The word ‘entertain’ meant not ‘receive’ or ‘accept’ but proceed to consider on merits’ or ‘adjudicate upon’.

The word ‘entertain’ is explained by a Divisional Bench of the Allahabad High Court as denoting the point of time at which an application to set aside the sale is heard by the court. The expression ‘entertain’, it is stated, does not mean the same thing as the filing of the application or admission of… Read More The word ‘entertain’ meant not ‘receive’ or ‘accept’ but proceed to consider on merits’ or ‘adjudicate upon’.

What is Goodwill

In Ramnik Vallabhdas Madhvani and others Versus Taraben Pravinlal Madhvani[AIR 2004 SC 1084 : (2003) 5 Suppl. SCR 230 : (2004) 1 SCC 497 ] “goodwill”, as Lord Machaghten described ‘a thing very easy to describe, very difficult to define’, in Inland Revenue Commissioner vs. Muller and Co. (1901) AC 223). 67. The term ‘goodwill’ signifies the… Read More What is Goodwill

Nemo dat quod non habet means “no one gives what he doesn’t have”

“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 … vs Union Of India, Through The [ 1965 AIR 1954 ]   To the general rule expressed by the Maxim nemo dat quod non habet… Read More Nemo dat quod non habet means “no one gives what he doesn’t have”

whether a trial court can permit a lacuna in prosecution evidence to be filled up? Supreme Court said yes.

Cr.P.C. S.311: Lacuna Means inherent weakness or a latent wedge: After the defence and prosecution closed their evidence, the prosecution applied to resummon two of it’s already exmined witnessess, for proving it’s certain documents. Thus, a question arose, whether a trial court can permit a lacuna in prosecution evidence to be filled up? Upholding allowing the application,… Read More whether a trial court can permit a lacuna in prosecution evidence to be filled up? Supreme Court said yes.

Meaning of “Consultation with the Chief Justice of India” in Articles 217(1) and 222 (1) of the Constitution of India

1. The expression “consultation with the Chief Justice of India” in Articles 217(1) and 222 (1) of the Constitution of India requires consultation with a plurality of Judges in the formation of the opinion of the Chief Justice of India. The sole, individual opinion of the Chief Justice of India does not constitute “consultation” within… Read More Meaning of “Consultation with the Chief Justice of India” in Articles 217(1) and 222 (1) of the Constitution of India