Picturization of movie which involves the actress with a wink is not blasphemous-SC

section 295A does not penalise any and every act of insult to or attempt to insult the religion or the religious beliefs of a class of citizens but it penalises only those acts of insults to or those varieties of attempts to insult the religion or the religious beliefs of a class of citizens which are perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class. Insults to religion offered unwittingly or carelessly or without any deliberate or malicious intention to outrage the religious feelings of that class do not come within the sanction.… Read More Picturization of movie which involves the actress with a wink is not blasphemous-SC

Which Cases Shall be listed before Vacation Court of Supreme Court

1. The Chief Justice may appoint one or more Judges to hear, during summer vacation or winter holidays, all matters of urgent nature which, under the Rules, may be heard by a Judge sitting singly, and, wherever necessary, may likewise appoint a Division Court for the hearing of such cases during the vacation, which are required to be heard by… Read More Which Cases Shall be listed before Vacation Court of Supreme Court

Which cases shall be registered as criminal appeals in Supreme Court

Criminal Appeal – Ordinarily, the following cases shall be registered as criminal appeals – (1) appeals by certificate under Articles 132(1) and 134(1)(c) read with Order XX of the Rules; (2) appeal under Article 134(1)(a) and (b) or made any other provision of law under Order XX of the Rules; (3) appeal, upon grant of special leave to… Read More Which cases shall be registered as criminal appeals in Supreme Court

Inherent powers are to be exercised by Court in very exceptional circumstances, for which the Code lays down no procedure

The civil courts are authorised to pass such orders as may be necessary for the ends of justice, or to prevent abuse of the process of court, but where an express provision is made to meet a particular situation the Code must be observed, and departure therefrom is not permissible.… Read More Inherent powers are to be exercised by Court in very exceptional circumstances, for which the Code lays down no procedure

An appeal against a judgment was disposed of by a Division Bench which included Justice Ajit Kumar Sengupta. Question arises whether Justice Ajit Kumar Sengupta could sit in Division Bench to decied the appeal against that judgment?

Whether “judicial obstinacy” can be treated as a form of “bias” is the question which we intend to answer in these appeals. … Read More An appeal against a judgment was disposed of by a Division Bench which included Justice Ajit Kumar Sengupta. Question arises whether Justice Ajit Kumar Sengupta could sit in Division Bench to decied the appeal against that judgment?

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… Read More 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?

What makes an agreement, which is otherwise legal, void is that its performance is impossible except by disobedience of law.

In Shri Lachoo Mal v. Shri Radhey Shyam, (1971) 1 SCC 619 this Court while deciding whether an agreement was void and not enforceable under Section 23 of the Indian Contact Act held: What makes an agreement, which is otherwise legal, void is that its performance is impossible except by disobedience of law. Clearly no… Read More What makes an agreement, which is otherwise legal, void is that its performance is impossible except by disobedience of law.

Where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed.

It is of course a settled legal proposition that in a case where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed. In Medchl Chemicals & Pharma Ltd. v. Biological E. Ltd. and Ors. AIR 2000 SC 1869 this Court observed that a criminal complaint… Read More Where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed.

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.… Read More 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.

The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable.

In Karnataka State Financial Corporation Versus N. Narasimahaiah and OTHERS [AIR 2008 SC 1797 : (2008) 4 SCR 853 : (2008) 5 SCC 176 : JT 2008 (4) SC 183 : (2008) 4 SCALE 473] Supreme court Held : Right of property, although no longer a FUNDAMENTAL right, is still a constitutional right. It is also human right.… Read More The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable.

Article 22(3)(b) of the Constitution of India which permits preventive detention is only an exception to Article 21 of the Constitution- Explanation

An exception is an exception, and cannot ordinarily nullify the full force of the main rule, which is the right to liberty in Article 21 of the Constitution. FUNDAMENTAL RIGHTS are meant for protecting the civil liberties of the people, and not to put them in jail for a long period without recourse to a… Read More Article 22(3)(b) of the Constitution of India which permits preventive detention is only an exception to Article 21 of the Constitution- Explanation

Which Evidence the Court permits or requires to be made before it in a Suit or Proceeding [ Relevant evidence]

Permissible hearsay Evidence [s 1to 16] HERESAY EVIDENCE-Hearsay evidence is that which attempts to prove the event In question, not by the assertion of one who has personal knowledge of it, but by transmission of his extra judicial assertion through the medium of witness who knows not of the event, but of the former’s narration… Read More Which Evidence the Court permits or requires to be made before it in a Suit or Proceeding [ Relevant evidence]

The agreement to sell with possession is an instrument which requires payment of the stamp duty applicable to a deed of conveyance.

Supreme Court in the case of Avinash Kumar Chauhan v. Vijay Krishna Mishra, (2009) 2 SCC 532, in which it has been held as follows: “21. It is not in dispute that the possession of the property had been delivered in favour of the appellant. He has, thus, been exercising some right in or over… Read More The agreement to sell with possession is an instrument which requires payment of the stamp duty applicable to a deed of conveyance.

Where the Disciplinary Authority records a finding without any evidence or a finding which no reasonable person could have arrived at, the writ court would interfere

Supreme Court in the case of Allahabad Bank & Ors. v. Krishna Narayan Tewari [Civil Appeal No.7600 of 2014], it was held that the though “it is true that a writ court is very slow in interfering with the findings of facts recorded by a Departmental Authority on the basis of evidence available on record”,… Read More Where the Disciplinary Authority records a finding without any evidence or a finding which no reasonable person could have arrived at, the writ court would interfere