NDPS Act, 1986; Section 42– Absolute noncompliance of the statutory requirements under the Section 42(1) and (2) of the NDPS Act 1985 is verboten. However, any delay in the said compliance may be allowed considering the same is supported by wellreasoned explanations for such delay. (Para 31-32) NDPS Act, 1986; Section 41 – Empowered Gazetted …
Voter’s Right to Know – SC Rejects the contention that the voter’s ‘right to know’ is absolute and a candidate contesting the election must be forthright about all his particular -We are not inclined to accept the blanket proposition that a candidate is required to lay his life out threadbare for examination by the electorate. …
Transfer of Property – If a document seeking to convey immovable property ex-facie reveals that the conveyer does not have the title over the same, specific declaration that the document is invalid would not be necessary. The Court can examine the title in the event any party to the proceeding sets up this defence. (Para …
Limitation Act, 1963; Section 3, 5 –(i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself; (ii) A right or the remedy that has not been exercised or availed of for a long time must come to …
Code Of Civil Procedure, 1908; Section 100 – Second Appeal – High Court acting in second appellate jurisdiction could not have arrived at a new finding of fact without any foundation being laid therefor. (Para 27) Summary: Trial Court decreed the suit in part, holding that the plaintiff was entitled to partition and separate possession …
Vitthalrao Marotirao Navkhare vs Nanibai (D) 2024 INSC 283 – Second Appeal – S 100 CPC – Read More »
Representation of the People’s Act, 1951 – Right to contest election or to question the election by means of an Election Petition is neither common law nor fundamental right. It is a statutory right governed by the statutory provisions of the RP Act. Outside the statutory provisions, there is no right to dispute an election. …
Code Of Criminal Procedure, 1973; Section 451 – Gujarat Prohibition Act; Section 98, 132– Section 451 of the Cr.P.C. would come into play when the article property seized during the course of inquiry or investigation is produced before the jurisdictional Court as per Clause (a) of Section 132 and the Court is called upon to …
Code Of Criminal Procedure, 1973; Section 482, 397 – Limitation Act, 1963,Article 131 – In the event a revision is lawfully instituted before the High Court but the same is thereafter found to be not maintainable on some other ground, it would be open to the High Court to treat the same as a petition …
Limitation Act, 1963; Section 5 – ‘Sufficient Cause’ – The term has to be construed liberally and in order to meet the ends of justice. The reason for giving the term a wide and comprehensive meaning is quite simple. It is to ensure that deserving and meritorious cases are not dismissed solely on the ground …
Summary: Vide order dated 19 April 2021, restrictions were imposed on the setting up of overhead transmission lines in a large swath of territory of about 99,000 square kilometres – Modifying the said order, SC observed: A blanket direction for undergrounding high voltage and low voltage power lines of the nature that was directed by …
M K Ranjitsinh vs Union of India 2024 INSC 280 – Great Indian Bustard – Environment Read More »