SUPREME COURT OF INDIA DIVISION BENCH ( Before : Surinder Singh Nijjar, J; Anil R. Dave, J ) SUNANDA MAHENDRA GAIKWAD — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent Civil Appeal No. 764 of 2013 (Arising out of SLP (C) No. 5325 of 2011) Decided on : 22-01-2013 ORDER 1. Leave granted. 2.… Read More How to deal with a non-reasoned order of Court-SC
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
The references: Dr. Bijan K. Mukherjee on Hindu Law of Religious and Charitable Trust (Tagore Law Lectures, 3rd. ed., 1970); Mulla’s Hindu Law (14th ed.); Ganapati Aiyer’s Hindu Religious Endowment (2nd ed.); Saraswathi Ammal and Another Vs. Rajagopal Ammal, , Saraswathi Ammal and Another Vs. Rajagopal Ammal, , Raj Kali Kuer Vs. Ram Rattan Pandey,… Read More How to determine whether a Hindu religious endowment is a public or a private one
1. A person claiming a right to appear before the Court on the hearing of a petition may lodge a caveat in the matter, where such a petition is expected to be lodged or has been lodged. 2. The caveator shall forthwith, after lodging his caveat, give notice thereof to the petitioner, if the petition has been lodged.
Petition for Special Leave to Appeal before Supreme Court 1.(a) The petition for special leave to appeal invoking the extra-ordinary appellate jurisdiction under Article 136 of the Constitution read with Order XXI of the Rules shall be filed in Form No. 28. No separate application for interim relief need be filed and interim prayer, if any, be incorporated in… Read More How to file a Petition for Special Leave to Appeal[SLP]
(a) Every vakalatnama in any cause, appeal or matter shall be executed by the party: Provided that a person, other than a party to the cause, appeal or matter, may file vakalatnama on the basis of Power of Attorney but shall annex original Power of Attorney with the vakalatnama.
the defendants’ wrapper is deceptively similar to the plaintiffs’ which was registered. … Read More How to decide whether one trademark is deceptively similar to another in passing off case.
When a caveat is not in proper form or is otherwise defective, the court may allow the defect to be removed within such time as the court may direct.… Read More How to file Caveats before Calcutta High Court
Calcutta High Court Appellate Side Rules Affidavits 22. Every affidavit to be used in a Court of Justice shall be instituted “In the Court of ……………………… at ………………,” naming such court. 23. If there be a cause in court, the affidavit in support of, or in opposition to, an application respecting it shall also be instituted in… Read More How to file Affidavit before Calcutta High Court
If the words in the statute are plain and unambiguous, it becomes necessary to expound those words in their natural and ordinary sense.… Read More How to interpret a Statute [ intention of the Legislature ]
Section 9 only is a codification of pre-existing law. Rule 32 of O. 21 of the Code of Civil Procedure deals with decree for specific performance for restitution of conjugal rights or for an injunction. … Read More How to enforce conjugal rights in India
Supreme Court in the case of Smt. Sureshta Devi v. Om Prakash (1991) 2 SCC 25, gives considerable guidance. 33. In Paragraph 8 of the said judgment, this Court summed up the requirement of Section 13B (1) as follows : “8. There are three other requirements in sub-section (1). They are : (i) They have… Read More How to ascertain continuing consent in a proceeding under Section 13B of Hindu Marriage Act
(2011) 13 SCALE 522 (SUPREME COURT OF INDIA) Punjab State Warehousing Corporation Faridkot Appellant Versus Sh. Durga Ji Traders and Others Respondent (Before : D.K. Jain and Anil R. Dave, JJ.) Criminal Appeal No. 2226 of 2011 (Arising out of S.L.P. (Criminal) No. 5305 of 2008) : Decided On: 28-11-2011 ORDER 1. Leave granted. 2.… Read More How to exercise inherent power by High Court under Section 482 of the Code?
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held Supreme Court in the case of Kesavananda Bharati,it was held by majority that the power of amendment of the Constitution contained in Article 368 does not permit altering the basic structure of the Constitution. All the seven Judges who constituted the majority were… Read More How to decide Election Dispute?
KEYWORDS:- Judges Inquiry- (2003) 4 SCALE 643 : (2003) 5 SCC 494 : (2003) 1 Suppl. SCR 108 (SUPREME COURT OF INDIA) indira Jaising Appellant Versus Registrar General, Supreme Court of India and Another Respondent (Before : S. Rajendra Babu and G. P. Mathur, JJ.) Writ Petition (Civil) No. 218 of 2003; Decided On: 09-05-2003 Constitution… Read More How to remove a Superior Court Judge in India ?