KEYWORDS: venereal disease-ground for divorce AIR 1999 SC 495 : (1998) 1 Suppl. SCR 723 : (1998) 8 SCC 296 : JT 1998 (7) SC 626 : (1998) 6 SCALE 230 (SUPREME […]
KEYWORDS:- GOVERNMENT PREMISES- AIR 1998 SC 1738 : (1998) 2 SCR 599 : (1998) 4 SCC 277 : JT 1998 (3) SC 23 : (1998) 2 SCALE 593 (SUPREME COURT OF INDIA) […]
Crime and Disorder Act 1998 1998 CHAPTER 37 An Act to make provision for preventing crime and disorder; to create certain racially-aggravated offences; to abolish the rebuttable presumption that a child is […]
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 […]
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 […]
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
Interpretation of Will-Whether taking into account the document in question and all the relevant facts into consideration it could be said that the donor intended to confer the right over the property […]
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 […]
It is settled legal position that court is to respond only to issue agitated before it and in case at the time of hearing issue was not taken the court cannot deal with it-SC
(2010) 96 AIC 241 : (2011) AIR(SC)Civil 53 : (2010) 6 ALLMR(SC) 949 : (2011) 2 AllWC 1592 : (2010) 83 ALR 709 : (2010) 3 ARC 632 : (2011) 2 ICC […]
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.
STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION Vs. SHRI KALYAN SINGH (FORMER CM OF UP)[ALL SC 2017 APRIL]
A number of judgments have been cited including the celebrated Supreme Court judgment in Supreme Court Bar Association v. Union of India & Another, 1998 (4) SCC 409, in which a Constitution Bench of this Court held that Article 142 cannot authorize the Court to ignore the substantive rights of a litigant while dealing with the cause pending before it and cannot be used to supplant the substantive law applicable to the cause before this Court. A large number of other judgments following this judgment were also cited.
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 […]
September 05, 2018: Section 42 OF NDPS ACT-An empowered officer under Section 42(1) is obligated to reduce to writing the information received by him, only when an offence punishable under the Act has been committed in any building, conveyance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, including recording of information received by the empowered officer, is not mandatory, when an offence punishable under the Act was not committed in a building, conveyance or an enclosed place. Section 43 is attracted in situations where the seizure and arrest are conducted in a public place, which includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public-CONVICTION UPHELD.
The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape. Definition of “rape” as contained in Section 375, IPC refers to “SEXual intercourse” and the Explanation appended to the Section provides that penetration is sufficient to constitute the SEXual intercourse necessary to the offence of rape. Intercourse means SEXual connection. In the instant case that connection has been clearly established. Courts below were perfectly justified in their view.
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: […]