Law and Justice
Essays on law, liberty, justice, advocacy, and the responsibilities of judging.
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For 420 in cheque bounce cases – dishonest intention at time of giving cheque necessary
This decision basically states that merely because cheque gets dishonoured – won’t automatically give rise to liability u/s 420 for cheating – the prosecution/complainant…
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Arbitrary Allotment of Petrol Pumps …SC
Though overruled by SC in a later decision in 1999 – this decision is highly public oriented – wherein the ministers, rightly, were held…
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Supreme Court on the Basics of Law of Partition
Comment : In this case the court was faced with a query “whether there is a period of limitation for filing an application for…
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Amendment of Plaint to prevent partial partition – application by defendant ?
The question raised in this civil revision petition is as to whether under Order VI, Rule 17 of the Civil Procedure Code, amendment of…
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Burden of Proving good faith of transactions hit by undue influence
Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR…
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Presumption as to Joint Family Property – continuing Joint and not seperate
In This case – the court held two very fundamental principles which are of seminal importance in partition cases – i) if joint family’s…
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Specific Performance of an Agreement vitiated by Fraud/Undue Influence.
Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was…
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Scope of Scrutiny at the stage of discharge …Supreme Court
This Judgment highlights the scope of scrutiny at the stage of discharge. Supreme Court of India R.S. Mishra vs State Of Orissa & Ors.…
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Grant of Mandatory Injunction – Factors
Supreme Court of India Makers Devt.Services P.Ltd. vs M. Visvesvaraya Indusl.Res.& … on 14 November, 2011 Suit for Specific Performance filed by Plaintiff – Pending…
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Causing Death of Tresspasser by Rash & Negligent Act
Supreme Court of India Cherubin Gregory vs The State Of Bihar on 31 July, 1963 Equivalent citations: 1964 AIR 205, 1964 SCR (4) 199…
