ADVOCATETANMOY LAW LIBRARY

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12/04/2026

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Distinction between a decree passed by a Court having no jurisdiction and a decree of a court which is illegal or not passed in accordance with law. cropped-library.jpg

Distinction between a decree passed by a Court having no jurisdiction and a decree of a court which is illegal or not passed in accordance with law.

advtanmoy 01/10/2018
A decree suffering from illegality or irregularity of procedure, cannot be termed inexecutable by the executing...
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If any ground which was argued but not considered aggrieved party can file an application for review or clarification.

If any ground which was argued but not considered aggrieved party can file an application for review or clarification.

advtanmoy 01/10/2018
04-04-1985-It is not unusual for parties and counsel to raise innumerable grounds in the petitions and memoranda...
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Inherent powers are to be exercised by Court in very exceptional circumstances, for which the Code lays down no procedure

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

advtanmoy 17/08/2018
The civil courts are authorised to pass such orders as may be necessary for the ends of...
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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? Apex court

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?

advtanmoy 19/07/2018
Whether “judicial obstinacy” can be treated as a form of “bias” is the question which we intend...
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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?

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?

advtanmoy 18/07/2018
Under sub-section (1)(a) of S. 28 there is a mandate to the Arbitral Tribunal to decide the...
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What makes an agreement, which is otherwise legal, void is that its performance is impossible except by disobedience of law.

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

advtanmoy 18/07/2018
In Shri Lachoo Mal v. Shri Radhey Shyam, (1971) 1 SCC 619 this Court while deciding whether...
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Where there is sufficient evidence against the accused, which may establish the charge against him/her, the proceedings cannot be quashed.

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

advtanmoy 12/07/2018
It is of course a settled legal proposition that in a case where there is sufficient evidence...
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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. Supreme court of india

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.

advtanmoy 27/06/2018
Collector of Central Excise, Calcutta Versus M/s. Alnoori Tobacco Products and another [All SC 2004 July] AIR 2004 SCW...
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The Court tried to read the Human RIGHTS position in the context of adverse possession , which is commendable.

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

advtanmoy 25/06/2018
In Karnataka State Financial Corporation Versus N. Narasimahaiah and OTHERS [AIR 2008 SC 1797 : (2008) 4 SCR 853 :...
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Article 22(3)(b) of the Constitution of India which permits preventive detention is only an exception to Article 21 of the Constitution- Explanation

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

advtanmoy 25/06/2018
An exception is an exception, and cannot ordinarily nullify the full force of the main rule, which...
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Which Evidence the Court permits or requires to be made before it in a Suit or Proceeding [ Relevant evidence]

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

advtanmoy 16/06/2018
Permissible hearsay Evidence [s 1to 16] HERESAY EVIDENCE-Hearsay evidence is that which attempts to prove the event...
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