KEYWORDS:-family arrangements-partial enforcement of contract instead of refusal of specific performance in its entirety- ” the award did not create any right, title or interest in the appellant for the first time, […]
KEYWORDS:- Power of dissolving of the Legislative Assembly-CENTRE STATE RELATIONSHIP- DATE :- 11-03-1994. ACTS :- ARTICLE 356 OF THE INDIAN CONSTITUTION AIR 1994 SC 1918 : (1994) 2 SCR 644 : (1994) […]
Keywords:- Cow Slaughter- Slaughtering of healthy cows on Bakri Idd is not essential or required for religious purpose of Muslims or in other words it is not a part of religious requirement […]
Keywords: Adverse possession- Ayodhya Dispute- Ram Janma Bhumi-Babri Masjid-Mahomedan Law- AIR 1995 SC 605 : (1994) 6 SCC 360 : JT 1994 (6) SC 632 : (1994) 2 Suppl. SCALE 100 (SUPREME COURT […]
Identification of members of Scheduled Tribes. – Any person belonging to any of the tribes or tribal communities or parts of or groups within tribes or tribal communities, specified in Part XII of the Schedule to the Constitution (Scheduled Tribes) Order, and resident in the locality specified in relation to him in that Part of such Schedule, may be identified, by a certificate, to be a member of the Scheduled Tribes.
Keywords:- Social justice The right which has been conferred by one hand cannot be taken away by another; nor can the right be converted to a husk. The golden triangle of our […]
In case of inordinate delay in lodging FIR, Court may reject the case if delay is not satisfactorily explained-SC
CRIMINAL – Sections 365 and 352 of the Indian Penal Code – Normally, the Court may reject the case of the prosecution in case of inordinate delay in lodging the first information report because of the possibility of concoction of evidence by the prosecution. However, if the delay is satisfactorily explained, the Court will decide the matter on merits without giving much importance to such delay. The Court is duty bound to determine whether the explanation afforded is plausible enough given the facts and circumstances of the case. The delay may be condoned if the complainant appears to be reliable and without any motive for implicating the accused falsely – SUPREME COURT OF INDIA [ March 29, 2019 ]
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 […]
Metropolitan area – means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more Municipalities or Panchyats or other contiguous […]
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 […]
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 […]
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 […]
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
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.