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 SCR (3) 127 Bench: Vaidyialingam, C.A. … 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.

138 Acquittal won’t bar civil suit for recovery says Supreme Court

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 … Continue reading 138 Acquittal won’t bar civil suit for recovery says Supreme Court

Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.

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 … Continue reading Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.

Supreme Court on obscenity (Bandit Queen Judgment)

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 … Continue reading Supreme Court on obscenity (Bandit Queen Judgment)

Role of Judge in a Criminal Trial

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 … Continue reading Role of Judge in a Criminal Trial

Law of Easments in India

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 … Continue reading Law of Easments in India

Reference to Arbitration by an unregistered firm allowed for the purposes of dissolution.

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 … Continue reading Reference to Arbitration by an unregistered firm allowed for the purposes of dissolution.