Article 136 of the Limitation Act 1963 being the governing statutory provision, prescribes a period of twelve years when the decree or order becomes enforceable. The word enforce in common acceptation means […]
What is a substantial question of law would certainly depend upon facts and circumstances of every case and if a question of law had been settled by the highest court of the country that question however important and difficult it may have been regarded in the past and however large may be its effect on any of the parties, would not be regarded as substantial question of law. In Raghunath Prasad v. Deputy Commissioner of Partabgarh  54 LA. 126 the Judicial Committee observed that a question of law to be considered a “substantial question of law” need not be one of general importance and it could be a substantial question “as between the parties”.
To define the words “Judicial” and “quasi-judicial” in the case of Cooper vs. Wilson, (1935) 2 K.B. 309 at p. 340:(166 L.J. K.B. 728). The relevant quotation reads thus: “A true judicial […]
The word “business” has been defined by the Act in S. 2 (5) of the Indian Income-tax Act, 1922 as follows: “Business” includes any trade, commerce or manufacture or any adventure in […]
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 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 […]
in K.T. Huchegowda v. Dy. Commissioner [(1994) 3 SCC 536], Supreme Court held: “8. On a plain reading, granted land will mean, any land granted by the Government to a person, who […]
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 […]
“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 … […]
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 […]
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. […]
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 […]
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 […]
In order to steer clear of the above interpretation of Section 11 (2) learned counsel for the employees put forward the argument that the word ‘or’ occurring in the section should not […]
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. […]
Labor law The definition of appropriate government is different under each enactment. However, the central government is the appropriate government under almost all enactments for Railways, Cantonment Boards, Major Ports, Mines and Oilfields, Banking […]
Section 438 of the Code of Criminal procedure gives is generally referred to as ‘anticipatory bail’. This expression which was used by the Law Commission in its 41st Report is neither used […]
To treat an imaginary state of affairs as real. In Bhavnagar University v. Palitana Sugar Mill (P) Ltd. and Ors., (2003) 2 SCC 111, it was held that the purpose and object […]
Supreme Court in Ujagar Singh v. State of Punjab, (1952) SCR 756 while construing the words “as soon as may be” in Section 7 of the Preventive Detention Act, 4 of 1950 […]