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 […]
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 […]
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 the gravity of the generic offence, the IPC practically recognizes three degrees of culpable homicide. The first is, what may be called, `culpable homicide of the first degree’. This is the gravest form of culpable homicide, which is defined in Section 300 as `murder’.
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”.
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)
New York Convention Article I 1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition […]
The Signatories of Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)
State Date of accession Israel 05/01/1959 Morocco 12/02/1959 Egypt 09/03/1959 Syrian Arab Republic 09/03/1959 France 26/06/1959 Thailand 21/12/1959 Cambodia 05/01/1960 India 13/07/1960 Russian Federation 24/08/1960 Ukraine 10/10/1960 Belarus 15/11/1960 Norway 14/03/1961 Austria […]
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 expression ‘tenant’ includes ‘a tenant continuing in possession after the termination of the tenancy in his favour’. It thus includes, by express provision, a quondam tenant whose nexus with the property is continuance in possession. The fact that a decree or any other process extinguishes the tenancy under the general law of real property does not terminate the status of a tenant under the Act having regard to the carefully drawn inclusive clause. Even here, we may mention by way of contrast that Subudhi’s case (supra) related to a statute where the definition in Section 2(5) of that Act expressly included “any person against whom a suit for ejectment is pending in a court of competent jurisdiction” and more pertinent to the point specially excluded “a person against whom a decree or order for eviction has been made by such a court.
In accordance with British jurisprudence, no member of the executive can interfere with the liberty or property of a British subject except on the condition that he can support the legality of his action before a Court of justice. And it is the tradition of British justice that Judges should not shrink from deciding such issues in the face of the executive
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 […]
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: […]
whether the Industrial Tribunal, when it declined to grant the permission asked for by the appellant, has in any manner acted contrary to the principles referred to by Mr. Anand and set out above.