crl.) No. 372/2011) : Decided On: 25-11-2011 Punjab Prohibition… Read More An illegal search does not vitiate the seizure of the article

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.

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… Read More 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.

Principles for considering application for the Cancellation of Bail

 In ‘Kamar Singh Meena vs. State of Rajasthan’, reported in (2012) 12 SCC 180, it was observed that: “wherein it was observed that while cancelling bail under Section 439(2) of Cr.P.C., the primary considerations which weigh with the Court are whether the accused is likely to tamper with the evidence or interfere or attempt to interfere with… Read More Principles for considering application for the Cancellation of Bail

Art. 136 it has been given overriding power to grant special leave to appeal against orders of Court and tribunals which go against the principles of natural justice and lead to grave miscarriage of justice.

The Bharat Bank Ltd., Delhi vs The Employees of the Bharat Bank Ltd., Delhi and the Bharat Bank Employees’ Union, Delhi  Where the discretion is committed to any body or a tribunal exercising quasi judicial functions which are not fettered by ordinary rules of law, the tribunal should in the absence of any provision to the… Read More Art. 136 it has been given overriding power to grant special leave to appeal against orders of Court and tribunals which go against the principles of natural justice and lead to grave miscarriage of justice.