Enemy Property – The Custodian for Enemy Property in India, in whom the enemy properties vest including the subject property, does not acquire ownership of the said properties. The enemy properties vest in the Custodian as a trustee only for the management and administration of such properties -The Central Government may, on a reference or …
Contempt application preferred by the appellant alleging non-compliance of order was dismissed by Jharkhand HC – Allowing appeal, SC held: The respondents have failed to faithfully comply with the orders passed by the Jharkhand High Court as well as this Court. 30. As a consequence, it is hereby directed that the appellant shall be entitled …
Domco Smokeless Fuels Pvt Ltd vs State Of Jharkhand 2024 INSC 133 – Contempt Read More »
Directions issued by in the Judgment reported in Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 – States, Union Territories, High Courts, Union of India, CBI and NALSA to file their updated compliance affidavits on the above referred aspects within a period of 8 weeks from today, and the learned Amicus …
Satender Kumar Antil vs Central Bureau Of Investigation 2024 INSC 134 Read More »
Contract Law – Interpretation of Contractual Terms – Once the parties committed themselves to a written contract, whereby they reduced the terms and conditions agreed upon by them to writing, the same would be binding upon them. In the event such a written contract provided for the consequences that are to follow in the event …
Code of Criminal Procedure, 1973; Section 319 –Discretionary powers under Section 319 of the CrPC ought to have been used sparingly where circumstances of the case so warrant – crucial test to be applied is one which is more that prima facie case as exercised at the time of framing of charge, but short of …
Summary : Challenge against electoral malpractices by the presiding officer who conducted the election to the post of Mayor at the Chandigarh Municipal Corporation – Result of the election as declared by the Presiding Officer shall stand quashed and set aside -The appellant, Kuldeep Kumar, is declared to be the validly elected candidate for election …
Kuldeep Kumar vs UT Chandigarh 2024 INSC 129 :: [2024] 2 S.C.R. 693 – Mayor Elections – Read More »
National Green Tribunal – Appeal against exparte directions of the Tribunal to remove ‘encroachments’ on the ground that the constructions are in violation of Forest (Conservation) Act, 1980- Setting aside these directions, SC noted: NGT not following judicial culture of giving an opportunity of hearing to the parties who may be affected by its directions. …
Jamshid Kersi Dalal vs Union Of India 2024 INSC 123 – NGT – Ex Parte Orders Read More »
Indian Evidence Act, 1872; Section 90– If the document is more than 30 years old and is being produced from proper custody, a presumption is available to the effect that signatures and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting and …
Criminal Trial – non-recovery of the weapon of crime- By itself non-recovery of the weapon of crime would not be fatal to the prosecution case. When there is such non-recovery, there would be no question of linking the empty cartridges and pellets seized during investigation with the weapon allegedly used in the crime. Obtaining of …
Service Law – Withdrawal Of Resignation – In the absence of anything contrary in the provisions governing the terms and conditions of the office or post and in the absence of any legal contractual or constitutional bar, a prospective resignation can be withdrawn at any time before it becomes effective – the prospective or intending …