Contempt Of Courts Act, 1952—Section 3—Court—MEANING of—Courts subordinate to High Court—MEANING of—Court of a quasi judicial tribunal created under Statute is not covered by the EXPRESSION ‘court’.
Required of a court is the capacity to deliver a “definitive judgment”, and unless this power vests in a tribunal in any particular case, the mere fact that the procedure adopted by it is of a legal character and it has the power to administer an oath will not impart to it the status of a Court
Updated: 2020 March SINDH HIGH COURT RULES AND FORMS ON THE ORIGINAL SIDE IN ITS SEVERAL JURISDICTIONS (ON THE ORIGINAL SIDE) CONTENTS PART I G E N E R A L CHAPTER […]
The Policy seeks to achieve its objectives, by efficient utilisation of existing resources. We have to operate by remaining within the given legal/procedural framework. The laws are indeed time-tested.
Possession is to be protected because a man by taking possession of an object has brought it within the sphere of his will. He has extended his personality into or over that object. As Hegel would have said, possession is the objective realization of free will. And by Kant’s postulate, the will of any individual thus manifested is entitled to absolute respect from every other individual, and can only be overcome or set aside by the universal will, that is, by the state, acting through its organs, the courts.
But the philosophical analysis of every wrong begins by determining what the defendant has actually chosen, that is to say, what his voluntary act or conduct has been, and what consequences he has actually contemplated as flowing from them, and then goes on to determine what dangers attended either the conduct under the known circumstances, or its contemplated consequence under the contemplated circumstances.
The distinction between the functions of court and jury does not come in question until the parties differ as to the standard of conduct. Negligence, like ownership, is a complex conception. Just as the latter imports the existence of certain facts, and also the consequence (protection against all the world) which the law attaches to those facts; the former imports the existence of certain facts (conduct) and also the consequence (liability) which the law attaches to those facts. In most cases the question is upon the facts, and it is only occasionally that one arises on the consequence.
A court of common pleas, consisting of a competent number of judges, commissioned by the Governor, was required to be held in each of said districts, to hold pleas of assize, scire facias replevins, and hear and determine all manner of pleas, suits, actions and causes, civil, personal, real and mixed according to law.
The Silver Age of the Common Law-From the Accession of Edward I to the Death of Edward III- John Maxcy Zane
These men must have kept in mind an enormous amount of procedural rules. There were four hundred and seventy-one different original writs, each showing a different form of action and requiring its own special procedure.
Civil Procedure Code, 1908—Section 100 and 101—Appeal—Letters Patent Appeal—Scope of—A Division Bench hearing appeal against the Judgment of single Judge is not limited to question of law as in case of Second Appeal but whole matter is open in respect of both questions of law as well as fact.
Family arrangement—Implied arrangements—Conduct of members of family can be considered to ascertain that family arrangement in fact existed—Circumstances in which registration of family arrangement necessary, indicated.
FAMILY SETTLEMENT-the family settlement arrived at by the parties was oral, and the petition filed by them on August 7, 1956 before the Assistant Commissioner was merely an information of an already completed oral transaction. In other words, the petition was only an intimation to the Revenue court or authority that the matters in dispute between the parties had been settled amicably between the members of the family, and no longer required determination and that the mutation be effected in accordance with that antecedent family settlement. Since the petition did not itself create or declare any rights in immovable property of the value of Rupees 100 or upwards, it was not hit by Sec. 17 (1) (b) of the Registration Act, and as such was not compulsorily registrable.
Section 100 Code of Civil Procedure jurisdiction of the High Court to entertain a second appeal is confined only to such appeals which involve a substantial question of law
SECOND APPEAL-It is, open to the High Court to reframe substantial question of law or frame substantial question of law afresh or hold that No. substantial question of law is involved at the time of hearing the second appeal but reversal of the judgment and decree passed in appeal by a court subordinate to it in exercise of jurisdiction under Section 100 of the Code is impermissible without formulating substantial question of law and a decision on such question.
Hindu Law—Partition—Partition suit decreed by High Court in favour of defendant-respondent reversing decree of Trial Court—Some manipulative alterations were made in Will giving an impression that before putting his left thumb mark, testator had consciously disinherited respondent—Execution of second Will was highly suspicious and not a voluntary act of testator—Appeal dismissed.
Limitation Act, 1963—Articles 64 and 65—Adverse possession—Co-owner—Permissibility—Sole possession by one co-owner is not sufficient—There must be open assertion of hostile title against the other.
Copy right Act-Under the Copyright Act 1957 registration is not compulsory. There is no section in the Copyright Act 1957, to the effect that the author can have no right or remedy un-less the work is registered. Section 13 of the Copyright Act provides that copy-right shall subsist throughout India in certain classes of works which are enumerated in the section. Section 45 of the Act provides that the author or publisher of, or the owner of or other person interested in the copyright in any work may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of Copyrights for entering particulars of the work in the Register of Copyrights. This section does not say that registration is compulsory.
WILL-it is the overall assessment of the Court on the basis of the unusual features appearing in the Will or the unnatural circumstances surrounding its execution, that justifies a close scrutiny of the same before it can be accepted.
Kerala Land Reforms Act 1963 (Act No. 1 of 1964) Ed: 2020 An Act to enact a comprehensive legislation relating to land reforms in the State of Kerala. Preamble. – Whereas it […]
Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Injunction-Prima facie case made out by appellant-Trust as to agreement for sale, which has to go to trial—Whether there was a concluded contract or not between appellant-Trust and the respondents is a matter of evidence and can only be gone into during trial of suit—Interim order is required to be passed to maintain status quo of suit property—Prima facie case is in favour of appellant-Trust