Supreme court in Rajender Singh Pathania and Others Versus State of N.C.T. of Delhi and Others [ JT 2011 (10) SC 294 : (2011) 9 SCALE 124] The issue of award of compensation in case of violation of FUNDAMENTAL RIGHTS of a person has been considered by this Court time and again and it has consistently been held … Continue reading Condition that High Courts and Supreme Court in exercise of their jurisdictions under Articles 226 and 32 can award compensation for such violations but such a power should not be lightly exercised.
Calcutta High Court in Prabhat Nath Das v. Ramendra Kumar Saha, ILR 61 1081[division Bench] Division Bench of this Court held as follows: ‘……..The grant of a probate is not a condition precedent to the institution of the suit by the executor. See Chandra Kishore Roy v. Prasanna Kumari Dasi (1). There cannot be any … Continue reading Obtaining of probate is not a condition precedent for filing a suit, though the executor is not entitled to recover the decree without producing the probate.
SUPREME COURT in Krishna Kumar Singh & Anr. v. State of Bihar & Ors. [Civil Appeal No.5875 of 1994], a seven-judge Bench examined the power of the Executive to make law through ordinance, and inter alia held per majority, that the power conferred upon the President under Article 123 of the Constitution and the Governor under Article 213 is … Continue reading The power of President under Article 123 of the Constitution and the Governor under Article 213 is legislative in character and is conditional in nature
Hindu Marriage Act 1955 5. Conditions for a Hindu marriage A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:— (i)neither party has a spouse living at the time of the marriage; (ii)at the time of the marriage, neither party— (a)is incapable of giving a valid consent to it … Continue reading Conditions for a Hindu marriage
Epileptic Psychosis is a progressing disease and its effects have appropriately been described in the text book of Medical Jurisprudence and Toxicology by Modi, 24th Ed. 2011 where it states as follows: Epileptic Psychosis. – Epilepsy usually occurs from early infancy, though it may occur at any period of life. Individuals, who have had epileptic … Continue reading What is Epileptic Psychosis
KEYWORDS:-Murder acquittal (2011) 13 SCALE 140 (SUPREME COURT OF INDIA) State of Rajasthan Appellant Versus Shera Ram @ Vishnu Dutta Respondent (Before : Swatanter Kumar and Ranjana Prakash Desai, JJ.) Criminal Appeal No. 1502 of 2005 : Decided On: 01-12-2011 Criminal Procedure Code, 1973—Sections 374 and 378—Appeal—There is very thin but fine distinction between appeal … Continue reading State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]
AIR 1971 SC 1002 : (1971) Suppl. SCR 46 : (1971) 2 SCC 63 In India, as in England, the executive has to act subject to the control of the legislature, but in what way is this control exercisable by the legislature? (SUPREME COURT OF INDIA) U. N. R. Rao Appellant Versus Smt. indira Gandhi … Continue reading U. N. R. Rao Vs Smt. Indira Gandhi [ALL SC 1971 MARCH]
The Executive, the Legislature and the Judiciary are all treated under our Constitution with respective spheres. The jurisdiction of this Court and of High Courts under our Constitution is dealt with by Articles under the Heads of the Union Judiciary and the State Judiciary. Under Article 136 any Tribunal or Court is amenable to the … Continue reading In the American and the Australian Constitutions is the judicial power of the State is located in the judiciary. There is no such provision in Indian Constitution.
