Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.

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 … Continue reading Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.

General Concept of Fundamental Rights in India

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 … Continue reading General Concept of Fundamental Rights in India

THE CONCEPT OF JUDGESHIP IN GITA

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 … Continue reading THE CONCEPT OF JUDGESHIP IN GITA

 Concept of further investigation 

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 … Continue reading  Concept of further investigation 

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.

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 … Continue reading 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.

Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]

AIR 1995 SC 2001 : (1995) 1 Suppl. SCR 542 : (1995) 4 Suppl. SCC 286 : JT 1995 (5) SC 1 : (1995) 4 SCALE 1 (SUPREME COURT OF INDIA) Most. Rev. P.M.A. Metropolitan and others Appellant Versus Moran Mar marthoma and another Respondent (Before: R. M. Sahai, B. P. Jeevan Reddy And S. … Continue reading Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]

D. G. Gouse and Co. (Agents) Pvt. Ltd. Versus State of Kerala and another [ ALL SC 1979 SEPTEMBER]

AIR 1980 SC 271 : (1980) 1 SCR 804 : (1980) 2 SCC 410 (SUPREME COURT OF INDIA) D. G. Gouse and Co. (Agents) Pvt. Ltd. Appellant Versus State of Kerala and another Respondent AND S. K. Subramanian Appellant Versus State of Kerala and others Respondent AND The Customs Clearing Agents’ Association Appellant Versus State … Continue reading D. G. Gouse and Co. (Agents) Pvt. Ltd. Versus State of Kerala and another [ ALL SC 1979 SEPTEMBER]

CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

KEYWORDS:- RES JUDICATA AIR 1996 SC 987 : (1996) 1 SCR 322 : (1996) 2 SCC 520 : JT 1996 (1) SC 277 : (1996) 1 SCALE 253(2) (SUPREME COURT OF INDIA) CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council Respondent (Before: S. C. Agrawal And B. P. Jeevan Reddy, JJ.) Civil … Continue reading CHURCH of SOUTH India Trust Association Appellant Versus Telugu Church Council [ALL SC 1996 JANUARY]

State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]

KEYWORDS: 11 JUDGES BENCH- testimonial compulsion AIR 1961 SC 1808 : (1962) 2 SCR 10 : (1961) 2 CriLJ SC 856 (SUPREME COURT OF INDIA) State of Bombay Appellant Versus Kathi Kalu Oghad Respondent With Criminal Appeals Nos. 110 and 111 of 1958 Pokhar Singh (In both the Appeals) Appellant Versus State of Punjab (in both … Continue reading State of Bombay Vs Kathi Kalu Oghad [ALL SC 1961 AUGUST]

Rational refutation of Christian doctrine by Swami Dayananda Swaraswati

AN EXAMINATION OF THE DOCTRINES OF CHRISTIANITY. INTRODUCTION The Christian religion is not the only one that is based on the Bible, there are others as well, such as the Jewish religion. The reason, why we have only discussed Christianity (and omitted Judaism, etc.) in the thirteenth Chapter is that now-a-days it takes the first … Continue reading Rational refutation of Christian doctrine by Swami Dayananda Swaraswati

Constitution is meant for all the people of the country and not for the people of their own way of thinking alone.

AIR 1973 SC 947 : (1973) 2 SCR 541 : (1973) 1 SCC 20 : (1973) CriLJ SC 370 (SUPREME COURT OF INDIA) Jagmohan Singh Appellant Versus State of U.P. Respondent (Before : S. M. Sikri, C.J.I., A. N. Ray, I. D. Dua, D. G. Palekar And M. H. Beg, JJ.) Criminal Appeal No. 173 … Continue reading Constitution is meant for all the people of the country and not for the people of their own way of thinking alone.

Kundula Bala Subrahmanyam and another Versus State of Andhra Pradesh [ ALL SC 1993 MARCH ]

KEYWORDS: Dying declaration- AIR 1993 SCW 1321 : (1993) CriLJ SC 1635 : JT 1993 (2) SC 559 : (1993) 2 SCALE 214 : (1993) 2 SCC 684 : (1993) 2 SCR 666 (SUPREME COURT OF INDIA) Kundula Bala Subrahmanyam and another Appellant Versus State of ANDHRA PRADESH Respondent (Before : Dr. A. S. Anand … Continue reading Kundula Bala Subrahmanyam and another Versus State of Andhra Pradesh [ ALL SC 1993 MARCH ]

Conjugal rights are not merely creature of statute but inherent in the very institution of marriage.

In Jagraj Singh v. Birpal Kaur, AIR 2007 SC 2083, this Court held that conjugal rights are not merely creature of statute but inherent in the very institution of marriage. Hence, the approach of a court of law in matrimonial matters should be “much more constructive, affirmative and productive rather than abstract, theoretical or doctrinaire”. … Continue reading Conjugal rights are not merely creature of statute but inherent in the very institution of marriage.

