In Associated Cement Companies Ltd. Vs. P.N. Sharma and Another, Kania, C.J. held: It seems to me that the true position is that when the law under which the authority is making […]
When a public authority entered into a contract with an individual and a problem crops up, whether the aggrieved party can resort to Article 226 Constitution
When a public authority has entered into a contract with an individual and a problem crops up thereto, whether or not the aggrieved party can resort to Article 226 of the Constitution […]
When trees on land adjoining a public place fall upon it, the owner is liable if he knew the falling tree was dangerous.
The law is stated in Winfield and Jolowicz on Tort (13th, 1989 ed., p.415) in these words : If the damage is done owing to the collapse of the projection on the […]
Claim of compensation when accident had taken place while the deceased was himself riding a two-wheeler and no other vehicle was involved
KARNATAKA HIGH COURT DIVISION BENCH ( Before : Tirath S. Thakur, J; S. Abdul Nazeer, J ) APPAJI (SINCE DECEASED) AND ANOTHER — Appellant Vs. M. KRISHNA AND ANOTHER — Respondent M.F.A. […]
In State of Haryana and others Vs. Ch. Bhajan Lal and others, this Court in the backdrop of interpretation of various relevant provisions of the Code of Criminal Procedure (for short, Cr.P.C.) […]
the Constitution Bench in Ram Sewak Yadav Vs. Hussain Kamil Kidwai and Others, , an Election Tribunal has undoubtedly the power to direct discovery and inspection of documents within the narrow limits […]
A decision or order of the Court does not become perverse by merely giving it a name as perverse. The higher Court will have to see whether the trial Court has wilfully […]
Easement can be transferred when dominant heritage is also transferred otherwise mere easement cannot be transferred
The principle of promissory estoppel is applicable to administrative law and not between the private parties. Mis-interpretation or misconstruction of document on which claim of a party is based amounts to substantial […]
To use the language of the H.R.C. Judge, “Order has been made on the basis of equity and in pursuance of live and let live policy.” It is obvious he has passed […]
When language of the statute is plain and clear then literal rule of interpretation has to be applied and there is ordinarily no scope for consideration of equity, public interest or seeking intention of legislature.
Supreme Court in the case of Vijay Narayan Thatte and Others Vs. State of Maharashtra and Others, wherein the Hon’ble Supreme Court emphasized the settled principle of interpretation as hereunder: 22. In […]