Of the credit and duty of a judge, no question can arise; but it is otherwise respecting his knowledge, whether he be mistaken as to the law or fact.
Expressum facit cessare tacitum – Express mention of one thing implies the exclusion of other. This doctrine has been applied by this Court in various cases to enunciate the principle that expression […]
It is a well settled principle of statutory interpretation that when there is a conflict between the general law and the special law then the special law shall prevail. This principle will […]
When the law gives anything to anyone, it gives also all those things without which the thing itself would be unavailable.
On this admitted position the petitioners cannot be held to be trespassers in respect of the dharmasala, temple and shops; nor can it be held that the dharmasala, temple and shops belonged […]
An act does not make a person guilty without a guilty mind (Actus Non-Facit Reum Nisi Mens Sit Rea) and the crime is not committed if the mind of such person is […]
In M.S. Bindra Vs. Union of India and Others[(1998) AIR(SC) 3058], it was held: While evaluating the materials the authority should not altogether ignore the reputation in which the officer was held […]
The immediate cause of action
It is a settled legal position that law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute show prescribes. The […]
“Nemo plus iuris ad alium transferre potest quam ipse habet” rule, which means “one cannot transfer more rights than he has” Supreme Court of India in The Morvi Mercantile Bank Ltd. And … […]