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Others Judiciary

Franklin Templeton Trustee Services Pvt Ltd Vs Amruta Garg: Disproportionate Power In Delegated Legislation Can Be Arbitrary

 19 July 2021

The Constitutional validity of the provisions of the SEBI (Mutual Funds) Regulations was upheld along with clarification on delegated legislation. Arbitrariness can be found even in delegated legislation if the powers delegated are excessive...

Posted in Others |   950 hits

Parimal Vs Veena @ Bharti: SC Interpreted The Grounds On Which An Ex-Parte Decree Can Be Set Aside

 16 July 2021

When can an ex parte decree be set aside under Order IX Rule 13, Civil Procedure Code 1908?..

Posted in Others |   2184 hits

Udit Narain Vs Board Of Revenue: In A Writ Of Certiorari, Not Only The Tribunal Or Authority Whose Order Is Sought To Be Quashed But Also Parties In Whose Favour The Said Order Is Issued Are Necessary Parties

 16 July 2021

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Posted in Others |   1074 hits

State of Uttar Pradesh Vs Raja Ram: Under UP State Amendment, The Essential Condition To Proof In S.441 of IPC Is The Intention, And Not The Actual Possession

 16 July 2021

Whether the words "in possession of another" in Section 441 of IPC would mean "in actual possession of another"?..

Posted in Others |   850 hits

Indian Bank Vs Maharashtra State Co-Operative Marketing Federation Ltd

 16 July 2021

'Trial' in s.10 of CPC cannot be used widely as it depends on the nature and object of the provision and the context in which it is used..

Posted in Others |   3635 hits

Rajan E G & Anr Vs Kerala State Electricity Board: Contribution To Relief Funds Could Not Be A Matter Of Compulsion

 16 July 2021

In this case, an issue was raised, concerning the payment of the pension, in the Kerala State Electricity Board...

Posted in Others |   490 hits

G Santhosh Kumar Vs State Of Kerala: Public Servant, Under Judicial Authority, Cannot Be Prosecuted For Merely Passing Order Unfavourable To Government

 16 July 2021

The Court quashed corruption proceedings against the retired Assistant Commissioner and established that mere error in the exercise of judicial authority by public servants causing loss to the Government will not be a ground of misconduct. ..

Posted in Others |   678 hits

Official Trustee Vs Sachindranath: Powers Under Chapter 13 Of The Original Side Rules Of The Calcutta HC

 16 July 2021

Whether the power reserved by the settlor in the original Trust deed for altering the quantum of interest of the beneficiaries “by will alone and by no other means” was irrevocable?..

Posted in Others |   3075 hits

Police Nowadays Relies On Digital Information, CCTV Footages But Shies Of Divulging Details When Comes To Their Own Working

 15 July 2021

While finding contradiction in police's version in respect of CCTV cameras installed inside the police station, the Madhya Pradesh High Court just recently on July 5, 2021 in a latest, learned, laudable and landmark judgment titled Vicky S/o Jaipalda..

Posted in Others 1 comments |   618 hits

Daryao Vs State Of UP: If And When To Bar A Petition In The SC w.r.t Articles 32 And 226 Of The Constitution Of India

 15 July 2021

Whether moving a case to Supreme Court for the enforcement of the Fundamental Rights which is guaranteed by Article 32 can be contravened by the principle of Res Judicata?..

Posted in Others |   7219 hits

Rajkot Cancer Society Vs Municipal Corporation, Rajkot: The Gujarat HC Deliberated On The Scope Of Power Of Transfer Of Cases From One Court To Another

 15 July 2021

The High Court upheld the petition. The impugned order was set aside. It was stated that the transfer of the case from one Court to another is a serious matter which indirectly questions the integrity of the judge from whom the case is transferred...

Posted in Others |   521 hits

Theiry Santhnamal Vs Viswanath & Ors: SC Interpreted The Scope Of Distribution Of Property By An Absolute Owner

 15 July 2021

Whether an absolute owner can distribute his property to his sons through partition? ..

Posted in Others |   396 hits

Dr Subramaniam Swamy Vs Ramkrishna Hegde: SC Is Authorized To Allow A Transfer Petition If It Is Satisfied That Such Order Is Important To Meet The Ends Of Justice

 15 July 2021

The Supreme Court held that the ends of justice in the instant case demanded that the suit be transferred from the Bombay High Court to the City Civil Court, Bangalore, where most of the documentary evidence and witnesses were available. ..

Posted in Others |   1768 hits

Balraj Taneja & Anr Vs Sunil Madan & Anr: Court Can Decree For Specific Performance Under Order 8 Rule 10 Of CPC If Written Statement Is Not Filed Within Reasonable Time

 15 July 2021

The suit was decreed by the High Court under Order 8 Rule 10 of Civil Procedure Code and under the provisions of Order 8 Rule 9. In both the situations, it was observed that if the Written Statement has not been filed by the Defendant, it will be ope..

Posted in Others |   3748 hits

Swapnil Tripathi Vs Supreme Court Of India

 15 July 2021

Whether there should be live broadcasting of proceedings of constitutional and national importance before this Court with the aid of information and communications technology (ICT)?..

Posted in Others |   703 hits

Shankar Vs Chandrakant

 15 July 2021

The Appellant contended that under Order 20 Rule 18 of Civil Procedure Code, the decree related to any immovable property and partition cannot be conveniently made without further inquiry and the Court is required to pass a preliminary decree declari..

Posted in Others |   3473 hits

M L Sethi Vs R P Kapur: Power Of The Court To Require The Disclosure Of Documents Connected To Pauperism (Sections 115 And O.33)

 15 July 2021

Power of the Court to require the disclosure of documents connected to pauperism (Sections 115 and O.33)...

Posted in Others |   1662 hits

Lucy Kochuvareed V P Mariappa Gounder: Two Appeals On Certificates Arise Out Of The Execution Petition To Execute The Decree Of The SC

 15 July 2021

The plaintiff filed a suit for specific performance of an agreement, made by Soliappa Chettiar (Defendant 1) to sell a factory, "Sivakami Tiles Works", for a consideration of Rs. 90,003/-...

Posted in Others |   1795 hits

Ajit Mohan And Ors Vs Legislative Assembly National Capital Territory Of Delhi And Ors

 15 July 2021

The Court quashed the writ petition filed under Article 32 of the Constitution, upheld the powers of the Delhi Legislative Assembly and also laid down the importance of restricted oral submissions and short, concise judgments. ..

Posted in Others |   2818 hits

Panchram Vs State Of Chhattisgarh: Accused Arrested U/s 34 Of Chhattisgarh Excise Act Can Be Released On Bail U/s 439 Of CrPC On Certain Conditions

 13 July 2021

Whether an accused who is arrested for allegedly being in possession of illicit liquor punishable under Sec.34 (2) of Chhattisgarh Excise Act be released on bail under Section 439 of CrPC?..

Posted in Others |   987 hits







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