Where an applicant gets an order/office by making misrepresentation or playing fraud upon the competent Authority, such order cannot be sustained in the eyes of law

Fraud/Misrepresentation: It is settled proposition of law that where an applicant gets an order/office by making misrepresentation or playing fraud upon the competent Authority, such order cannot be sustained in the eyes of law. “Fraud avoids all judicial acts ecclesiastical or temporal.” (Vide S.P. Chengalvaraya Naidu (dead) by L.Rs. v. Jagannath (dead) by L.Rs. and … Continue reading Where an applicant gets an order/office by making misrepresentation or playing fraud upon the competent Authority, such order cannot be sustained in the eyes of law

Union of India & Ors. Vs. Ram Lakhan Sharma [ ALL SC 2018 JULY]

KEYWORDS:- RAPE- Removal from service- disciplinary inquiry – natural Justice- The question as to whether Inquiry Officer who is supposed to act independently in an inquiry has acted as prosecutor or not is a question of fact which has to be decided on the facts and proceedings of particular case. The disciplinary proceedings are quasi-judicial proceedings … Continue reading Union of India & Ors. Vs. Ram Lakhan Sharma [ ALL SC 2018 JULY]

The Mahabharata, Book 12: Santi Parva[pt 1]

MAIN MENU PREVIOUS: The Mahabharata, Book 11: Stri Parva NEXT Jalapradanika-parva Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 14 Section 15 1 (Jalapradanika-parva) Om! Having bowed down unto Narayana and Nara, the foremost of male beings, and unto … Continue reading The Mahabharata, Book 12: Santi Parva[pt 1]

List of Central Acts [India]

Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 Abolition of Privy Council Jurisdiction Act, 1949 Abducted Persons (Recovery and Restoration) Act, 1949 Absorbed Areas (Laws) Act, 1954 Academy of Scientific and Innovative Research Act, 2011 Acquired Territories (Merger) Act, 1960 Acquisition of Certain Area at Ayodhya Act, 1993 Acting Judges … Continue reading List of Central Acts [India]

Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

AIR 2009 SC 3214 : (2009) 12 SCR 611 : JT 2009 (11) SC 516 : (2009) 10 SCALE 659 : (2009) CriLJ SC 4123 (SUPREME COURT OF INDIA) Sarju alias Ramu Appellant Versus State of U. P. Respondent (Before : S. B. Sinha And Deepak Verma, JJ.) Criminal Appeal No. 1446 of 2009 (arising … Continue reading Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

M. K. Gopalan and another Versus The State of MADHYA PRADESH [ALL SC 1953 APRIL]

KEYWORDS:-SANCTION FOR PROSECUTION AIR 1954 SC 362 : (1955) 1 SCR 168 : (1954) CriLJ SC 1012 (SUPREME COURT OF INDIA) M. K. Gopalan and another Appellant Versus The State of MADHYA PRADESH Respondent (Before : B. K. Mukherjea, S. R. Das, N. H. Bhagwati, B. Jagannadhadas And T. L. Venkatarama Ayyar, JJ.) Petition No. … Continue reading M. K. Gopalan and another Versus The State of MADHYA PRADESH [ALL SC 1953 APRIL]

Clarify the administrative authority of the Chief Justice of India as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases.

Shanti Bhushan Vs. Supreme Court of India through its Registrar and Another [DECIDED ON JULY 06, 2018] “the power of framing roster which inheres in the Chief Justice has constitutional and statutory backing and by convention it is treated as prerogative of the Chief Justice” A.K.SIKRI, J. 2. The petitioner herein, who is a senior … Continue reading Clarify the administrative authority of the Chief Justice of India as the Master of Roster and for laying down the procedure and principles to be followed in preparing the Roster for allocation of cases.

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

(Full Text) PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and … Continue reading THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

Devidas Loka Rathod Vs. State of Maharashtra [ALL SC 2018 JULY]

KEYWORDS:- Murder- Acquittal- PLEA OF INSANITY- Right of Life- Benefit of Doubt- “We are therefore of the considered opinion, that the appellant has been able to create sufficient doubt in our mind that he is entitled to the benefit of the exception under section 84 I.P.C. because of the preponderance of his medical condition at … Continue reading Devidas Loka Rathod Vs. State of Maharashtra [ALL SC 2018 JULY]

M/s. Geomysore Services India Pvt. Ltd. & ANR. Vs. M/s. Hutti Goldmines Company Ltd. & Ors.[ALL SC 2018 MAY]

KEYWORDS:- Reservation of land The State Government being the owner of the land and minerals, has a right to make a proposal to the Central Government to reserve lands not held under a prospecting licence or mining lease for exploitation by the State Government companies or undertakings but approval of the Central Government is necessary; … Continue reading M/s. Geomysore Services India Pvt. Ltd. & ANR. Vs. M/s. Hutti Goldmines Company Ltd. & Ors.[ALL SC 2018 MAY]