RAM CHANDRA SINGH VS
SAVITRI DEVI AND OTHERS – judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.
Other Backward Classes” shall mean such classes of citizens as specified in Schedule I, other than Scheduled Castes and Scheduled Tribes, and includes such classes as the State Government may, by notification in the Official Gazette, specify from time to time
The main question which needs determination is whether part of the scheme mentioned before introduced by the Reserve Bank of India is violative of guarantee of equality before law and of equal opportunity in public employment as enshrined in Articles 14 and 16 of the Constitution. The High Court noted that the point arose at the instance of three petitioners who were Grade II working at Nagpur branch of Reserve Bank ever since their employment which commenced somewhere between 1960 to 1965.
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10972 OF 2013 (Arising out of SLP (C) No.15436 of 2009) Suresh Kumar Koushal & Anr vs Naz Foundation & Ors Decided on: […]
We conclude that the National Commission has jurisdiction to decide the dispute between the parties and it is a Court and that there was deficiency in service by the Appellant-carrier.
The partition of the immovable properties had been effected in about the middle of 1952 and the parties were since then in possession of the lands etc. which had been allotted to their share. The recital in the award is no more than a reference to an existing fact and does not purport to create or declare, by virtue of the award itself, right title or interest in immovable property.
Hyderabad Jagirdars Debt Settlement Act, 1952—Sections 11 and 25—Mortgage executed in favour of bank. AIR 1972 SC 1053 : (1972) 3 SCR 157 : (1972) 1 SCC 530
In the writ petition, there is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act, 1951 by which Open Ballot System is introduced which, according to the petitioner, violates the principle of ‘secrecy’ which, according to the petitioner, is the essence of free and fair elections as also the voter’s freedom of expression which is the basic feature of the Constitution and the subject matter of the fundamental right under Article 19(1)(a) of the Constitution.
We have noted with concern that the Special Court has unnecessarily spent valuable public time in writing the lengthy judgment for disposing of the claims of the appellants which, we feel, could have been decided by a brief but speaking orders. Brevity of orders on application of mind and not the length of the order is the criterion for adjudicating the rights of the parties which are otherwise subject to the decision of a Civil Court.
It will not be proper to be guided entirely by the fact that the appellant Sarita had removed the children from U.S.A. despite the order of the Court of that country. So also, in view of the facts and circumstances of the case, the decree passed by the American Court though a relevant factor, cannot override the consideration of welfare of the minor children.
The modern theory of conflict of Laws recognises and, in any event, prefers the jurisdiction of the State which has the most intimate contact with the issues arising in the case. The spouses in this case had made England their home where this boy was born to them. The father cannot deprive the English Court of its jurisdiction to decide upon his custody by removing him to India.
The Mohomedan law, on a question of what is legal cruelty between Man and Wife, would probably not differ materially from our own of which one of the most recent exposition is the following:- There must be actual violence of such a character as to endanger personal health or safety; or there must be a reasonable apprehension of it’
Desertion within the meaning of Section 10(1)(a) of the Act read with the Explanation does not imply only a separated residence and separate living. It is also necessary that there must be a determination to put an end to marital relation and cohabitation.
AIR 1995 SC 2001 : (1995) 1 Suppl. SCR 542 : (1995) 4 Suppl. SCC 286 : JT 1995 (5) SC 1 : (1995) 4 SCALE 1 (SUPREME COURT OF INDIA) Most. […]
AIR 1992 SC 1439 : (1992) 2 SCR 999 : (1992) 3 SCC 1 : JT 1992 (3) SC 98 : (1992) 1 SCALE 947 (SUPREME COURT OF INDIA) M/s. Shree Chamundi […]
AIR 2005 SC 2544 : (2005) 3 SCR 1037 : (2005) 10 SCC 760 : JT 2005 (5) SC 202 : (2005) 4 SCALE 633 (SUPREME COURT OF INDIA) CHURCH of NORTH […]
MINISTRY OF TRIBAL AFFAIRS State/Union Territory-wise list of Scheduled Tribes in India Andaman and Nicobar Islands In accordance with The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. Andamanese, Chariar, Chari, […]
KEYWORDS:- SPECIFIC PERFORMANCE OF CONTRACT AIR 1999 SC 2958 : (1999) 1 Suppl. SCR 75 : (1999) 7 SCC 114 : JT 1999 (5) SC 389 : (1999) 4 SCALE 466 (SUPREME […]
KEYWORDS:- UNREGISTERED DEED RATIO DECIDENDI : A document required to be registered is not admissible into evidence under Section 49 of the Registration Act. 2. Such unregistered document can however be used […]