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Judicial precedent – Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. Disposal of cases by blindly placing reliance on a decision is not proper.

11. Reliance on the decision without looking into the factual background of the case before it is clearly impermissible. A ...

Judicial Precedents

Peculiar facts of each case are to be examined, considered and appreciated first, before applying any codified or judge made ...

Service matter – Right to life protected by Article 21 of the Constitution of India would include the right to employment cannot also be accepted at this juncture – May be at some future point of time, the right to employment can also be brought in under the concept of right to life or even included as a fundamental right. The new statute is perhaps a beginning. As things now stand, the acceptance of such a plea at the instance of the employees before us would lead to the consequence of depriving a large number of other aspirants of an opportunity to compete for the post or employment.

While rejecting the claim of the persons who were sought to be regularized and who had taken a shelter of ...

Transfer of Property Act, 1882, Section 58 (c) – ‘mortgage by conditional sale’ and ‘sale with condition of retransfer’ . [2006 SupremeCourtOnline 0104]

Transfer of Property Act, 1882, Section 58 (c) - 'mortgage by conditional sale' and 'sale with condition of retransfer' . ...

Mesne Profits – Are to be considered on the basis of evidence led before the Court

Tenancy and Rent Act Mesne Profits - Are to be considered on the basis of evidence led before the Court ...

Cr.P.C., S. 205, 317 – Magistrate shall grant exemption to the petitioners from personal appearance and will permit them to be represented through the counsel till their application under Section 245 Cr.P.C is decided. [ID 210800]

Full Judgment with detailed headnotes for Online Subscribers (opens automatically) (Click to subscribe Trial Pack) 2005 PLRonline 0009 PUNJAB & ...

Reservation – Domicile – Reservation by way of institutional preference can only be confined to 50% of seats

While adjudicating on the constitutional validity of reservation based on domicile or institution in the matter of admission into Post ...

Reservation – Rajasthan Higher Judicial Service – Provided that the direct recruitment to the Rajasthan Higher Judicial Service would be limited to the Advocates who had practised in the Rajasthan High Court or the Courts sub-ordinate, for a period of not less than 7 years – Ultra vires of Article 14

Rajasthan High Court had provided that the direct recruitment to the Rajasthan Higher Judicial Service would be limited to the ...

NIA S. 138 – Before summoning Magistrate is expected to examine the nature of allegations and proceed with proper application of mind – Strict compliance.

[SC] Bona fide need – Act of reletting the accommodation after getting it vacated for personal need in the year 1980 cannot defeat the bona fide need of the landlord for the year 1987

Tenancy and Rent Act - M.P Accommodation Control Act S. 12(1)(f) Bona fide need - Act of reletting the accommodation ...

[SC] Bona fide need – Act of reletting the accommodation after getting it vacated for personal need in the year 1980 cannot defeat the bona fide need of the landlord for the year 1987

Tenancy and Rent Act - M.P Accommodation Control Act S. 12(1)(f) Bona fide need - Act of reletting the accommodation ...

MVA S. 173 – Composite negligence – Recovery – Such a claim can be made from all or any of the drivers, owners and insurers of the vehicles in an accident caused on account of composite negligence of drivers of two or more vehicles

Motor Vehicles Act, 1988 , S. 173 – Composite negligence - Recovery - Whether in a case of a motor ...

Reservation – MMBS – 100% seats reserved – Struck down

The issue of 100% reservation has always been frowned upon by the Courts whether it was in the form of ...

CPC S. 9 – Ambit of S. 9 – Jurisdistional aspect

In Dhulabhai and Ors. vs. The State of Madhya Pradesh and Anr. : AIR 1969 SC 78, the Court discussed ...

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Judicial precedent – Circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. Disposal of cases by blindly placing reliance on a decision is not proper.

Judicial Precedents

Transfer of Property Act, 1882, Section 58 (c) – ‘mortgage by conditional sale’ and ‘sale with condition of retransfer’ . [2006 SupremeCourtOnline 0104]

Mesne Profits – Are to be considered on the basis of evidence led before the Court

Cr.P.C., S. 205, 317 – Magistrate shall grant exemption to the petitioners from personal appearance and will permit them to be represented through the counsel till their application under Section 245 Cr.P.C is decided. [ID 210800]

Reservation – Domicile – Reservation by way of institutional preference can only be confined to 50% of seats

[SC] Bona fide need – Act of reletting the accommodation after getting it vacated for personal need in the year 1980 cannot defeat the bona fide need of the landlord for the year 1987

[SC] Bona fide need – Act of reletting the accommodation after getting it vacated for personal need in the year 1980 cannot defeat the bona fide need of the landlord for the year 1987

MVA S. 173 – Composite negligence – Recovery – Such a claim can be made from all or any of the drivers, owners and insurers of the vehicles in an accident caused on account of composite negligence of drivers of two or more vehicles

Reservation – MMBS – 100% seats reserved – Struck down

CPC S. 9 – Ambit of S. 9 – Jurisdistional aspect

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