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 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.

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 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

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 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.

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 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)

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 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

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 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.