It is clear that even in an action in torts, if the defendant gives no rebutting evidence but a reasonable, explanation, equally consistent with the presence as well as with the absence of negligence, the presumptions or inferences based on res ipsa loquitur can no longer be sustained. The burden of proving the affirmative, that… Read More Is there a difference in civil and criminal law on the concept of negligence?
This appeal raises an interesting legal conundrum involving the laws of the United States of America, hereinafter referred to as ‘the USA’, and the domestic laws as existing in India. At the heart of the controversy is the concept of double jeopardy within the meaning of Article 20(2) of the Constitution of India and Section… Read More The concept of double jeopardy
Under Hindu Law marriage is a sacrament and it is the religious duty of the father to give his daughter in marriage to a suitable person but if he receives a payment in cash or in kind as a consideration for giving his daughter in marriage he would be converting a sacrament into commercial transaction.… Read More The Concept of Hindu marriage as explained by Supreme Court in 1963
In India Article 65 of Limitation Act prescribed limitation to recover possession from the person in wrongful possession is 12 years from the date when the person in possession set up hostile title or adverse title, continuing in possession. Article 65, Schedule I of The Limitation Act prescribes limitation of 12 years for a suit… Read More Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.
There exist equitable harmony between Parts III and IV of the Constitution, no intention could be inferred by making the fundamental rights conferred by Part III subservient to the directive principles of State Policy set out in Part IV of the Constitution. The Constitution-makers did not contemplate a disharmony or imbalance between the fundamental rights and the directive principles… Read More General Concept of Fundamental Rights in India
KEYWORDS: GITA- JUDGESHIP- “According to Shrimad Bhagvad Gita, a Judge is a person bestowed with ‘excellence’. This concept, I am inclined to mention in the context of the year 2005 being an ‘Year of Excellence in Judiciary’. A judge ought to be bestowed with the sense of complete detachment and humility. He ought to remember that he is not himself an… Read More THE CONCEPT OF JUDGESHIP IN GITA
Under the Code ‘investigation’ consists, generally, of the following steps: (1) Proceeding to the spot, (2) Ascertainment of the facts and circumstances of the case, (3) Discovery and arrest of the suspected offender, (4) Collection of evidence relating to the commission of the offence, which may consist of (a) the examination of various persons (including… Read More Concept of further investigation
30-07-2017-Mumbai Bomb Blast Case Keywords:-Repetitive mercy petitions -Jail Manual -Travesty of justice Yakub Abdul Razak Memon Vs. State of Maharashtra and ANR. Supreme Court of India [Writ Petition (CRL.) No.135 of 2015] Bench :-[Dipak Misra] [Prafulla C. Pant] [Amitava Roy] AT 3.15 A.M. Dipak Misra, J. 1. The issue that had seen the end after the day’s… Read More If repetitive mercy petitions are allowed the danger of the concept of ad infinitum would enter into the field and at the drop of a hat, everybody can add a new fact or a new development.
CHAPTER I Organisation 1. Interpretations. [§ 12, Act V, 1861]. – In these Regulations, unless there is anything repugnant in the subject or context, – (i) the word “Superintendent” means Superintendent of Police and includes a Special Superintendent, an Additional Superintendent and any officer, not below the rank of Inspector, temporarily discharging the duties of… Read More Police Regulations, Bengal – 1943
Rajasthan Minor Mineral Concession Rules, 1986 -Rule 3(xiii-a) defines ‘Excess Royalty Collection Contract’ thus:
Excess Royalty Collection Contract” means a contract for specified mineral(s) and area given to collect royalty in excess of annual dead rent, on behalf of the Government from the holder of mining lease (s) under the contract whereunder the contractor shall pay a fixed amount annually to the Government as per terms of the contract.
‘Royalty Collection Contract’ is defined in Clause (xxi) of Rule 3 as follows:
Royalty Collection Contract” means a contract for the specific mineral or minerals given to collect royalty [with or without permit fee as the case may be] on behalf of the Government from the quarry licensees and short term permit holders who excavate minor minerals from the lands specified under the contract whereunder the contractor undertakes to pay fixed amount annually to the Government save as exempted under Rule 58;… Read More What is the meaning of Royalty Collection Contract
However, the applicant is entitled to have the period of deduction computed from the date the application for a certified copy of the decree is made, till it is delivered, provided the application is filed within the period prescribed for filing the appeal, and no part of this period is due to any lapse on the part of the applicant, such as failure to supply copying sheets or deposit the cost of a certified copy within the time stipulated and failure to collect a copy on the date fixed for taken delivery of the same, irrespective of the fact whether on the date of filing of the application, the decree was signed or not. The limitation commences from the date of the Judgment and not from the date the decree is signed.… Read More How to compute Limitation for filing appeal if applied for Certified Copy of the order
Public Policy does not remain static in any given community. It may vary from generation to generation and even in the same generation. Public policy would be almost useless if it were to remain in fixed moulds for all time.… Read More What is public policy
When Governments unreasonably refuse to eliminate creamy layers from the backward classes or when governments tend to include more and more castes in the list of Backward Classes without adequate data and inquiry, a stage will be reached soon when the whole system of reservation will become farcical and a negation of the constitutional provisions relating to reservations. The resistance of the creamy layer to get out of the lists is as bad as the clamour for entry into the quota system of various castes whose social status does not conform to the law decided by this Court. We earnestly hope that Constitutional provisions will not be converted into citadels for unjustified patronage.… Read More The doctrine of Creamy Layers in Indian job reservation
Concept of debattar property
Absolute debattar arpannama
Income of the debattar estate
Debattar for exclusive religious purpose
Debattar and Sebait of the Debattar
Maintenance and management of Debattar
Funds of the debattar estate
Right of worship
Debattar Estate and transfer of property
Family Thakur / Griha Devata
Kalighat Temple Committee
… Read More Law of Hindu Debattar Property