Various Acts
Adjournment – Senior counsel not appearing
It is not made clear that as to under which provision of law, name of Senior Advocate is reflected in...
Read more
Industrial Disputes Act S. 25 – Delay
Delay cannot itself be sufficient reason to reject an industrial dispute, nevertheless the delay cannot be unreasonable U.P. State Road...
Read more
Contract Act S. 176 – pawnee’s right where pawnor makes default.
Construing Section 176, it was held that the very wording of the section makes it clear that it is the discretion...
Read more
CrPC S. 167(2) – do not think it is necessary to invoke the provisions of the General Clauses Act or seek guidance from the Limitation Act to construe the terms of the proviso
“32. As the terms of proviso (a) with reference to the total periods of detention can be interpreted on the...
Read moreCOI Art. 226(2) – Jurisdiction qua notice u/s 41-A CrPC
Constitution of India, Article 226(2) – Confers power on a High Court to issue prerogative writs against Governments or other...
Read more
Reasons – Recording of – Requirement of recording reasons is not the same thing as acting by application of mind or acting fairly
Reasons – Recording of - Requirement of recording reasons is not the same thing as acting by application of mind...
Read more
CrPC S. 156(3) – Is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate
17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary...
Read more
SupremeCourtOnline.in – LATEST Updates through eMail
Register for EMAIL updates / TRIAL PACK PLR | Supreme Court e JournalCLICK HERE
Read moreTribunal or the High Court could not interfere with the findings of facts
Judicial Review Service matter - Once the evidence has been accepted by the departmental authority, in exercise of power of...
Read more
Sarfaesi S. 13(2) – notice not issued to LRs
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14 - Bank had not issued...
Read more
CPA – consumers (an expression defined and interpreted widely)
Consumer Protection Act, 1986 - Was conceived as a legislation to address complaints of consumers (an expression defined and interpreted...
Read more
Dying declaration – Though a dying declaration is entitled to great weight, it is worthwhile to note that the accused has no power of cross-examination.
Criminal trial - Dying declaration - Though a dying declaration is entitled to great weight, it is worthwhile to note...
Read more
If the legislature or the executive are not functioning properly, remedy is not in the judiciary taking over the legislative or executive functions
If the legislature or the executive are not functioning properly it is for the people to correct the defects by...
Read more
