Advertisement – When an advertisement is made inviting applications from the general public for appointment to a post or for admission to any course , the advertisement constitutes a representation to the public and the authority issuing it is bound by such representation. It cannot act contrary to it – An order of cancellation of …
Summary: Two Suits claiming partition of 2 properties- Trial Court dismissed suits – HC dismissed appeal against dismissal of one suit while allowed appeal against dismissal of another suit – Disposing appeals, SC held: the Impugned Judgment inasmuch as it relates to the Kamla Nagar property viz. RFA No.439 of 2008 stands set aside and …
Jugal Kishore Khanna (D) vs Sudhir Khanna 2024 INSC 224 – Partition Suit Read More »
Code Of Criminal Procedure, 1973; Section 228- Prevention of Corruption Act, 1988 -Income Tax Act, 1961 -In this case, the accused against whom charges were framed under the Prevention of Corruption Act, seek to rely upon findings recorded by authorities under the Income Tax Act- SC held: The scope of adjudication in both the proceedings …
Indian Penal Code, 1860; Section 153A IPC- In order to constitute offence, the prosecution must come out with a case that the words ‘spoken’ or ‘written’ attributed to the accused, created enmity or bad blood between different groups on the ground of religion, race, place of birth, residence, language, etc., or that the acts so …
Shiv Prasad Semwal vs State Of Uttarakhand 2024 INSC 220 – S 153A IPC – Read More »
High Court Judges (Salaries and Conditions of Service) Act 1954; Section 14 – A member of the Bar is entitled to the addition of ten years of service by virtue of the provisions of Section 14A. On the addition of the years of service, their pensionary benefits would be computed on the basis of the …
Arbitration And Conciliation Act, 1996; Section 7 –A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract – It provides for a conscious acceptance of the arbitration clause from another document, by the parties, as a part of …
Information Technology Act, 2000; Section 67 – Indian Penal Code, 1860; Section 292- “Obscenity” has been similarly defined in Section 292 and Section 67 as material which is: i. lascivious; or ii. appeals to the prurient interest; or iii. its effect tends to deprave and corrupt persons who are likely, having regard to all relevant …
Prevention of Money Laundering Act, 2002; Section 3– The offence as defined captures every process and activity in dealing with the proceeds of crime, directly or indirectly, and is not limited to the happening of the final act of integration of tainted property in the formal economy to constitute an act of money laundering. Of …
Satyendar Kumar Jain vs Directorate Of Enforcement 2024 INSC 217- PMLA – Bail Read More »
Indian Penal Code, 1860; Section 375 – Rape by giving promise to marry – Appeal against HC judgment Quashing criminal proceedings against accused dismissed- The allegations in the FIR so also in the restatement made before the Dy. S.P.,, do not, on their face, indicate that the promise by accused No. 1 was false or …
X vs A 2024 INSC 216 – Rape By Giving Promise To Marry – Quashing Read More »
Criminal Trial -Sentencing – In the process of arriving at the number of years which the convict will have to undergo before which the remission powers could be invoked, some of the relevant factors that the courts bear in mind are:- (a) the number of deceased who are victims of that crime and their age …