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?
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 … Continue reading What makes an agreement, which is otherwise legal, void is that its performance is impossible except by disobedience of law.
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 … Continue reading Where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed.
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.
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. … Continue reading The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable.
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 … Continue reading Article 22(3)(b) of the Constitution of India which permits preventive detention is only an exception to Article 21 of the Constitution- Explanation
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 … Continue reading Which Evidence the Court permits or requires to be made before it in a Suit or Proceeding [ Relevant evidence]
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 … Continue reading 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 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”, … Continue reading 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
Vitusah Oberoi and Ors. v. Court of its own motion [Criminal Appeal No. 1234 of 2007], It was held that there is nothing in the Contempt of Courts Act, 1971 or in Article 215 of the Constitution “which can be said to empower the High Court to initiate proceedings suo-motu or otherwise for the contempt of a superior Court … Continue reading There is nothing in the Contempt of Courts Act, 1971 or in Article 215 of the Constitution “which empowered High Court to initiate proceedings suo-motu for the contempt of a superior Court like the Supreme Court of India.”
KEYWORDS:-POSSESSION BY TRESPASSERS In Rame Gowda v. M. Varadappa Naidu,(2004) 1 SCC 769, wherein the following was observed by Apex Court: “9. The possession which a trespasser is entitled to defend against the rightful owner must be settled possession, extending over a sufficiently long period of time and acquiesced to by the true owner. … Continue reading The possession which a trespasser is entitled to defend against the rightful owner must be settled possession
Supreme Court, on various occasions, had opportunity to discuss the importance of fair trial in Criminal Justice System and various circumstances in which a trial can be transferred to dispense fair and impartial justice. It would be advantageous to notice a few decisions of this Court with regard to the scope of Section 406 of … Continue reading Circumstances in which a trial can be transferred to dispense fair and impartial justice
It is a settled legal proposition that while appreciating the evidence of a witness, minor discrepancies on trivial matters, which do not affect the core of the prosecution’s case, may not prompt the Court to reject the evidence in its entirety. “Irrelevant details which do not in any way corrode the credibility of a witness … Continue reading Irrelevant details which do not in any way corrode the credibility of a witness cannot be labelled as omissions or contradictions.
02-01-2017 Keywords: Disciplinary enquiry-Natural justice-Non application of mind The writ court will certainly interfere with disciplinary enquiry or the resultant orders passed by the competent authority on that basis if the enquiry itself was vitiated on account of violation of principles of natural justice, as is alleged to be the position in the present case. … Continue reading Where the Disciplinary Authority records a finding unsupported by any evidence or a finding which no reasonable person could have arrived at, the writ court would be justified and grant relief in appropriate cases.
The Bharat Bank Ltd., Delhi vs The Employees of the Bharat Bank Ltd., Delhi and the Bharat Bank Employees’ Union, Delhi Where the discretion is committed to any body or a tribunal exercising quasi judicial functions which are not fettered by ordinary rules of law, the tribunal should in the absence of any provision to the … Continue reading Art. 136 it has been given overriding power to grant special leave to appeal against orders of Court and tribunals which go against the principles of natural justice and lead to grave miscarriage of justice.
Epileptic Psychosis is a progressing disease and its effects have appropriately been described in the text book of Medical Jurisprudence and Toxicology by Modi, 24th Ed. 2011 where it states as follows: Epileptic Psychosis. – Epilepsy usually occurs from early infancy, though it may occur at any period of life. Individuals, who have had epileptic … Continue reading What is Epileptic Psychosis
Supreme court in State of Rajasthan Versus Shera Ram @ Vishnu Dutta (2011) 13 SCALE 140 There is no embargo on the appellate court reviewing the evidence upon which an order of acquittal is based. Generally, the order of acquittal shall not be interfered with because the PRESUMPTION of innocence of the accused is further … Continue reading Where the prosecution evidence points to the guilt of the accused and the judgment is on the face of it perverse, appeal court may interfere with an order of acquittal
KEYWORDS:-Murder acquittal (2011) 13 SCALE 140 (SUPREME COURT OF INDIA) State of Rajasthan Appellant Versus Shera Ram @ Vishnu Dutta Respondent (Before : Swatanter Kumar and Ranjana Prakash Desai, JJ.) Criminal Appeal No. 1502 of 2005 : Decided On: 01-12-2011 Criminal Procedure Code, 1973—Sections 374 and 378—Appeal—There is very thin but fine distinction between appeal … Continue reading State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]
The penal laws in India are primarily based upon certain fundamental procedural values, which are right to fair trial and PRESUMPTION of innocence. A person is presumed to be innocent till proven guilty and once held to be not guilty of a criminal charge, he enjoys the benefit of such PRESUMPTION which could be interfered … Continue reading A person is presumed to be innocent till proven guilty and once held to be not guilty of a criminal charge, he enjoys the benefit of such presumption
It is one of the fundamental principles of criminal jurisprudence that an accused is presumed to be innocent till he is proved to be guilty. It is equally well settled that suspicion howsoever strong can never take the place of proof. There is indeed a long distance between accused ?may have committed the offence? and … Continue reading There can only be one set of rules and standards when it comes to trials and judgment in criminal cases unless the statute provides for any special application.
Supreme Court in State of H.P. v. Gian Chand, (2001) 6 SCC 71 dealt with the effect of failure of prosecution to satisfactorily explain the delay in the lodging of the FIR and declared that if the delay is not satisfactorily explained the same is fatal to the prosecution. This Court observed: If the prosecution … Continue reading If the prosecution fails to satisfactorily explain the delay and there is a possibility of embellishment in the prosecution version on account of such delay, the delay would be fatal to the prosecution.
SUPREME COURT OF INDIA State of Gujarat Vs. Navinbhai Chandrakant Joshi Etc. [ ALL SC 2018 JULY] [Criminal Appeal Nos.895-896 of 2018 arising out of SLP (CRL.) Nos.8259-60 of 2016] The burden of proof placed upon the accused person against whom the presumption is made under Section 20 of the Act is not akin to … Continue reading It is for the accused to explain the bribe money in his possession, on failure of explanation, it will be presumed that he has accepted the bribe.
Fake news and false stories are responsible for Mob Violence Lynching and mob violence are creeping threats that may gradually take the shape of a Typhon-like monster as evidenced in the wake of the rising wave of incidents of recurring patterns in India by frenzied mobs across the country instigated by intolerance and misinformed by … Continue reading In case of Mob Lynching register FIR under Section 153A of IPC
AIR 1971 SC 1002 : (1971) Suppl. SCR 46 : (1971) 2 SCC 63 In India, as in England, the executive has to act subject to the control of the legislature, but in what way is this control exercisable by the legislature? (SUPREME COURT OF INDIA) U. N. R. Rao Appellant Versus Smt. indira Gandhi … Continue reading U. N. R. Rao Vs Smt. Indira Gandhi [ALL SC 1971 MARCH]
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”