Doctrine of bona fide purchaser –The doctrine of bona fide purchaser for value applies in situations where the seller appears to have some semblance of legitimate ownership rights. However, this principle does not protect a subsequent purchaser if the vendor had already transferred those rights through a prior sale deed. In a case where the …
Principle of Promissory Estoppel Or Legitimate Expectation – A prior executive decision does not bar the State legislature from enacting a law or framing any policy contrary to or in conflict with the previous executive decision in furtherance of larger public interest. Nor can it be canvassed that the law laid down by the legislature …
Arbitration and Conciliation Act, 1996; Section 11 – The initiation of arbitration and criminal proceedings under Section 138 of the Negotiable Instruments Act 1881 are separate and independent proceedings that arise from two separate causes of action. Therefore, the institution of the proceedings under Section 138 does not imply a ‘continuing cause of action’ for …
Elfit Arabia vs Concept Hotel BARONS Limited 2024 INSC 536 – S 11 Arbitration Act Read More »
NDPS Act, 1986; Section 37- While considering the application for bail made by an accused involved in an offence under NDPS Act a liberal approach ignoring the mandate under Section 37 of the NDPS Act is impermissible. Recording a finding mandated under Section 37 of the NDPS Act, which is sine qua non for granting …
State of Meghalaya vs Lalrintluanga Sailo 2024 INSC 537 – S 37 NDPS Act – Bail Read More »
Bail– An accused is entitled to a speedy trial- An accused or an undertrial has a fundamental right to speedy trial which is traceable to Article 21 of the Constitution of India. If the alleged offence is a serious one, it is all the more necessary for the prosecution to ensure that the trial is …
Negotiable Instruments Act, 1882; Section 138 & 147- Section 147 of the Negotiable Instruments Act, 1881 makes all offences under NI Act compoundable offences – Settlement agreement can be treated to be compounding of the offence – All the same, Section 320 (5) of CrPC provides that if compounding has to be done after conviction, …
New Win Export vs A Subramaniam 2024 INSC 535 – Negotiable Instruments Act- Compounding Read More »
Specific Relief Act, 1963; Section 16– Relief of specific performance of contract is a discretionary relief. As such, the Courts while exercising power to grant specific performance of contract, need to be extra careful and cautious in dealing with the pleadings and the evidence in particular led by the plaintiffs. The plaintiffs have to stand …
P Ravindranath vs Sasikala 2024 INSC 533 – Specific Relief Act Read More »
Arbitration and Conciliation Act, 1996; Section 11(6)- Scope and standard of judicial scrutiny that an application under Section 11(6) of the Act, 1996 can be subjected to when a plea of “accord and satisfaction” is taken by the defendant-The scope of enquiry at the stage of appointment of arbitrator is limited to the scrutiny of …
Summary: The respondent no.1 is 100 per cent visually impaired. He appeared in the Civil Services Examination, 2008 (CSE2008). Respondent no.1 gave four preferences for services in the following order: Indian Administrative Services (IAS), Indian Revenue Services-Income Tax (IRS (IT)), Indian Railway Personnel Service (IRPS) and Indian Revenue Service (Customs and Excise) (IRS (C&E)). After …
Union Of India vs Pankaj Kumar Srivastava 2024 INSC 471 – Civil Service Examination Read More »
Central Excise Act, 1944; Section 4A(1) – in view of sub-section (1) of Section 4A, the question is whether there is any requirement in the said Rules to declare the retail sale price of the commodity on the package. What is relevant is whether the package is of such nature that attracts any of the …