Supreme Court in Motiram Padu Joshi and Others Vs. State of Maharashtra –Criminal Appeal No. 1479 of 2015 decided on July 10, 2018, held :- From the above decisions, in our considered view, the following general principles regarding powers of the appellate court while dealing with an appeal against an order of acquittal emerge: (1) … Continue reading What are powers of the appellate court while dealing with an appeal against an order of acquittal
The Netherlands is a hereditary constitutional monarchy, with a parliamentary form of government based on the principles of ministerial responsibility, with the Monarch as the Head of State. The Kingdom of the Netherlands dates from 1814. The Constitution of the Netherlands (hereinafter “NC”) was adopted in 1814 and was last amended on 7 July 2002. … Continue reading Constitution of the Kingdom of the Netherlands of August 24, 1815
Basic Law of Governance The Custodian of the Two Holy Mosques, King Fahd Bin Abdulaziz Al-Saud issued a Royal Decree embodying the Basic Law of Governance. The following is the text of the Decree. In the name of God, the most compassionate, the most Merciful. No: A/90 Dated 27th Sha’ban 1412 H (1 March 1992) … Continue reading Basic Law of Governance [ Constitution of the Kingdom of Saudi Arabia]
Law of the Kingdom can safely be divided into two groups. Basic Laws, which has a Constitution like effect or other Laws. In 1992 the Basic Laws were adopted by a Royal Decree. Basic Laws Media, Culture and Publication Laws National Security, Civil Status and Criminal Laws Commerce, Economy and Investment Laws Diplomatic Corps, Protocol, … Continue reading Laws of the Kingdom of Saudi Arabia
KEYWORDS:- Shariat law a statute which takes away or impairs vested rights under existing laws is presumed not to have retrospective operation. AIR 1961 SC 808 : (1962) 1 SCR 67 (SUPREME COURT OF INDIA) C. Mohammad Yunus Appellant Versus Syed Unnissa and others Respondent (Before : J. L. Kapur, M. Hidayatullah And J. C. Shah, … Continue reading C. Mohammad Yunus Vs Syed Unnissa and others [ALL SC 1961 FEBRUARY]
KEYWORDS:-Muslim Husband – Second Marriage- Maintenance – AIR 1987 SC 1103 : (1987) 2 SCR 773 : (1987) 2 SCC 285 : JT 1987 (2) SC 55 : (1987) 1 SCALE 672 : (1987) CriLJ SC 980 (SUPREME COURT OF INDIA) Begum Subanu alias Saira Banu and another Appellant Versus A.M. Abdul Gafoor Respondent (Before … Continue reading In case of Second marriage by Muslim Husband, the first wife Can claim Maintenance
KEYWORDS: venereal disease-ground for divorce AIR 1999 SC 495 : (1998) 1 Suppl. SCR 723 : (1998) 8 SCC 296 : JT 1998 (7) SC 626 : (1998) 6 SCALE 230 (SUPREME COURT OF INDIA) Mr. ‘X’ Appellant Versus Hospital ‘Z’ Respondent (Before : S. Saghir Ahmad And B. N. Kirpal, JJ.) Civil Appeal No. … Continue reading Mr. ‘X’ Versus Hospital ‘Z’[ALL SC 1998 SEPTEMBER]
PART-1 PART-2 CHAPTER- Forty-one When a superior man heard of TAO, He cultivates himself diligently. When an average man heard of TAO, He is doubtful, vague and would give up halfway. When an inferior man heard of TAO, He laughs and thinks of It as foolish. If TAO is not being laughed at, It is … Continue reading TAO TE CHING OF LAO-TZU
LAW LIBRARY Codex is the first part of the Corpus Juris, consisting of twelve books. Consolidated List of subject matters under CODEX IN NOMINE DOMINI NOSTRI IHESU CHRISTI C O D I C I S DOMINI NOSTRI I U S T I N I A N I SACRATISSIMI PRINCIPIS REPETITAE PRAELECTIONIS FIRST BOOK CJ.1.1.0. On the … Continue reading CORPUS JURIS CIVILIS [CODEX]
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]
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]
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]
(2011) 6 SCALE 229 : JT 2011 (6) SC 49 : AIR 2011 SC 2339 (SUPREME COURT OF INDIA) Cantonment Board and AnOther Appellant Versus CHURCH of NORTH India Respondent (Before : P. Sathasivam and H. L. Gokhale, JJ.) Civil Appeal No. 1957 of 2003 : Decided On: 13-05-2011 Public Premises (Eviction of Unauthorised Occupants) … Continue reading Cantonment Board and An Other Vs CHURCH of NORTH India [ALL SC 2011 MAY]
AIR 2005 SC 2544 : (2005) 3 SCR 1037 : (2005) 10 SCC 760 : JT 2005 (5) SC 202 : (2005) 4 SCALE 633 (SUPREME COURT OF INDIA) CHURCH of NORTH India Appellant Versus Lavajibhai Ratanjibhai and others Respondent (Before : B. P. Singh And S. B. Sinha, JJ.) Civil Appeal No. 9419 of … Continue reading Church of North India Vs Lavajibhai Ratanjibhai and others [ALL SC 2005 MAY]
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]
Section 164 Code of Criminal Procedure speaks about recording of confessions and statements. It reads thus: 164. Recording of confessions and statements. (1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this … Continue reading Law of Confession under Indian Evidence Act
AIR 1964 SC 1385 : (1964) 6 SCR 321 (SUPREME COURT OF INDIA) Balmukand Appellant Versus Kamla Wati and others Respondent (Before : K. Subba Rao And J. R. Mudholkar, JJ.) Civil Appeal No. 7 of 1962,Decided on : 27-01-1964. hindu Law—Joint family property—Benefit of family—Determination of—Sale of joint family property without any difficulty in … Continue reading The manager of Joint hindu family is competent to alienate joint family property if it is clearly beneficial to the estate even though there is no legal necessity justifying the transaction.