The Definition of State in Indian Constitution

12. Definition In this part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. The Concept Dr. B.R. Ambedkar explaining … Continue reading The Definition of State in Indian Constitution

Definitions under SARFAESI Act

 Keywords :Asset reconstruction-Asset reconstruction company-Borrower- Debt-Default-Financial asset-financial lease-Hypothecation-Securitisation-Security receipt-Security interest CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (2) It extends to the whole of India. (3) It shall be deemed to have come into force … Continue reading Definitions under SARFAESI Act

Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the dispute in accordance with the substantive law for the time being in force in India. Admittedly, substantive law would include the Indian Contract Act, the Transfer of Property Act and other such laws in force. Suppose, if the … Continue reading Whether the award could be set aside, if the Arbitral Tribunal has not followed the mandatory procedure prescribed under S. 24, 28 or 31(3), which affects the rights of the parties?

The meaning of Dharma

Mahabharata describes the definition of dharma in the following words:- धारणाद्धर्ममित्याहु: धर्मो धारयते प्रजा: | यस्याद्धारणसंयुक्तं स धर्म इति निश्चय: || Mahabharata, 69.58(Karna Parva) Dharanad Dharma -That which binds the society together is dharma. Dharma Sastra means Law Book – Such as Manu Dharma Sastra धारणाद्धर्ममित्याहु:- This part provides Definition धर्मो धारयते प्रजा:- This Part … Continue reading The meaning of Dharma

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]

Cantonment Board and An Other Vs CHURCH of NORTH India [ALL SC 2011 MAY]

(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]

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]

The Constitution of the Islamic Republic of Iran (1979) Qānūn-e asāsī

The Constitution of the Islamic Republic of Iran replaced the monarchical constitution of 1906 Contents PREAMBLE Introduction to the Constitution The Dawn of the Movement Islamic Government The Wrath of the People The Price the Nation Paid The Form of Government in Islam The Economy is a Means, Not an End Woman in the Constitution … Continue reading The Constitution of the Islamic Republic of Iran (1979) Qānūn-e asāsī

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.

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]

What is the value of RTI reply in Evidence

The Right to Information Act was enacted in the year 2005 and came into force with effect from 15-06-2005. It provides for designation of a Public Information Officer for obtaining information with exemptions from such disclosure and the grounds for rejection in appropriate cases. Section 22 of the Act says that the provisions of the said Act shall have … Continue reading What is the value of RTI reply in Evidence

S. A. Venkataraman Versus Union of India and another [ALL SC 1954 MARCH]

KEYWORDS:- Double Jeopardy- It is a well-established principle of English law that, except where it is otherwise provided by a statute, all public officers and servants of the Crown hold their appointments at the pleasure of the Crown. Their services can be terminated without assigning any reason and even if any public servant considers that he … Continue reading S. A. Venkataraman Versus Union of India and another [ALL SC 1954 MARCH]

Omprakash Vs. Laxminarayan & Ors[ALL SC 2013 OCTOBER]

KEYWORDS:- Specific performance of contract -conveyance DATE:-OCTOBER 7, 2013 Section 33 of the Act casts a statutory obligation on all the authorities to impound a document. The court being an authority to receive a document in evidence is bound to give effect thereto. The unregistered deed of sale was an instrument which required payment of … Continue reading Omprakash Vs. Laxminarayan & Ors[ALL SC 2013 OCTOBER]

Constitution of Malaysia

 As at 1 November 2010 Contents  FEDERAL CONSTITUTION 1.1PART I THE STATES, RELIGION AND LAW OF THE FEDERATION 1.1.1Article 1: Name, States and territories of the Federation 1.1.2Article 2: Admission of new territories into the Federation 1.1.3Article 3: Religion of the Federation 1.1.4Article 4: Supreme law of the Federation 1.2PART II FUNDAMENTAL LIBERTIES 1.2.1Article 5: … Continue reading Constitution of Malaysia

National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

KEYWORDS:- SIT- WITNESS PROTECTION -FAIR TRIAL- COURT DIRECTIONS : (a) Ensuring safe passage for the witnesses to and from the court precincts. (b) Providing security to the witnesses in their place of residence wherever considered necessary, and (c) Relocation of witnesses to another state wherever such a step is necessary. IN THE SUPREME COURT OF … Continue reading National Human Rights Commission vs State Of Gujarat & Ors [ALL SC 2009 MARCH ]

Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact-situation of the decision on which reliance is placed.

Collector of Central Excise, Calcutta Versus M/s. Alnoori Tobacco Products and another [All SC 2004 July] AIR 2004 SCW 4311 : JT 2004 (5) SC 593 : (2004) 6 SCALE 232 : (2004) 6 SCC 186 (SUPREME COURT OF INDIA) Collector of Central Excise, Calcutta Appellant Versus M/s. Alnoori Tobacco Products and another Respondent (Before : S. … Continue reading Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact-situation of the decision on which reliance is placed.