M. K. Gopalan and another Versus The State of MADHYA PRADESH [ALL SC 1953 APRIL]

KEYWORDS:-SANCTION FOR PROSECUTION AIR 1954 SC 362 : (1955) 1 SCR 168 : (1954) CriLJ SC 1012 (SUPREME COURT OF INDIA) M. K. Gopalan and another Appellant Versus The State of MADHYA PRADESH Respondent (Before : B. K. Mukherjea, S. R. Das, N. H. Bhagwati, B. Jagannadhadas And T. L. Venkatarama Ayyar, JJ.) Petition No.… Read More M. K. Gopalan and another Versus The State of MADHYA PRADESH [ALL SC 1953 APRIL]

Mahadev Dhanappa Gunaki and another Vs The State of Bombay[ALL SC 1953 FEBRUARY]

KEYWORDS:-Illegal gratification-  AIR 1953 SC 179 : (1953) CriLJ SC 902 (SUPREME COURT OF INDIA) Mahadev Dhanappa Gunaki and another Appellant Versus The State of Bombay Respondent (Before : Mehr Chand Mahajan, S. R. Das And Ghulam Hasan, JJ.) Criminal Appeal No. 66 of 1951, Decided on : 04-02-1953. Bribe—Delay in action—Substantial period of time… Read More Mahadev Dhanappa Gunaki and another Vs The State of Bombay[ALL SC 1953 FEBRUARY]

BALAJI RAGHAVAN AND S.P. ANAND  Vs. UNION OF INDIA [ ALL SC 1995 DECEMBER]

Bharat Ratna and Padma awards are not “titles” within Article 18 of the Constitution of India. These awards can be given to the citizens for exceptional and distinguished services rendered in art, literature, science and other fields. These awards are national in character and only those who have achieved distinction at national level can be considered for these awards. The question to be considered, however, is whether the purpose of instituting these awards is being achieved and these are being conferred on the deserving persons. The history and experience shows that, in the beginning, these awards were given to a limited number of persons but in the recent years there have been floodgates of awards for the persons who are well known, lesser known and even unknown. The Padma awards have been conferred on businessmen and industrialists who have multiplied their own wealth and have hardly helped the growth of national interest. Persons with little or no contribution in any field can be seen masquerading as Padma awardees. The existing procedure for selection of candidates is wholly vague and is open to abuse at the whims and fancies of the persons in authority. Conferment of Padma awards without any firm guidelines and fool-proof method of selection is bound to breed nepotism, favoritism, patronage and even corruption.… Read More BALAJI RAGHAVAN AND S.P. ANAND  Vs. UNION OF INDIA [ ALL SC 1995 DECEMBER]

Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

September 6, 2018:-SECTION 377of IPC-Homosexuality-It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent,… Read More Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

Scope of an irrevocable letter of credit explained by Supreme Court

An irrevocable letter of credit has a definite implication. It is a mechanism of great importance in international trade. Any interference with that mechanism is bound to have serious repercussions on the international trade of this country. Except under very exceptional circumstances, the Courts should not interfere with that mechanism. There is this to be… Read More Scope of an irrevocable letter of credit explained by Supreme Court

Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]

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.… Read More Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]

S. A. Venkataraman Versus Union of India and another [ALL SC 1954 MARCH]

KEYWORDS:- Double Jeopardy- It is a well-established principle of English law that, except where it is otherwise provided by a statute, all public officers and servants of the Crown hold their appointments at the pleasure of the Crown. Their services can be terminated without assigning any reason and even if any public servant considers that he… Read More S. A. Venkataraman Versus Union of India and another [ALL SC 1954 MARCH]

Rights of an intermediary under West Bengal Estate Acquisition Act 1953

under section 6 of the West Bengal Estate Acquisition Act 1953 Right of  intermediary  to retain certain lands:- (1) Notwithstanding anything contained in sections 4 and 5, an intermediary shall, except in the cases mentioned in the proviso to sub-section (2) but subject to the other provision to  that sub-section, be entitled to retain with effect… Read More Rights of an intermediary under West Bengal Estate Acquisition Act 1953

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

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… Read More 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