Keywords:-Receiver- Sale of Property- One thing is absolutely clear, namely, that the Code does not lay down any specific rules in respect of property which has been placed in custodia legis. AIR […]
Whereas suit was filed for recognition of right of easement and later on amendment sought in the plaint for introducing essential ingredients of easement – The amendment, if allowed at the appellate […]
28. Section 13 of the Press Council Act, 1978 specifies the objects and functions of the council. Section 13(2)(c) states: to ensure on the part of newspapers, news agencies and journalists, the […]
PROTECTED AND RESTRICTED AREAS 1. Under the Foreigners (Protected Areas) Order, 1958, all areas falling between the ‘Inner line’, as defined in the said order, and the International Border of the State have […]
All `murder’ is `culpable homicide’ but not vice-versa. Speaking generally, `culpable homicide’ sans ‘special characteristics of murder is culpable homicide not amounting to murder’. For the purpose of fixing punishment, proportionate to […]
Witness Protection Scheme,2018 :The New Paradigm Why this Scheme? “Witnesses are eyes and ears of the Court” In a society governed by a Rule of Law, it is imperative to ensure that investigation, […]
Whether refusal to have sexual intercourse for a long time without sufficient reason itself amounts to mental cruelty? SC Yes
Samar Ghosh vs Jaya Ghosh
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 […]
A retrospective operation is, therefore, not to be given to a statute so as to impair existing right or obligation, otherwise than as regards matter of procedure .unless that effect cannot be avoided without doing violence to the language of the enactment. Before applying a statute retrospectively the Court has to be satisfied that the statute is in fact retrospective. The presumption against retrospective operation is strong in .cases in which the statute, if operated retrospectively, would prejudicially affect vested rights or the illegality of the past transactions, or impair contracts, or impose new duty or attach new disability in respect of past transactions or consideration already passed.
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  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”.