Law and Justice
Essays on law, liberty, justice, advocacy, and the responsibilities of judging.
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On Re-investigation 173(8) CrPC
Comment : A landmark decision on powers of further investigation and how in the fitness of things – the police should inform the magistrate…
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Intention to defraud/cheat at time of making of contract essential to make out cheating.
Comment : In this case the Court was faced with a situation where a complainant prosecuted the vendors in an agreement to sell that he…
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Limitation period for breach of contract.
Supreme Court of India Bhajan Singh Hardit Singh And Co., … vs Karson Agency (India) And Ors. on 31 March, 1967 Author: Tatachari Bench:…
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Contract–Money deposited as earnest money–Breach committed by buyer-Right of seller to forfeit-Principles. Contract Act (9 of 1872), ss. 64 and 74-Scope of.
Supreme Court of India Shree Hanuman Cotton Mills & Ors vs Tata Air-Craft Ltd on 28 October, 1969 Equivalent citations: 1970 AIR 1986, 1970…
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Whether possession can be protected via theory of part performance even after time limit for specific performance has expired ? HELD YES
The preposition before Court is suppose A gets property from B under an agreement to sell, A has got possession and is ready to…
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Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.
Comment : In this case the court held that S.151 does not empower the court to pass wild anti suit injunctions – where the…
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Supreme Court on Benami Transactions
Supreme Court on Benami Transactions Supreme Court of India Samittri Devi & Anr. vs Sampuran Singh & Anr. on 21 January, 2011 Author: Gokhale…
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Rape – Consent & False Promise of Marriage
Comment : This case concerned a case of RAPE & CHEATING. The Court negatived the prosecution version that the girl gave in to the…
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Liability of Pledgee for Criminal Breach of Trust
Comment : In this case the court held a bank liable for criminal breach of trust where it misappropriated the govt. securities pledged with it…
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Kidnapping and Abduction are distinct offences.
Comment : In this case the accused was charged u/ss 363 & 366 – later on trial it became apparent on evidence that the…
