Supreme Court of IndiaShree Hanuman Cotton Mills & Ors vs Tata Air-Craft Ltd on 28 October, 1969Equivalent citations: 1970 AIR 1986, 1970 SCR (3) 127Bench: Vaidyialingam, C.A.PETITIONER:SHREE HANUMAN COTTON MILLS & ORS.Vs.RESPONDENT:TATA AIR-CRAFT LTD.DATE OF JUDGMENT:28/10/1969BENCH:VAIDYIALINGAM, C.A.BENCH:VAIDYIALINGAM, C.A.SHELAT, J.M.DUA, I.D.CITATION:1970 AIR 1986 1970 SCR (3) 1271969 SCC (3) 522ACT:Contract--Money deposited as earnest money--Breach committed by … Continue reading 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.
Comment : In this case the Court held two basic points :-i) Civil and Criminal Proceedings can go on, on an acquittal u/s 138 would not automatically oust a civil suit for recovery. ii) Doctrine of Reverse Burden - to be proceeded with caution - presumption de hors proof of foundational facts improper. Supreme Court of IndiaVishnu Dutt … Continue reading 138 Acquittal won’t bar civil suit for recovery says Supreme Court
QUESTION : Cinematograph Act 1952 Section 5A-Whether the issuance of the certificate issued by the specialised Board of Film Censors bars the criminal Court's jurisdiction to try for offences under Sections 292/293 I.P.C ? Court said no...read on Supreme Court of IndiaRaj Kapoor And Ors vs State And Others on 26 October, 1979Equivalent citations: 1980 AIR 258, … Continue reading Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.
A Remarkable judgment outlining the law of obscenity as it stands in India, in a nutshell, while holding Bandit Queen to have been rightly passed by the Censors, held it not to obscene as it in no manner appeals to the prurient interests or is lascivious - or corruptive to the minds of people whose … Continue reading Supreme Court on obscenity (Bandit Queen Judgment)
A judgment of seminal important on the role of a judge in a criminal trial, the breadth of the 165/311 inquisitorial aspects of court's jurisdiction are dealt with. Supreme CourtRam Chander vs State Of Haryana on 25 February, 1981Equivalent citations: 1981 AIR 1036, 1981 SCR (3) 12Bench: Reddy, O ChinnappaPETITIONER:RAM CHANDERVs.RESPONDENT:STATE OF HARYANADATE OF JUDGMENT25/02/1981BENCH:REDDY, O. … Continue reading Role of Judge in a Criminal Trial
Comment : In this case the Court was faced with a question relating to acquistion of Easement. For starters an easement is basically a right to do, or not to do, or to get done or to omitted something over the land of another, for the beneficial enjoyment of your own land. The land that … Continue reading Law of Easments in India
Comment : The Court was faced with the issue "Whether an unregistered firm can opt for arbitration for dissolution of the firm" The Court held YES - since there was no embargo on dissolution of an unregistered firm and filing a suit on that count, it makes no difference whether such dissolution is effect through instrumentality … Continue reading Reference to Arbitration by an unregistered firm allowed for the purposes of dissolution.