KEYWORDS:-SECTION 144 Under Section 144 is provided by the urgency of the situation and the power there under is intended to be availed of for preventing disorders, obstructions and annoyances with a […]
KEYWORDS:- independence of the judiciary DATE:-30.12.1982 AIR 1982 SC 149 : (1982) 2 SCR 365 : (1981) Suppl. SCC 87 : (1981) 4 SCALE 1974A (SUPREME COURT OF INDIA) S. P. Gupta Appellant […]
(14 of 1981) [29th March, 1981 An Act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of […]
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 […]
WBSSC (Selection of Persons for Appointment to the Posts of Teachers in Upper Primary Level) Rules, 2015
GOVERNMENT OF WEST BENGAL School Education Department (Secondary Branch) Bikash Bhavan, Salt Lake, Kolkata No. 485-SE(S)/1S-26/2010 (Part-I), dated the 3rd June, 2015 NOTIFICATION In exercise of the power conferred by clause (d) […]
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 […]
M.P. Act 37 of 1981 [Dated 16th September, 1981] Received the assent of the President on 16-9-1981; assent first published in the Madhya Pradesh Gazette (Extraordinary), dated 15-10-1981. An Act to make […]
A mutt in Hindu Law is a judicial person capable of holding and vindicating legal rights, through the medium of human agency: SC
The property belonging to a math is in fact attached to the office of the mahant, and passed by inheritance to no one who does not fill the office. The head of […]
West Bengal Act 23 of 1981. [10th August, 1981.] Assent of the Governor first published in the Calcutta Gazette, Extraordinary dated 10th August, 1981. An Act to provide for the reconstitution of […]
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
If property belongs to Government for acquisition of easementary right by prescription user of “30 years” is required.
It is settled principle of law that what has not been conferred in the plaint cannot be proved. Only right of easement by way of prescription has been pleaded, alleging that Plaintiff was using the land of Plot No. 164 for 20 years. It is pertinent to mention here that at the end of Section 15 of Indian Easement Act, 1882, which pertains to acquisition by prescription, it is specifically mentioned that if the property, over which a right is claimed, belongs to the Government, the word ’20 years’ shall be read as ’30 years’. As such, in respect of a Government land mere user for 20 years does not confer any easementary right by way of prescription to the Plaintiff, as he has nowhere pleaded that he used the land for 30 years or more.
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
26. There is no power of review with the Criminal Court after judgment has been rendered. The High Court can alter or review its judgment before it is signed. When an order […]
This Court held that a writ of certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals. It was further held that jurisdiction of High Court under Article 226 to issue a writ of certiorari is a supervisory jurisdiction and the High Court exercising it is not entitled to act as an appellate court.
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 […]
Conversion of land in Delhi (SUPREME COURT OF INDIA) Union of India and others Versus Dev Raj Gupta and others (Before: P. B. Sawant And K. Ramaswamy, JJ.) Civil Appeal No. 1996 […]
According to Section 433(A) that a prisoner who has been sentenced to death and whose death sentence has been commuted into one of imprisonment for life and persons who have been sentenced to imprisonment for life for an offence for which death is one of the punishments provided by law should undergo actual imprisonment of 14 years in Jail. We are referring to Section 433(A) in this judgment only for a limited purpose of showing that after the introduction of this section, the life convicts falling within the purview of Section 433(A) has to undergo the mandatory minimum 14 years of actual imprisonment. It may be mentioned at this juncture that no one has got a vested right to claim premature release on the ground that he has suffered the minimum actual imprisonment as prescribed under Section 433(A) because a sentence of ‘imprisonment for life’ is incarceration until death, that is, for the remaining period of convicted prison’s actual life
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).
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