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Articles by Swami Sadashiva Brahmendra Sar

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Market value for acquired land

  Swami Sadashiva Brahmendra Sar   16 June 2009 at 19:58

In CIVIL APPEAL NO.3332 OF 2001 T.S. Ramachandra Shetty v. Chairman, Karnataka Housing Board& Another[i], the appellant had purchased only an year ago, the that very piece of land for Rs.45,000/- and after an year, the State had given compensati ..


Posted in Civil Law |   2087 Views


Tolerance is foundation of marriage but...

  Swami Sadashiva Brahmendra Sar   16 June 2009 at 10:19

In Naveen Kohli v. Neelu Kohli[1] His Lordship Hon. Dalveer Bhandari, J said : The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other's fault to a certain bearable extent has to be inherent in ..


Posted in Family Law |   2641 Views


Judicial review of departmental proceedings

  Swami Sadashiva Brahmendra Sar   16 June 2009 at 10:19

Ordinarily, a court would not interfere with the findings of the Enquiry Officer. He is entitled to draw his own inference and so long as the inference drawn by him is supported by some materials on record, it is well settled that a Court of judicial ..


Posted in Labour & Service Law  2 comments |   4088 Views


Approbate and Reprobate

  Swami Sadashiva Brahmendra Sar   15 June 2009 at 08:34

Approbate and Reprobate; Case Laws-Approbate and Reprobate; Approbate and Reprobate-Relevant case laws ..


Posted in Civil Law |   39833 Views


Inclusion in select list - No right to appointment

  Swami Sadashiva Brahmendra Sar   14 June 2009 at 08:48

In Shankarasan Dash v. Union of India, (1991) 2 SCR 567 : (1991 AIR SCW 1583), a Constitution Bench had held that mere inclusion of the name in the list of selected candidates does not confer any right upon any candidate to be selected unless the rel ..


Posted in Constitutional Law  2 comments |   2831 Views


clerical and arithmetical error

  Swami Sadashiva Brahmendra Sar   14 June 2009 at 08:48

Section 362 Cr. P.C. clearly bars the court to alter or review its judgment or final order except to correct a clerical or arithmetical error. What is clerical or arithmetical error has been explained by Hon'ble Apex Court in the case of 'Master Cons ..


Posted in Criminal Law |   5950 Views


Apex Court's concern over power of attorney sales

  Swami Sadashiva Brahmendra Sar   12 June 2009 at 09:57

The Apex Court has taken serious note of practice of transfer of property through power of attorney as a substitute to regular sale. In a SPECIAL LEAVE PETITION (C) NO CC 5804/2009 Suraj Lamp & Industries (P) Ltd. Thru. DIR ...v.State of Haryana ..


Posted in Property Law |   6411 Views


Remedy in absence of review power

  Swami Sadashiva Brahmendra Sar   11 June 2009 at 23:40

Criminal courts have no inherent powers as compared to civil courts which has been conferred to set aside ex parte judgment or order and to review its own order under the provisions of C.P.C. There is no such corresponding provision in the Cr.P.C. O ..


Posted in Criminal Law |   2193 Views


Court Management and good administration

  Swami Sadashiva Brahmendra Sar   11 June 2009 at 23:40

This article is reproduction of views of Hon. Yatindra Singh,J (Allahabad High Court) while passing interim order in WRIT - A No. 16879 of 1999, Net Singh Vs. Labour Secy., U.P. Shasan Lko. & Others. Where his lordship observed that:“ The ..


Posted in Constitutional Law |   1302 Views


Further cross examination - only on specified question

  Swami Sadashiva Brahmendra Sar   11 June 2009 at 18:05

In Criminal Misc. Application no. 4214 of 2007 Khalid Ahmad Khan v. State of U.P. and another an application was moved by new counsel for recalling P.W.1 Khalid Ahmad Khan for further cross examination on the ground that on the date whe ..


Posted in Criminal Law |   2301 Views