What is the meaning of “Office”

The meaning to the word office’ given in the Statesman (P) Ltd. vs. H. R. Deb, AIR 1968 SC 1495. In the Statesman case, AIR 1968 SC 1495 this Court approved of the observations of Lord Wright in Macmillan vs. Guest, 1942 AC 561 to the following effect: “The word “office” is of indefinite content. Its various meanings cover four columns of the New English … Continue reading What is the meaning of “Office”

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 value of the business in the hands of a successor, … Continue reading 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 (no one can convey a better title than what he had), … Continue reading Nemo dat quod non habet means “no one gives what he doesn’t have”

Meaning of the word “proper”

In Corpus Jurisdiction Secundum, Volume 73, meaning of the word “proper” is given at pages 155 & 156 as under:- ” PROPER. The word “proper” is an adjective. It is not necessarily a relative term, but in some connections the word may be definite and specific, particularly when used in connection with a definite subject matter. “Proper” is variously defined as meaning conforming to a … Continue reading Meaning of the word “proper”

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, held that the conventional concept is that the court should … Continue reading whether a trial court can permit a lacuna in prosecution evidence to be filled up? Supreme Court said yes.

Sunil Batra Versus Delhi Administration[ ALL SC 1979 DECEMBER]

KEYWORD:-PAROLE- HARD LABOUR- OUTDATED LEGISLATION AIR 1980 SC 1579 : (1980) 2 SCR 557 : (1980) 3 SCC 488 : (1980) CriLJ SC 1099 (SUPREME COURT OF INDIA) Sunil Batra Appellant Versus Delhi Administration Respondent (Before : V. R. Krishna Iyer, R. S. Pathak And O. Chinnappa Reddy, JJ.) Writ Petn. No. 1009 of 1979, Decided on : 20-12-1979. Interpretation of Statutes—Supplying deficiency—Duty of court … Continue reading Sunil Batra Versus Delhi Administration[ ALL SC 1979 DECEMBER]

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 the meaning of the said Articles. 2. The transfer of … Continue reading Meaning of “Consultation with the Chief Justice of India” in Articles 217(1) and 222 (1) of the Constitution of India

Telangana Housing Board Vs. Azamunnisa Begum (D) through LRS. & Ors[ALL SC 2018 MAY]

KEYWORDS:- Meaning of ‘clerical error’ DATE:-May 1, 2018 ACTS:-Section 87 of the Andhra Pradesh (Telangana Area) Land Revenue Act SUPREME COURT OF INDIA Telangana Housing Board Vs. Azamunnisa Begum (D) through LRS. & Ors. [Civil Appeal Nos. 4632-4638 of 2018 arising out of S.L.P. (C) Nos. 21856-21862 of 2010] Madan B. Lokur, J. Leave granted. 1. The question for our consideration relates to the interpretation … Continue reading Telangana Housing Board Vs. Azamunnisa Begum (D) through LRS. & Ors[ALL SC 2018 MAY]