Specific Relief Act,1963; Section 16- To obtain a decree for specific performance, the plaintiff must aver and prove that he has performed his part of the contract and has always been ready and willing to perform the terms of the contract which are to be performed by him. Section 16(c) of the Specific Relief Act …
Pydi Ramana @ Ramulu vs Davarasety Manmadha Rao 2024 INSC 507 Read More »
Land Acquisition – The purpose for which the land is acquired must be taken into consideration while determining development charges- market value is determined based on the price of a willing buyer- a willing seller at arm’s length – When there is a choice between an exemplar where the transaction is between unrelated parties dealing …
Kazi Akiloodin vs State Of Maharashra 2024 INSC 505 – Land Acquisition Read More »
Indian Penal Code,1860; Section 300 -If there was no intention on the part of the accused to cause bodily injury to the deceased and other injured witnesses, there was no reason for him to go back to his house and bring the weapon. He brought the billhook from his home, obviously to make an assault. …
Shanmugasekar vs State of Tamil Nadu 2024 INSC 504 Read More »
Prevention Of Corruption Act, 1988; Sections 7 and 13(1)(d) , 13(2)-In order to bring home the guilt of the accused, the prosecution has to prove the demand of illegal gratification and the subsequent acceptance, by either direct or circumstantial evidence. (Para 28)
Supreme Court Rules,2013; Order XXVI Rule 6– A plaint is liable to be rejected where it does not disclose a cause of action or where the suit appears from the statement in the plaint to be barred by any law.- Order XXVI Rule 6 (a) and (b) are analogous to the provisions in clauses (a) …
Constitution of India, 1950; Article 226,12- Imparting education involves public duty and therefore public law element could also be said to be involved. If there is a breach of a covenant of a private contract, the same does not touch any public law element. The school cannot be said to be discharging any public duty …
Army Welfare Education Society vs Sunil Kumar Sharma 2024 INSC 501 Read More »
Constitution Of India,1950; Article 226- Code Of Civil Procedure,1908 ; Section 141 and Order XXI Rule 90- The provisions of the CPC do not apply to writ petitions under Article 226 of the Constitution of India except some of the principles enshrined therein like res judicata, delay and laches, addition of parties, matters which have …
All India Tourist Vehicles (Permit) Rules, 2023 – legality of different State Governments levying and collecting Authorization Fee/Border Tax in violation of All India Tourist Vehicles (Permit) Rules, 2023- Whether levy and realization of taxes by the respective states is covered by the Act and Rules framed by the respective States under Entries 56 & …
Summary: In a suit filed for partition and separate possession claiming that the appellant/plaintiff was the son of respondent no. 1/defendant no. 1, born from his marriage with Padminibai, very heavy burden was on the appellant/plaintiff to prove this fact, when the factum of marriage was denied by the respondent no. 1/defendant no. 1, as …
Punjab Land Reforms Act, 1972; Section 21 – Section 21 of the Land Reforms Act bars the jurisdiction of Civil Courts only in specific circumstances: (a) suits for specific performance of a contract for transfer of land, and (b) questioning the validity of any proceeding or order taken or made under the Act – The …
Ujagar Singh (D) vs Punjab State 2024 INSC 497 – S 21 Punjab Land Reforms Act, 1972 Read More »