The Mohomedan law, on a question of what is legal cruelty between Man and Wife, would probably not differ materially from our own of which one of the most recent exposition is the following:- There must be actual violence of such a character as to endanger personal health or safety; or there must be a reasonable apprehension of it’
KEYWORDS:- APPLICATION OF SECTION 5 IN CRIMINAL MATTER- In a case where an application for special leave to appeal from an order of acquittal is filed after the coming into force of […]
Doctrine of separation of powers- DATE:- 07-11-1975 When the constituent power exercises powers the constituent power comprises legislative, executive and judicial powers. All powers flow from the constituent power through the Constitution […]
SYLLABUS OF WRITTEN EXAMINATION FOR THE POST OF HEADMASTERS /HEADMISTRESSES OF HIGH / HIGHER SECONDARY SCHOOLS – WEST BENGAL
Paper-I be of three parts:- Part-A of 15 marks consisting of Subjective/ Short Essay Type questions to be answered in English only, Part-B of 15 marks consisting of Subjective/ Short Essay Type […]
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 […]
[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 […]
Published Vide G.S.R. 142, dated 1.2.1975, published in the Gazette of India, dated 1.2.1975. In exercise of the powers under section 23 of the Contempt of Courts Act, 1971 read with article […]
How can there be a rule of law society if members, bulk of whom are poor and unable to decode law to obey it? SC
The rule of law is the cornerstone of democracy and how can there be a rule of law society if the members, the bulk of whom are too poor to buy legal […]
Victim voluntarily moved with accused and last seen together, no probability of abduction, intention doubtful, conviction modified murder to homicide -SC
SUPREME COURT OF INDIA FULL BENCH ( Before : Y. V. Chandrachud, J; M. Hameedullah Beg, J; A. C. Gupta, J ) KUNDAN SINGH — Appellant Vs. DELHI ADMINISTRATION — Respondent Criminal […]
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
Supreme Court recommend the Union of India to seriously consider bringing an amendment in the Hindu Marriage Act, 1955 to incorporate irretrievable breakdown of marriage as a ground for the grant of […]
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.
SCHEDULED BANKS UNDER RBI ACT Ajodhia Bank, Fyzabad, Allahabad Bank. American Express Banking Corp. American Express International Banking Corporation. Andhra Bank, Masulipatam. Bank of America, National Association. Bank of Baroda Bank of […]
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
SEPTEMBER 07, 2018 : Ordinarily wherever the word ‘substitute’ or ‘substitution’ is used by the legislature, it has the effect of deleting the old provision and make the new provision operative. The process of substitution consists of two steps: first, the old rule is made to cease to exist and, next, the new rule is brought into existence in its place. The rule is that when a subsequent Act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then the earlier Act must thereafter be read and construed as if the altered words had been written into the earlier Act with pen and ink and the old words scored out so that thereafter there is no need to refer to the amending Act at all. No doubt, in certain situations, the Court having regard to the purport and object sought to be achieved by the Legislature may construe the word “substitution” as an “amendment” having a prospective effect.
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.
Social justice perspectives are integral to industrial jurisprudence – High-cost allowance as a component of D. A. is permissible in principle-SC
On a careful consideration of all the relevant factors, in my opinion, the dearness allowance paid to the PBI (Precision Bearings India) workmen at the minimum. level of basic pay from Rs. 26-upto Rs. 100-should be from 80 per cent, of the textile D.A. to 89 per cent, of the textile D.A. phased over a period of three years. The dearness allowance in the higher pay scale of Rs. 101-to Rs. 200- should be-40 per cent and in the still higher slab of Rs. 201 and above, should be 20 per cent, the percentage for the higher two slabs remaining the same.
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 […]