Indian Penal Code, 1860; Section 96-106- Right To Private Defence – (i) Self-preservation is the basic human instinct and is duly recognised by the criminal jurisprudence of all civilised countries. All free, democratic and civilised countries recognise the right of private defence within certain reasonable limits. (ii) The right of private defence is available only …
Practice and Procedure – Miscellaneous Applications – A post disposal application for modification and clarification of the order of disposal shall lie only in rare cases, where the order passed by this Court is executory in nature and the directions of the Court may become impossible to be implemented because of subsequent events or developments …
Adverse Possession – When a party claims adverse possession, he must know who the actual owner of the property is – To prove the plea of adverse possession :- (a) The plaintiff must plead and prove that he was claiming possession adverse to the true owner; (b) The plaintiff must plead and establish that the …
M Radheshyamlal vs V Sandhya 2024 INSC 214 – Adverse Possession Read More »
U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 ; Section 55 -It may be seen from Section 55 of the 1965 Act that the compensation for the acquired land was required to be assessed in accordance with the provisions of the Land Acquisition Act 1894, which stood repealed w.e.f. 01.01.2014 by the Right to Fair Compensation …
Section 143A – Not Retrospective – Directory Section 143A to be prospective in operation and that the provisions of said Section 143A can be applied or invoked only in cases where the offence under Section 138 of the Act was committed after the introduction of said Section 143A in the statute book. [G. J. Raja vs Tejraj …
Sections 143A and 148 NI Act – Retrospective Or Not? Mandatory Or Directory? Read More »
Code Of Criminal Procedure, 1973; Section 389 – High Court rejected accused’s plea for suspension of sentence on the ground that he had faced charge under Section 302 IPC though his actual conviction was for commission of offence under Part 2 of Section 304 IPC, Allowing appeal, SC observed: The offence he was charged with …
Jor Singh vs State Of Rajasthan CrA 1585 Of 2024 – S 389 CrPC – Suspension Of Sentence Read More »
SARFAESI Act, 2002; Section 13 – There being a mortgage and the loan amounts recoverable, the appellant guarantor is entitled to proceed under the SARFAESI Act. The liability of the guarantor is joint and several with the principal debtor [State Bank of India is entitled to proceed under the SARFAESI Act, including the notice under …
Summary: Civil appeals against the High Court of Karnataka judgment whereby compensation for the acquired land was enhanced – Allowing appeal, SC observed: We deem it appropriate to remand these cases also to the High Court so that a holistic view pertaining to the subject acquisition, at least project wise, can be taken by the …
Executive Engineer KNNL vs Subhashchandra 2024 INSC 208 – Land Acquisition Read More »
Electoral Bonds – Association For Democratic Reforms vs Union Of India 2024 INSC 113 :: [2024] 2 S.C.R. 420 – Further Directions issued: (i) The Registrar (Judicial) of this Court shall ensure that the data which has been filed by ECI in pursuance of the interim orders of this Court is scanned and digitized. This …
Negotiable Instruments Act, 1881; Section 141 – For making a Director of a Company liable for the offences committed by the Company under Section 141 of the Act, there must be specific averments against the Director showing as to how and in what manner the Director was responsible for the conduct of the business of …