An admission is not conclusive as to the truth of the matter stated therein. It is only a piece of evidence, the weight to be attached to which must depend on the […]
Under the Hindu law, an idol is a juristic person capable of holding property and the properties endowed for the institution vest in it.
The amount awarded u/s 125 of Cr.P.C. for maintenance is adjustable against the amount awarded in matrimonial proceedings- SC
In the case of Sudeep Chaudhary vs Radha Chaudhary – AIR 1999 SC 536, wife had filed an application under Section 125 of Code of Criminal Procedure and was awarded the maintenance […]
In case of the partition suit, all the parties are to be treated as plaintiffs. Even if any preliminary decree would have been passed by this court in this suit based on the said affidavit dated 15th October, 1985 under Order 20 Rule 18 read with sections 151 to 153 of the Code of Civil Procedure, 1908, court has ample power to pass more than one preliminary decree or to modify the preliminary decree prior to passing of the final decree having regard to change of supervening circumstances.
M.V. ELISABETH AND OTHERS Vs. HARWAN INVESTMENT AND TRADING PVT. LTD., HANOEKAR HOUSE, SWATONTAPETH, VASCO-DE-GAMA, GOA
(1993) AIR(SCW) 177 : (1993) AIR(SC) 1014 : (1992) 2 JT 65 : (1992) 1 SCALE 490 : (1993) Sup2 SCC 433 : (1992) 1 SCR 1003 SUPREME COURT OF INDIA DIVISION […]
NINTH SCHEDULE (Article 31B) 1. The Bihar Land Reforms Act, 1950 (Bihar Act XXX of 1950). 2. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act LXVII of 1948). 3. The […]
SECOND SCHEDULE (Articles 59(3), 65(3), 75(6), 97, 125, 148(3), 158(3), 164(5), 186 and 221) PART A PROVISIONS AS TO THE PRESIDENT AND THE GOVERNORS OF STATES [***]. 1. There shall be paid […]
[FIRST SCHEDULE] [Articles 1 and 4] THE STATES Name Territories 1. Andhra Pradesh [The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section (1) of section […]
Prostitution means the act of a female offering her body for promiscuous sexual intercourse for hire, whether in money or in kind, and whether offered immediately or otherwise, and the expression ‘prostitute’ shall be construed accordingly. The word ‘promiscuous’,. it excludes intercourse which a person may have with a permanently kept concubine. The import of that word is that the woman or girl offering her body offers it for hire to anyone who desired it for sexual intercourse.
If a party in Trial or appeal or revision dies and right to sue survives the L.Rs must be substituted otherwise suit shall be abated-SC
SUPREME COURT OF INDIA DIVISION BENCH ( Before : D. A. Desai, J; Baharul Islam, J ) BIBI RAHMANI KHATOON AND OTHERS — Appellant Vs. HARKOO GOPE AND OTHERS — Respondent
Whether refusal to have sexual intercourse for a long time without sufficient reason itself amounts to mental cruelty? SC Yes
26/3/2007-Samar Ghosh vs Jaya Ghosh-Law of divorce based mainly on fault is inadequate to deal with a broken marriage. Under the fault theory, guilt has to be proved; divorce courts are presented concrete instances of human behaviour as bring the institution of marriage into disrepute.
A joint Hindu family under Dayabhaga is, like a Mitakshara family, normally joint in food, worship and estate-SC
The differences between the Mitakshara and Dayabhaga schools on the birth-right of coparceners and the rules of inheritance have no bearing on the issues arising in this appeal, particularly on the question […]
The examination will comprise two successive parts :– Part – I : Written Examination; Part – II : Personality Test. Part-I. Written Examination. – The written examination shall consist of following nine […]
ACT NO. 38 OF 1974. [1st September, 1974.] An Act to provide, in the interests of national economic development, for the compulsory deposit of additional emoluments and for the framing of a […]
Now repealed (1 OF 1956) [18th January, 1956] An Act to consolidate and amend the law relating to companies and certain other associations. Be it enacted by Parliament in the Sixth Year […]
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).
COMPETITION COMMISSION OF INDIA Vs. CO-ORDINATION COMMITTEE OF ARTISTS AND TECHNICIANS OF W.B. FILM AND TELEVISION [ALL SC 2017 MARCH]
While identifying the relevant market in a given case, the CCI is required to look at evidence that is available and relevant to the case at hand. The CCI has to define […]
The apex court’s five-judge Constitution bench was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it as manifestly arbitrary, archaic and violative of the rights to equality and equal opportunity to women
A decree obtained by fraud cannot be used as res judicata and the same can be challenged by a separate Suit-SC
RAM CHANDRA SINGH VS
SAVITRI DEVI AND OTHERS – judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.
THE WEST BENGAL BACKWARD CLASSES (OTHER THAN SCHEDULED CASTES AND SCHEDULED TRIBES) (RESERVATION OF VACANCIES IN SERVICES AND POSTS) ACT, 2012.
Other Backward Classes” shall mean such classes of citizens as specified in Schedule I, other than Scheduled Castes and Scheduled Tribes, and includes such classes as the State Government may, by notification in the Official Gazette, specify from time to time
The main question which needs determination is whether part of the scheme mentioned before introduced by the Reserve Bank of India is violative of guarantee of equality before law and of equal opportunity in public employment as enshrined in Articles 14 and 16 of the Constitution. The High Court noted that the point arose at the instance of three petitioners who were Grade II working at Nagpur branch of Reserve Bank ever since their employment which commenced somewhere between 1960 to 1965.
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10972 OF 2013 (Arising out of SLP (C) No.15436 of 2009) Suresh Kumar Koushal & Anr vs Naz Foundation & Ors Decided on: […]
We conclude that the National Commission has jurisdiction to decide the dispute between the parties and it is a Court and that there was deficiency in service by the Appellant-carrier.
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.
Hyderabad Jagirdars Debt Settlement Act, 1952—Sections 11 and 25—Mortgage executed in favour of bank. AIR 1972 SC 1053 : (1972) 3 SCR 157 : (1972) 1 SCC 530