The meaning to the word office’ given in the Statesman (P) Ltd. vs. H. R. Deb, AIR 1968 SC 1495. In the Statesman case, AIR 1968 SC 1495 this Court approved of the observations of Lord Wright in Macmillan vs. Guest, 1942 AC 561 to the following effect: “The word “office” is of indefinite content. … Continue reading What is the meaning of “Office”
Law normally connotes a rule or norm which is of general application. It may apply to all the persons or class of persons or even individuals of a particular description. Law prescribes the abstract principles by the application of which individual cases are decided. Law, however, is not what Blackstone called “a sentence”. According to … Continue reading What is Law ?
In INDIRA NEHRU GANDHI VS SHRI RAJ NARAIN [ALL SC 1975 NOVEMBER] it is held :- The hierarchical structure of the legal order of a State is that the Constitution is the highest level within national law. The Constitution in the formal sense is a solemn document containing a set of legal norms which may be changed only … Continue reading What is Constitution ?
The powers, privileges and immunities of Parliament and its members as provided in Article 105 are that they shall be such as may be defined by Parliament by law, and, until so, defined, shall be those of the House of Commons of the Parliament of the United Kingdom. 78. In Special Reference No. 1 of … Continue reading What is the nature of Parliamentary Previllege ?
A decision of a Court is a precedent if it lays down some principle of law Supplorted by reasons. Mere casual observations or directions without laying down any principle of law and without giving reasons does not amount to a precedent. In State of Punjab vs. Baldev Singh (1999) 6 SCC 172, a Constitution Bench … Continue reading What is binding Precedent for lower Court ?
A will is the testament of the testator. It is a posthumous disposition of the estate of the testator directing distribution of his estate upon his death. It is not a transfer inter vivo. The two essential characteristics of a will are that it is intended to come into effect only after the death … Continue reading What is a Will and the Scope of Will
Jagmohan Singh v. State of U.P  Bachan Singh v. State of Punjab  Machhi Singh v. State of Punjab  Mithu v. State of Punjab  State ofPunjab v. Harchet Singh  Mohd. Chamat v. State (NCT of Delhi)  State ofMaharashtra v. Suresh  Ram Deo Chauhan and Another v. State of Assam  … Continue reading What is a “Rarest of Rare Case”?
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
‘Further investigation’ is where the Investigating Officer obtains further oral or documentary evidence after the final report has been filed before the Court in terms of Section 173(8). This power is vested with the Executive. It is the continuation of a previous investigation and, therefore, is understood and described as a ‘further investigation’. Scope of … Continue reading What is further investigation ?
In Ramnik Vallabhdas Madhvani and others Versus Taraben Pravinlal Madhvani[AIR 2004 SC 1084 : (2003) 5 Suppl. SCR 230 : (2004) 1 SCC 497 ] “goodwill”, as Lord Machaghten described ‘a thing very easy to describe, very difficult to define’, in Inland Revenue Commissioner vs. Muller and Co. (1901) AC 223). 67. The term ‘goodwill’ signifies the … Continue reading What is Goodwill
An interlocutory application is an application to a court to get an order before the final order in the proceeding. Interlocutory applications may be made in relation to the preparation of a matter for trial or in relation to preserving the subject matter of the dispute pending the final order of the court. Applications are only considered interlocutory which … Continue reading What is an Interlocutory application
S 3 . EVIDENCE”. “ Evidence” means and includes— (1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry, such statements are called oral evidence; (2) all documents including electronic records produced for the inspection of the Court, such documents are … Continue reading What is Evidence and what is not
Supreme Court considered the effect of non-explanation of injuries sustained by the accused person in Takhaji Hiraji v. Thakore Kubersing Chamansing and others (2001) 6 SCC 145 and held as under:- “17. The first question which arises for consideration is what is the effect of non-explanation of injuries sustained by the accused persons. In Rajender … Continue reading What is the effect of non-explanation of injuries sustained by the accused persons
A composite document is severable and in part clearly testamentary, such part may take effect as a Will and other part if it has the characteristics of a settlement and that part will take effect in that way. A document which operates to dispose of properly in praesenti in respect of few items of the … Continue reading What is Composite Document
KEYWORDS:- Muslim Law After a woman gets a divorce from her first husband, she marries another man. In the second marriage, if she realises and decides that she was better off with her first husband, she can divorce her second husband and then remarry her first husband. It is coming back to the first husband. … Continue reading What is nikah halala?
“the common law was an ‘antient collection of unwritten maxims and customs“ English law is said to be rooted in common law. Common law grew from the customs of the English people. It was not made by legal officials, as statutes are. The role of legal officials – particularly judges – was to interpret and declare … Continue reading What is Common Law
Facts: Vide letter dated February 14, 1968, the Assistant Assessor and Collector (Recovery Cell) of the Municipal Corporation of Delhi had required the appellant to pay a sum of Rs. 19,558.75 as arrears of house tax due in respect of property No. 3432-35/III, Ganda Nala, Mori Gate, Delhi, calculated up to the period ending March 31, … Continue reading What is the period of limitation prescribed for recovery of arrears of house tax due to the Municipal corporation
what is the meaning of the expression “specific provision to the contrary”. In Maru Ram v. Union of India and others, (1981) 1 SCC 107, a Constitution Bench dealt with the pari materia provision to Section 4(1) of the Code of Civil Procedure contained in Section 5 of the Code of Criminal Procedure. This Court … Continue reading what is meant by “specific provision”-Statutory Interpretation
Section 190-Sections 200 and 202 of the 1973 Code. The question which arose for consideration therein was required to be determined in the context of the provisions of Sections 200 and 202 of the 1898 Code vis-a-vis Sections 200 and 202 of the 1973 Code. The question was as to whether cognizance is taken before … Continue reading What is meant by “taking cognizance of an offence”