Summary: High Court quashed order of resumption of the plot – Allowing appeal, SC observed: ere was no document whatsoever produced by the said alleged tenant to show that it was the tenant of the original allottees – Manjit Kumar Gulati and Ors. When the original allottees themselves had failed to comply with the conditions …
Constitution of India – Article 32 and 226 -No miscellaneous application is maintainable in a writ petition to revive proceedings in respect of subsequent events- When proceedings stand terminated by final disposal of the writ petition be it under Article 32 of the Constitution or Article 226 of the Constitution before the High Court, it …
Contempt of Courts Acts 1971 – In order to punish a contemnor, it has to be established that disobedience of the order is ‘wilful’. It means knowingly-intentional, conscious, calculated and deliberate with full knowledge of consequences flowing therefrom. It would exclude casual, accidental, bonafide or unintentional acts or genuine inability and would also not include …
Chaduranga Kanthraj Urs Vs P. Ravi Kumar 2024 INSC 957- Contempt Of Court Act Read More »
Summary: Allowing appeal, SC observed: A decree granted by the Trial Court could not have been set aside merely because there was an amendment to the Written Statement made by the first defendant and in the absence of any evidence being let in support of the claim made- any averment made in a plaint or …
Jayanandan vs Suresh Kumar 2024 INSC 956 – Amendment Of Written Statement Read More »
Public appointments – Even if in some cases appointments have been made by mistake, or wrongly, that does not confer any right on another person.(Para 20) Constitution of India -Article 14– Article 14 does not envisage negative equality, and if the State committed the mistake, it cannot be forced to perpetuate the same mistake. (Para …
Coal Bearing Areas (Acquisition and Development) Act, 1957- Sections 10,11 – The rights conferred under sub-section (2) of Section 10 are limited in nature as compared to sub-section (1) and such a distinction must be appreciated when determining the nature of acquisition by the Central Government. It must be noted that such a contrast in …
Indian Penal Code 1860 – Section 498A – The inclusion of Section 498A of the IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State- Growing tendency to misuse provisions like Section 498A of the IPC as a …
Dara Lakshmi Narayana Vs State Of Telangana 2024 INSC 953- 498A IPC – Misuse Read More »
Indian Evidence Act 1872 – Section 106 – In cases based on circumstantial evidence, the accused’s failure to provide a reasonable explanation as required under Section 106 of the Evidence Act can serve as an additional link in the chain of circumstantial evidence – but only if the prosecution has already established other essential ingredients …
Nusrat Parween vs State Of Jharkhand 2024 INSC 955 – S 106 Evidence Act – Murder Case Read More »
Land Acquisition Act 1894 -Section 28A – The conditions which are required to be satisfied for invoking the provisions of Section 28-A(1): (i) An award has been made by the Court under Part III of the Act after coming into force of Section 28-A; (ii) By the said Award, the amount of compensation in excess …
Prevention of Corruption Act – Section 19 – Under sub-section 3(a) of Section 19, no finding, sentence or order by a Special Judge shall be reversed by a court of appeal on the ground of absence, error, omission or irregularity in the sanction- However, such a restraint against reversal or alteration is always subject to …