2nd Jul, 2015

Court to act with caution and circumspection while deciding on plea of not invoking arbitration on the ground of contract being void or voidable

Court ought to act with caution and circumspection whilst examining the plea that the main contract is void or voidable. The Court ought to decline reference to arbitration only where the Court can reach the […]
21st Jun, 2015

Cruelty has to be seen in relation to the conduct of parties to a marriage #indianlaws

Supreme Court in the case namely Shobha Rani vs. Madhukar Reddi, decided on 12.11.1987 (MANU / SC / 0419 / 1987 = [1988] 1 SCR 1010) dealt with the extent of “cruelty” as provided in […]
21st Jun, 2015

High Court in exercise of writ jurisdiction cannot decide on whether property is encumbered or not #indianlaws

It was held as not within ken of the High Court in writ jurisdiction to declare any property as unencumbered one. Such rights between private parties cannot be made subject-matter of writ jurisdiction and to […]
21st Jun, 2015

Rights of convicts awarded with Death Penalty #indianlaws

The condemned prisoners also have a right to dignity and execution of death sentence cannot be carried out in an arbitrary, hurried and secret manner without allowing the convicts to exhaust all legal remedies.
2nd Jun, 2015

The law of obscenity under Section 292 of the Indian Penal Code, 1860

The Indian Penal Code does not define the word “obscene” and this delicate task of how to distinguish between that which is artistic and that which is obscene has to be performed by Courts. The […]
2nd Jun, 2015

Writ of certiorari against MACT is maintainable #indianlaws

The High Court has power of an appeal against the award of the tribunal, under section 173 of the Motor Vehicles Act filed by a person aggrieved but that would not mean that against an […]
2nd Jun, 2015

Party contesting court proceedings must obtain courts permission to tender evidence after third party is examined

The parties assume that a witness can be examined in any order and the parties can also bring their own versions at any time they wish. Any breach of this rule has to be viewed […]
2nd Jun, 2015

Freedom of speech and expression not absolute in the context of obscenity #indianlaws

Considering matter from the point of obscenity, contemporary community standards test is the main criterion and it has to be appreciated on the foundation of modern perception, regard being had to the criterion that develops […]
21st May, 2015

Law on exercise of Inherent Powers by the High Court under Section 482 Cr P C #indianlaws

The power of quashing criminal proceedings has to be exercised very sparingly and carefully in exceptional cases to prevent miscarriage of justice.
21st May, 2015

Principles to calculate compensation in case of accident by multiple vehicles #indianlaws

Claimant is entitled to claim compensation from one or both joint tort feasors when an accident is caused by composite negligence of drivers
21st May, 2015

Process of making finished product usable at end users convenience does not amount of transformation in character

Where there is no essential difference in identity between the original commodity and post processed article – would processing stage would mean manufacturing and open to excise levy was the issue before Court.
21st May, 2015

Recording of reasons critical while issuing warrant under Section 132 of the Income Tax Act

Warrant of authorization under Section 132 of the Act is required to be founded on a reasonable belief of the authorized official regarding the existence of the conditions precedent to the exercise of the power […]