View Full Profile
Territorial jurisdiction of High Court 1. Partial cause of action : Although in view of S. 141 of the Code of Civil Procedure the provisions thereof would not apply to a writ proceedings, the phraseology used in S. 20(c) of the Code of Civil Procedur ..
In order to decide the question whether the provisions of S. 34 of the Act regarding payment of interest would be applicable to a case where possession has been taken over prior to issuance of notification under S. 4(1) of the Act it is necessary to ..
In State Bank of India v. S.S. Kosal 1994 AIR SCW 2901 the supreme court held that where the Disciplinary Authority disagreed with the findings of the Enquiry Officer on some of the charges. No such fresh opportunity is contemplated by the State Bank ..
The expression "the record of the case" is used in S. 227 of the Code. Though the word "case" is not defined in the Code but S. 209 throws light on the interpretation to be placed on the word. Section 209 which deals with the comm ..
"Criminal prosecution of Company - Changing judicial views": The Full Bench of the Delhi High Court in Municipal Corporation of Delhi v. J. B. Bottling Company, (1975) Cri LJ 1148 and the Full Bench of the Allahabad High Court in Oswal Van ..
Section 163-A was inserted in the Act to provide for payment of compensation in motor accident cases in accordance with the Second Schedule providing for the structured formula which may be amended by the Central Govt. from time to time. S. 140 of th ..
Although freedom to bequeathone's own property amongst Hindus is absolute both in extent and person, including rank stranger, yet to have testamentary capacity or a disposable mind what is required of propounder to establish is that the testator at t ..
Semantic luxuries are misplaced in the interpretation of 'bread and butter' statutes. Welfare statutes must, of necessity, receive a broad interpretation. Where legislation is designed to give relief against certain kinds of mischief, the Court is n ..
On a plain reading of Arts. 235 and 309 of the Constitution, it is clear that the power to frame rules regarding seniority of officers in the judicial service of the State is vested in the Governor and not in the High Court. Article 235 itself define ..
The Courts should ordinarily insist on the parties being confined to their specific written pleadings and should not be permitted to deviate from them by way of modification or supplementation except through the well-known process of formally applyin ..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
