Search results for ‘SC 1952

What is a substantial question of law- SC explained

What is a substantial question of law would certainly depend upon facts and circumstances of every case and if a question of law had been settled by the highest court of the country that question however important and difficult it may have been regarded in the past and however large may be its effect on any of the parties, would not be regarded as substantial question of law. In Raghunath Prasad v. Deputy Commissioner of Partabgarh [1927] 54 LA. 126 the Judicial Committee observed that a question of law to be considered a “substantial question of law” need not be one of general importance and it could be a substantial question “as between the parties”.

V. KISHAN RAO Vs. NIKHIL SUPER SPECIALITY HOSPITAL AND ANOTHER [ALL SC 2010 MARCH]

We are of the view that aforesaid directions are not consistent with the law laid down by the larger Bench in Mathew (supra). In Mathew (supra), the direction for consulting the opinion of another doctor before proceeding with criminal investigation was confined only in cases of criminal complaint and not in respect of cases before the Consumer Forum. The reason why the larger Bench in Mathew (supra) did not equate the two is obvious in view of the jurisprudential and conceptual difference between cases of negligence in civil and criminal matter. This has been elaborately discussed in Mathew (supra). This distinction has been accepted in the judgment of this Court in Malay Kumar Ganguly (supra) (See paras 133 and 180 at pages 274 and 284 of the report).

Code of Regulations for Anglo-Indian and other listed Schools 1993 – Govt of WB

Anglo-Indian school” means an institution, including all standards. and divisions thereof, established under the Code of Regulations for European (now Anglo-Indian) Schools in Bengal (now West Bengal), 1929 (hereinafter referred to in this Code as the existing Code) and continuing as such on the dale of coming into force of this Code, provided that such institution continues to fulfill the conditions for recognition laid down in this Code, and particularly in regulation 8.

STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION Vs. SHRI KALYAN SINGH (FORMER CM OF UP)[ALL SC 2017 APRIL]

A number of judgments have been cited including the celebrated Supreme Court judgment in Supreme Court Bar Association v. Union of India & Another, 1998 (4) SCC 409, in which a Constitution Bench of this Court held that Article 142 cannot authorize the Court to ignore the substantive rights of a litigant while dealing with the cause pending before it and cannot be used to supplant the substantive law applicable to the cause before this Court. A large number of other judgments following this judgment were also cited.

Mattapalli Chelamayya (dead) by his legal reps and anr Vs Mattapalli Venkataratnam (dead) by his legal reps and anr [SC 1972 JANUARY]

The partition of the immovable properties had been effected in about the middle of 1952 and the parties were since then in possession of the lands etc. which had been allotted to their share. The recital in the award is no more than a reference to an existing fact and does not purport to create or declare, by virtue of the award itself, right title or interest in immovable property.