We have noted with concern that the Special Court has unnecessarily spent valuable public time in writing the lengthy judgment for disposing of the claims of the appellants which, we feel, could have been decided by a brief but speaking orders. Brevity of orders on application of mind and not the length of the order is the criterion for adjudicating the rights of the parties which are otherwise subject to the decision of a Civil Court.
Keywords:-Justification and propriety AIR 2001 SC 972 : (2001) 1 SCR 959 : (2001) 3 SCC 54 : JT 2001 (2) SC 397 : (2001) 1 SCALE 685 : (2001) CriLJ SC […]
AIR 2001 SC 2383 : (2001) 3 SCR 777 : (2001) 6 SCC 118 : JT 2001 (5) SC 280 : (2001) 4 SCALE 241 : (2001) CriLJ SC 3302 (SUPREME COURT […]
KEYWORDS:- MAINTENANCE OF MUSLIM WIFE DATE: 28 September, 2001 ACTS:- Muslim Women (Protection of Rights on Divorce) Act, 1986-Section 125 CrPC. Supreme Court of India Danial Latifi & Anr vs Union Of India Author: […]
KEYWORDS:-Rectification of divorce decree- DATE:- 28-02-2001 ACTS:- Special Marriage Act, 1954—Section 28-CPC SECTION 152 AIR 2001 SC 1084 : (2001) 2 SCR 207 : (2001) 4 SCC 181 : JT 2001 (3) SC […]
KEYWORDS:- PRIVATE PROSECUTOR- VICTIM-NOTICE- The said provision falls within the Chapter titled General Provisions as to Inquiries and Trials. When such a role is permitted to be played by a private person, […]
Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.
In case of the partition suit, all the parties are to be treated as plaintiffs. Even if any preliminary decree would have been passed by this court in this suit based on the said affidavit dated 15th October, 1985 under Order 20 Rule 18 read with sections 151 to 153 of the Code of Civil Procedure, 1908, court has ample power to pass more than one preliminary decree or to modify the preliminary decree prior to passing of the final decree having regard to change of supervening circumstances.
The Shetty Commission has recommended assured career progressive scheme and functional scales. We have accepted the said recommendation and a suggestion was mooted to the effect that in order that a judicial officer does not feel that he is stagnated, there should be a change in the nomenclature with the change of the pay scale.
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 ]
The scope of interference in the matter of policy framed by the Government by courts is well settled. The Hon’ble Supreme Court in the decision reported in (2001) 3 SCC 635 (Ugar […]
It is well settled that court fee has to be paid on the plaint as framed and not on plaint as it ought to have been framed -SC
SUPREME COURT OF INDIA DIVISION BENCH ( Before : R. C. Lahoti, J; Brijesh Kumar, J ) KAMALESHWAR KISHORE SINGH — Appellant Vs. PARAS NATH SINGH AND OTHERS — Respondent Decided on […]
In State of U.P. and Another v. Kamla Palace, (2000) 1 SCC 557, this Court, while considering a fiscal statute in relation to Article 14 of the Constitution, has stated as under: […]
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.
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 […]
It is a settled principle of law that in order to prove that the possession of any person in any immovable property is legal, it is necessary for such person to prove prima facie that he is either the owner of such property or is in possession as a lawful tenant or is in its permissive possession with the express consent of its true owner. Such is not the case here.
The mandate of Section 167 Criminal Procedure Code, 1973 postulates that there cannot be any detention in police custody, after the expiry of the first 15 days, so far as an accused […]
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
JT 2011 (13) SC 319 : (2011) 13 SCALE 75 (SUPREME COURT OF INDIA) Shiv Shankar Singh Versus State of Bihar and Another (Before : B.S. Chauhan and T.S. Thakur, JJ.) Criminal […]