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
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
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
Every accused is presumed to be innocent unless his guilt is proved. The Presumption of innocence is human right.
… Read More The fundamental principles of criminal jurisprudence that an accused is presumed to be innocent till he is proved to be guilty.
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
Persons qualified for admission as advocates.– Subject to the provisions of this Act and the rules made thereunder, a person shall be qualified to be admitted as an advocate if he fulfils the following conditions, namely:- (a) he is a citizen of Pakistan or a person deriving his nationality from the State of Jammu and Kashmir… Read More LEGAL PRACTITIONERS AND BAR COUNCILS ACT, 1973 [PAKISTAN]
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.
In the case of Associated Hotels of India Ltd., Delhi vs. S. B. Sardar Ranjit Singh, AIR 1968 SC 933,Apex Court held that when eviction is sought on the ground of subletting, the onus to prove subletting is on the landlord. It was further held that if the landlord prima facie shows that the third… Read More The legal position of sub-tenant under Indian Law
To treat an imaginary state of affairs as real. In Bhavnagar University v. Palitana Sugar Mill (P) Ltd. and Ors., (2003) 2 SCC 111, it was held that the purpose and object of creating a legal fiction in the statute is well known and when a legal fiction is created, it must be given its… Read More Legal fiction [Meaning]
KEYWORDS:-Legal glossary-Dictionary- A Acquittal-A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction. Discharge from the Criminal charge. Active judge-A judge in the full-time service of the court. Compare to a senior judge. Administrative Office of the United States Courts… Read More American Basic Legal Terms
Litigant is a person about to give up his skin for the hope of retaining his bones. God works wonders now and then; Behold a lawyer, an honest man. America is a country where the Olympics and the divorce lawyers both have the same slogan – Go for the Gold. If there were no bad… Read More Legal Quotations
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
Payment of back wages having a discretionary element involved in it has to be dealt with, in the facts and circumstances of each case and no straight jacket formula can be evolved, though, however, there is statutory sanction to direct payment of back wages in its entirety. Hindustan Tin Works (Pvt.) Ltd vs. Employee of… Read More Principles of Awarding Back Wages
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.