The position of the Chief Justice of a High Court in India

The position of the Chief Justice of a High Court was elucidated in a judgment of a three judge Bench of this Court in State of Rajasthan v Prakash Chand. During the course of the judgment the following broad conclusions were formulated in regard to the position of the Chief Justice: “(1) That the administrative control of the High Court vests in the Chief Justice … Continue reading The position of the Chief Justice of a High Court in India

List of Words Start with B in Indian Law Encyclopedia

List of law topics & legal articles BACKWARD CLASS BAD CHARACTER BAD DEBT BAD FAITH BADLI WORKMAN BAIL BAILMENT BALANCE BALANCE OF CONVENIENCE BALANCE SALE CONSIDERATION BALLISTIC EXPERT OPINION BANK GUARANTEE BANK LOAN BANKRUPTCY BANKER BANKER BOOK OF EVIDENCE BANKING DOCUMENTS BAR COUNCIL BAR OF ACQUIESCENCE BAR OF JURISDICTION BAR OF LIMITATION BAR OF SUIT BAR TO SPECIFIC PERFORMANCE BASIC FEATURE BASIC PAY BASIC RULE OF … Continue reading List of Words Start with B in Indian Law Encyclopedia

Abandonment-[ Indian Law Encyclopedia]

The meaning to be attached to the word ‘abandoned’ would depend upon the context in which it is used. In the context in which it occurs in S. 418(1), the meaning which can reasonably be attached to the word “abandoned” is ‘let loose’ in the sense of being ‘left unattended’ and certainly not ‘ownerless’. It is the duty of the Court in construing a statute … Continue reading Abandonment-[ Indian Law Encyclopedia]

Reopening of Evidence by Civil Court-[Indian Law Encyclopedia]

Supreme Court of India in K.K. Velusamy vs N. Palaanisamy, decided on 30 March, 2011, held:-   8. Order 18 Rule 17 of the Code enables the court, at any stage of a suit, to recall any witness who has been examined (subject to the law of evidence for the time being in force) and put such questions to him as it thinks fit. The power … Continue reading Reopening of Evidence by Civil Court-[Indian Law Encyclopedia]

Inherent Power of Civil Court-[Indian Law Encyclopedia]

Supreme Court of India  in K.K. Velusamy vs N. Palaanisamy, decided on 30 March, 2011 held :-   We may summarize them as follows: (a) Section 151 is not a substantive provision which creates or confers any power or jurisdiction on courts. It merely recognizes the discretionary power inherent in every court as a necessary corollary for rendering justice in accordance with law, to do what is … Continue reading Inherent Power of Civil Court-[Indian Law Encyclopedia]

Electronically recorded conversation-Admissibility [Indian Law Encyclopedia]

Supreme Court of India in K.K. Velusamy vs N. Palaanisamy on 30 March, 2011 held :  “The amended definition of “evidence” in section 3 of the Evidence Act, 1872 read with the definition of “electronic record” in section 2(t) of the Information Technology Act 2000, includes a compact disc containing an electronic record of a conversation. Section 8 of Evidence Act provides that the conduct of … Continue reading Electronically recorded conversation-Admissibility [Indian Law Encyclopedia]

Doctrine of Estoppels-Indian Law Encyclopedia

Supreme Court in the case of Subhash Chandra vs. Mohammad Sharif & Ors. reported in AIR 1990 SC 636 “Doctrine of estoppels ordinarily applies where the tenant has been let into possession by the plaintiff. Where the landlord has not himself inducted the tenant in the disputed property and his rights are founded on a derivative title, for example, as an assignee, donee, vendee, heir, etc., … Continue reading Doctrine of Estoppels-Indian Law Encyclopedia

Sub-Tenancy [Indian Law Encyclopedia]

 Supreme  Court in Bharat Sales Ltd. vs. Life Insurance Corporation of India (1998) 3 SCC 1, while dealing with the case of sub-letting succinctly explained the concept of sub-letting and what are its attributes. Justice Sagir Ahmad, speaking for the Two Judge Bench, held as under: “4. Sub-tenancy or sub-letting comes into existence when the tenant gives up possession of the tenanted accommodation, wholly or … Continue reading Sub-Tenancy [Indian Law Encyclopedia]