Hindu Marriage Act, 1955, did not prohibit a valid Hindu marriage of a Hindu and another professing a different faith, Supreme Court was unable to agree with such submission in view of the definite scheme of the 1955 Act.
The court may not have a suo motu power to amend a decree but the same would not mean that the court cannot rectify a mistake. If a property was subject matter […]
In a civil suit, the trial begins when issues are framed and the case is set down for recording of evidence.
AIR 2008 SC 1921 : (2008) 4 SCR 822 : (2008) 4 SCC 755 : JT 2008 (3) SC 336 : (2008) 3 SCALE 469 (SUPREME COURT OF INDIA) Gujarat Urja Vikash […]
M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]
KEYWORDS:- APPLICABILITY OF LIMITATION LAW IN ARBITRATION AIR 2008 SCW 4182 : JT 2008 (6) SC 22 : (2008) 6 SCALE 748 : (2008) 7 SCC 169 (SUPREME COURT OF INDIA) M/s. […]
KEYWORDS:-Lok Adalat- AIR 2008 SC 1209 : (2008) 1 SCR 922 : (2008) 2 SCC 660 : JT 2008 (2) SC 83 : (2008) 2 SCALE 52 (SUPREME COURT OF INDIA) State […]
M/s. K. B. Saha and Sons Pvt. Ltd. Appellant Versus M/s. Development Consultant Ltd [ALL SC 2008 MAY]
KEYWORDS:- UNREGISTERED DEED RATIO DECIDENDI : A document required to be registered is not admissible into evidence under Section 49 of the Registration Act. 2. Such unregistered document can however be used […]
Keywords:- Reservation for admission- The Constitution 93rd Amendment Act, 2005, is valid and does not violate the “basic structure” of the Constitution so far as it relates to the State maintained institutions […]
KEYWORDS:-MURDER- CONVICTION-suspension of sentence pending appeal-BAIL DATE:- 12-05-2008. Initial presumption of innocence in favour of the accused, therefore, is no more available to the applicant. The mere fact that during the period […]
KEYWORDS:-Reservation for admission in educational institutions- DATE : 10.04.2018 The Constitution 93rd Amendment Act, 2005, is valid AIR 2008 SCW 2899 : JT 2008 (5) SC 1 : (2008) 5 SCALE 1 […]
KEYWORDS-DEFAMATION-those who plead exception must prove it- DATE:- 07-11-2008 AIR 2009 SC 341 : (2008) 15 SCR 642 : (2009) 1 SCC 101 : JT 2008 (11) SC 638 : (2008) 14 SCALE […]
KEYWORDS:-non-filing of a replication-proving a will- DATE:- 03-12-2008. AIR 2009 SC 951 : (2008) 16 SCR 1117 : (2009) 1 SCC 354 : JT 2008 (13) SC 380 : (2008) 15 SCALE […]
KEYWORDS:- Cheque issued towards the compromise of a Complaint bounced- If the cheque was issued in terms of the compromise, it did not create a new liability. As the compromise did not […]
KEYWORDS:- Revision by private person – Jurisdiction of the High Court to entertain revision against acquittal is not barred, but is severally restricted. The High Court, in its revisional power, would not, […]
Keywords:- Re-examination of the witnesses AIR 2008 SCW 6398 : (2008) CriLJ SC 4690 : (2008) 10 SCALE 648 : (2008) 11 SCC 108 (SUPREME COURT OF INDIA) Godrej Pacific Tech. Ltd. […]
KEYWORDS:-Adverse Possession- Plea of adverse possession is not a pure question of law but a blended one of fact and law. Therefore, a person who claims adverse possession should show : (a) […]
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 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 […]
In a recent pronouncement in Siddharth Vashisht @ Manu Sharma V. State (NCT of Delhi) (supra) to which one of us (Sathasivam, J) was a party, the role of a public prosecutor […]