KEYWORDS:-STRIDHAN – DOMESTIC VIOLENCE- DATED:-November 20, 2015- ACT: Domestic Violence Act As long as the status of the aggrieved person remains and stridhan remains in the custody of the husband, the wife can always put forth her claim under Section 12 of the 2005 Act. SUPREME COURT OF INDIA Krishna Bhatacharjee Vs. Sarathi Choudhury and… Read More Krishna Bhatacharjee Vs. Sarathi Choudhury and ANR [SC 2015 November]
Keywords:-Challenging a statute Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2) Sections 95 and 96 of the Criminal Procedure Code reveal a certain degree of sensitivity to the fundamental right to free speech and expression It is well… Read More Shreya Singhal vs U.O.I [SC 2015]
A. Prabhakara Reddy & Co. Vs. State of Madhya Pradesh & Ors. [August 24, 2015] A. Raghu, Son of Rajaiah Vs. Govt. of Andhra Pradesh & Others [March 26, 2015] A.C. Narayanan Vs. State of Maharashtra & ANR. [JANUARY 28, 2015] A.N. Sachdeva (dead) by LRS. & Ors. Vs. Maharshi Dayanand University, Rohtak & ANR.… Read More Supreme Court Judgments Index-[SC 2015]
09-10-2017 Inherent Power of Supreme Court under Article 142 of Indian Constitution This court in a series of judgments has exercised its inherent powers under Article 142 of the Constitution for dissolution of a marriage where the Court finds that the marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even… Read More SUKHENDU DAS Versus RITA MUKHERJEE [2015 SC]
Law Library SECURITIES AND EXCHANGE BOARD OF INDIA (LISTING OBLIGATIONS AND DISCLOSURE REQUIREMENTS) REGULATIONS, 2015 No.SEBI/LAD-NRO/GN/2015-16/013In exercise of the powers conferred by section 11, subsection (2) of section 11A and section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) read with section 31 of the Securities Contracts (Regulation) Act,… Read More Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015
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 in favour of the legal representatives of the aforementioned three persons to the extent of 1/3rd each—–HELD : whether he wants the property… Read More Sivasankar V.K. Vs. V.K. Sivan and Others [ALL SC 2018 November]
This Court held that a writ of certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals. It was further held that jurisdiction of High Court under Article 226 to issue a writ of certiorari is a supervisory jurisdiction and the High Court exercising it is not entitled to act as an appellate court.… Read More Pratap Mehta Vs. Sunil Gupta & Ors.[ALL SC 2018 November]
That is the only way to have the record corrected. If no such step is taken, the matter must necessarily end there. of course a party may resile and an Appellate Court may permit him in rare and appropriate cases to resile from a concession on the ground that the concession was made on a wrong appreciation of the law and had led to gross injustice; but, he may not call in question the very fact of making the concession as recorded in the judgment… Read More What to do if a Judge recorded wrong submission and something not submitted at all-SC
Whenever a private complaint is lodged, the learned Magistrates have to go through the contents of the complaint in order to ascertain whether plain and broad reading of the allegations made in the complaint constitute any offence under any penal law for the time being in force, then only, the learned Magistrates are empowered to… Read More Magistrates before taking cognizance should apply their mind to ascertain as to whether there is any legal bar to take cognizance
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… Read More Joseph Shine Vs. Union of India [ALL SC 2018 SEPTEMBER]
September 07, 2018 – Direct Recruitment-Supreme Court discussed the following issues for decision:
I Whether the Railways is bound by the rules framed by the DoPT or it can frame its own rules and whether the IREM has statutory force?
II Whether Shri R.K. Kushwaha, the direct recruit had laid challenge to the rules, which provide for giving weightage in the seniority to the promotee officers?
III Whether the findings of the CAT in respect of N.R. Parmar’s case (supra) was limited to removing the arbitrariness only in respect of ‘DITS’?
IV Whether by issuing the memorandum dated 05.03.2018 amendment/modifying rules 327341 the Railways have violated the order issued by the CAT?
I Whether the Railways is bound by the rules framed by the DoPT or it can frame its own rules and whether the IREM has statutory force?… Read More Prabhat Ranjan Singh & ANR. Vs. R.K. Kushwaha & Ors. [ALL SC 2018 September]
SEPTEMBER 07, 2018 : Ordinarily wherever the word ‘substitute’ or ‘substitution’ is used by the legislature, it has the effect of deleting the old provision and make the new provision operative. The process of substitution consists of two steps: first, the old rule is made to cease to exist and, next, the new rule is brought into existence in its place. The rule is that when a subsequent Act amends an earlier one in such a way as to incorporate itself, or a part of itself, into the earlier, then the earlier Act must thereafter be read and construed as if the altered words had been written into the earlier Act with pen and ink and the old words scored out so that thereafter there is no need to refer to the amending Act at all. No doubt, in certain situations, the Court having regard to the purport and object sought to be achieved by the Legislature may construe the word “substitution” as an “amendment” having a prospective effect.… Read More Gottumukkala Venkata Krishamraju Vs. Union of India & Ors. [ALL SC 2018 SEPTEMBER]
Accordingly, the State Government considers it necessary to frame this Policy and Guidelines to provide a stable and predictable framework of rules for private investment in setting up degree colleges. The intention of the Policy is to encourage the spread of higher education in under-served mofussil areas away from Kolkata, where significant demand exists for college studies, considering the steady increase in the number of high school pass outs across the State.… Read More West Bengal Policy and Guidelines for Setting up Self-financing Degree Colleges in West Bengal-2015
Scheme for the retired employees of State Transport Undertakings (STUs) in accordance with the direction contained in the Solemn Order dated 30.6.2015 passed by HIS LORDSHIP HON’BLE JUSTICE BISWANATH SOMADDER in WP No. 11978(W) of 2015.… Read More Scheme for Retired Employees of State Transport Undertakings
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. … Read More STATE (THROUGH) CENTRAL BUREAU OF INVESTIGATION Vs. SHRI KALYAN SINGH (FORMER CM OF UP)[ALL SC 2017 APRIL]