Various Acts
Words – “and” , “or”
Punjab Produce and Trading Co. Ltd. Vs. The CIT, West Bengal, Calcutta (1971) 2 SCC 540, Court had occasion to...
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CrPC, 482 – Dismissal of an earlier S. 482 petition does not bar filing of subsequent petition.
Criminal Procedure Code, 1973 , Section 482 - Dismissal of an earlier 482 petition does not bar filing of subsequent...
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Prisons Act, 1894 (9 of 1894), Section 56 – Liberty of challenging the classification
Prisons Act, 1894 (9 of 1894), Section 56 - Liberty of challenging the classification - Regarding confinement of a prisoner...
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Equality and Equity
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CrPC, S. 313 – It is a matter of grave concern that, often, Trial Courts record the statement of an accused under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense
Indian Penal Code, 1860 (45 of 1860), Section 304-B Evidence Act , Section 113-B. Criminal Procedure Code, 1973 (II of...
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IPC. S. 306, before a person can be convicted of abetting the suicide of any other person, it must be established that such other person committed suicide
IPC. S. 107 “5. …Reading Sections 306 and 307 (sic 107) together it is clear that if any person instigates any...
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Courts – ‘Courts subordinate to the High Courts’ would prima facie mean the Courts of law subordinate to the High Courts in the hierarchy of Courts
The word 'Court' was not defined in the Act and the expression 'Courts subordinate to the High Courts' would prima...
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Unnatural expansion of natural justice, without reference to the administrative realities and other factors of a given case, can be exasperating.
If the jurisprudence of remedies were understood and applied from the perspective of social efficaciousness, the problem raised in this...
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Natural justice is not a single theory it is a family of views
Natural justice is an expression of English Common Law. Natural justice is not a single theory it is a family...
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Natural Justice – “A breach of procedure cannot give [rise to] a remedy in the courts, unless behind it there is something of substance which has been lost by the failure. The court does not act in vain.
Lord Wilberforce in Malloch v. Aberdeen Corpn, (1971) 1 WLR 1578: (1971) 2 All ER 1278 (HL)] ,
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Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.
In such situations, fair procedures appear to serve no purpose since the right result can be secured without according such...
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Even if an appeal against the judgment of the High Court has been admitted and the operation of the order has been suspended, it does not have the effect of rendering the said judgment non-est till the disposal of the appeal
Practice and Procedure Though against this judgment, the SLP has been filed in which the operation of the impugned order...
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Civil and Criminal Cases
Civil and Criminal proceedings - In certain cases the very same set of facts may give rise to remedies in...
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Welfare of the child as a predominant consideration
Welfare of the child as a predominant consideration because no statute on the subject can ignore, eschew or obliterate the...
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Principles as to custody and upbringing of minors
"809. Principles as to custody and upbringing of minors.- Where in any proceedings before any court, the custody or upbringing...
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