KEYWORDS:- PAROLE- AIR 1987 SC 1383 : (1987) 2 SCR 1123 : (1987) 3 SCC 347 : JT 1987 (2) SC 204 : (1987) 1 SCALE 849 : (1987) CriLJ SC 1130 […]
Keywords: Ancillary power-Incidental power-Doctrine of Ultra vires when a power is conferred on a statutory authority such power will also include other incidental or ancillary powers without the exercise of which the […]
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 […]
NOTIFICATION NO. 7811-F.S./FS/4F-25/82 PT. II, DATED 20-7-1987 In exercise of the powers conferred by sub-section (2) of section 30 of the Consumer Protection Act, 1986 (68 of 1986), the Governor is pleased […]
1. Short title, extent and commencement 2. Definitions 2A. State Governments to recognise a laboratory as an appropriate Laboratory 3. The Constitution of the Central Consumer Protection Council and the Working Groups 4. […]
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 […]
Tamil Nadu Act 49 of 1987 Received the assent of the Governor on 1987 and published in Part IV-Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 27th May, 1987. […]
The Maharashtra Local Authority Members’ Disqualification Act, 1987 is applicable to the members elected in the Municipal Council, This Act defines the Councillor means Councillor of the Municipal Corporation or the Municipal […]
School violence has been a persistent problem in the United States. For example, on January 29, 1979, a 16-year-old opened fire on Grover Cleveland Elementary School in San Diego, CA. She killed two adults […]
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”.
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 […]
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 […]
Notification No. F. 3(36)-FSD/82 (II), dated the 26th September, 1987. – In exercise of the powers conferred by sub-section (2) of Section 30 of the Consumer Protection Act, 1986 (68 of 1986), […]
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 a res judicata and the same can be challenged by a separate Suit-SC
The 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.