It must be mentioned right at the outset that in a significant development, the Supreme Court in a latest, landmark and extremely laudable judgment titled Hanif Khan @ Annu Khan Vs Central Bureau Of Narcotics Through Inspector L.P. Ojha in Criminal
It is most heartening to learn that as per an official release, the Government has notified 63 provisions of the Motor Vehicles Amendment Act 2019 including the ones dealing with enhanced penalties for various traffic offences. The new clauses would
In a noteworthy and commendable judgment titled The State of Tamil Nadu & Ors Vs G Hemalathaa & Anr in Civil Appeal No. 6669 of 2019 (Arising out of SLP (C) No. 14093 of 2019) delivered by the Supreme Court on August 28, 2019, a strict, ster
I have just no words to express my boundless dismay and dejection on first learning that a great legal luminary and a political stalwart whom we all know by the name of Arun Jaitley has finally left us and left for his heavenly abode on August 24!
A 3-judge bench of the Supreme Court consisting of Justice Sharad Bobde, Justice R. Subhash Reddy and Justice Bhushan Gavai, has through its judgment in the case � Kum C. Yamini v. The State of Andhra Pradesh & Another, delivered on August
It is most heartening and most refreshing to learn that in a major significant development, the Allahabad High Court has in a latest, landmark and extremely laudable judgment titled Sushil Chandra Srivastava and Another Vs State of UP and Others in
Introduction: 2018 witnessed several notable developments in the competition law regime of India, with welcome changes, brought about by the Competition Commission of India (�CCI�) and the Ministry of Corporate Affairs (�MCA�
A Supreme Court division bench consisting of Justice N.V.Ramana and Justice Mohan M. Shantanagoudar have declared in the judgment of the case - Chennadi Jalapathi Reddy v. Baddam Pratapa Reddy (Dead) through LRs& Another, delivered on August 27,
It is really astonishing to learn that the former Finance Minister of India who is also an eminent and senior Supreme Court lawyer � P Chidambaram has been refused anticipatory bail by the Delhi HC.
The study of disasters reveals a consistent mixture of bad design, poor safety procedures and human error.
This article discusses of 1.0 What is easements, Ancient Lights, 2.0 Continuous & non continuous, Apparent & non-apparent easements 3.0 who may acquire easements, easements of necessity and quasi easements with case laws, acquisition of presc
The Act has been amended thereby incorporating section 143A which has been notify on 01.09.2018 and applicable in this case. Section 143A of Act is being reproduce herein below: 143A. Power to direct interim compensation: (1) Notwithstanding anythi
The appropriate form of action to establish the existence of a public right of way is usually one declarator, which may be raised in either the Court of Session or the sheriff Court within
In Mann vs Brodie, Lord Watson suggested that the basis for the constitution of a public right of way by prescription was nothing other than continuous user over the prescriptive period.
Servitude can be extinguished in whole or in part by renunciation, non utendo, by prescription, elapsing of the limited period for which they were created, extinction of either of the tenement and confusio. There are, however,
INTRODUCTIONThe creation of servitude by implication is a wide topic. In theory, a distinction can be made between two main types of implication. First, an assertion that a servitude is created by an implication ar
The remedies in respect of servitudes are similar to those in the context of rights of way. The primary remedy to establish the existence or non-existence office servitude right is declarator. An action of declarator may
Arguments by Senior Advocate Rajeev Dhawan on 2nd September (Day 17)In a shocking twist in the Ayodhya case currently heard by the Supreme Court, on Monday, Senior Advocate Rajeev Dhawan who represents the Muslim parties in the issue has argued that
INTRODUCTIONIn theory, a negative servitude could be created by statue, decree arbitral or judicial decree but, leaving those possibilities aside, we examine the stated proposition that a negative servitude can be
The rights and obligations on the proprietors of the servient and dominant tenements are implied by law, but they may be confirmed expressly or, within certain limitations, varied or sup