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 […]
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 […]
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 […]
WBSSC (Selection of Persons for Appointment to the Posts of Teachers in Upper Primary Level) Rules, 2015
GOVERNMENT OF WEST BENGAL School Education Department (Secondary Branch) Bikash Bhavan, Salt Lake, Kolkata No. 485-SE(S)/1S-26/2010 (Part-I), dated the 3rd June, 2015 NOTIFICATION In exercise of the power conferred by clause (d) […]
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 […]
Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015
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 […]
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.
In a contempt proceeding SC cannot determine whether or not Rajeev Kumar should be arrested by the CBI for custodial interrogation: SC
Subrata Chattoraj Vs. Union of India and Others – MAY 17, 2019 – Contempt Petition- the State Police Agencies who were investigating these cases to provide fullest cooperation to the CBI, including assistance in terms of manpower and material, to enable them to conduct and complete the investigation expeditiously. The CBI alleges non-cooperation and charges WBSPF with obfuscating the investigation by causing impediments and roadblocks with a view to protect big names and members/leaders of the ruling party in the State of West Bengal.
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 ]
West Bengal School Service Commission (Selection for appointment to the Posts of Headmaster/ Headmistress in Secondary or Higher Secondary and Junior High Schools) Rules, 2016.
GOVERNMENT OF WEST BENGAL School Education Department (Secondary Branch) Bikash Bhawan, Salt Lake, Kolkata 700091 No. 1114-S(S)/1S-26/2010 (Pt.-III) Dated the 21st September, 2016. NOTIFICATION In exercise of the power conferred by sub-section […]
(Act No. 4 of 2016) [Dated 31st December, 2015] An Act to provide for the constitution of Commercial Courts, [Commercial Appellant Courts] Commercial Division and Commercial Appellate Division in the High Courts […]
Vehicle cannot be confiscated merely on accusation of commission of offence, by invoking Section 451 of Cr.P.C. said vehicle can be released
The vehicles seized under Section 50 from alleged offender cannot become property of State unless there is trial and finding reached by competent court that property seized was used for committing the […]
Order XII Rule 6 Code of Civil Procedure shows power under above provision is discretionary and cannot be claimed as a matter of right
SUPREME COURT OF INDIA FULL BENCH ( Before : T.S. Thakur, J; V. Gopala Gowda, J; R. Banumathi, J ) S.M. ASIF — Appellant Vs. VIRENDER KUMAR BAJAJ — Respondent Civil Appeal […]
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.
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 […]
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.
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
Magistrates before taking cognizance should apply their mind to ascertain as to whether there is any legal bar to take cognizance
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 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