This page contains notable observations of different Courts of India and abroad which is a settled law now.
Balwant vs The State of Maharashtra [Criminal Appeal No.292 of 2009]: Bombay High Court Fine cannot be imposed more than one suggested by the Code 7. Text of the section 323 of the Indian Penal Code manifestly makes it clear that imprisonment attracted to Section 323 of the Indian Penal Code is of “either” “or” description i.e. either imprisonment for a term which may extend to one year, or […]
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A. Shyamal Bihari Mishra and Ors. vs Girish Narain Missir and Anr. AIR 1962 Pat 116 It is a cardinal principle of the law of procedure that the decree should agree with the judgment. Where, therefore, its decree is at variance with its judgment, and, when the decree does not correctly express what was really
Dwaraka Das v. State of M.P and Another [(1999) 3 SCC 500]: Supreme Court of India Section 152 C.P.C. provides for correction of clerical arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission. It is not a power to review a judgement/decree or order. 6. Section 152
State of Gujarat and Anr. vs. Shri Ambika Mills Ltd., Ahmedabad [(1974) 4 SCC 656]: Supreme Court of India A reasonable classification is one which includes all who are similarly situated 52. It would be an idle parade of familiar learning to review the multitudinous cases in which the constitutional assurance of equality before the
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The State of West Bengal vs. Anwar Ali Sarkar [AIR 1952 SC 75]: Supreme Court of India Offences or cases cannot be classified in two categories on the basis of the preamble alone 62. I have already stated that this part of the sub section contemplates a process of classification of “offences”, “classes of offences”
Krishna Kumar Singh vs. State of Bihar [(2017) 3 SCC 1]: Supreme Court of India Necessity is distinguished from a mere desirability while promulgating an Ordinance 27. The authority which is conferred upon the Governor to promulgate Ordinances is conditioned by two requirements. The first is that an Ordinance can be promulgated only when the
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Budhan Choudhry vs. The State of Bihar [(1955) 1 S.C.R. 1045]: Supreme Court of India Article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation 5. It is now well established that while article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation.
Rajinder Pershad (Dead) by L.rs. vs. Darshana Devi [AIR 2001 SC 3207]: Supreme Court of India If you dispute the correctness of the statement of a witness you must give him opportunity to explain his statement by drawing his attention to that part 3. There is an age old rule that if you dispute the
In Re: Special Reference No. 1 of 2012 [(2012) 9 SCR 311]: Supreme Court of India Auction is an economic choice of disposal of natural resources and is not a constitutional mandate WHETHER ‘ AUCTION ‘ A CONSTITUTIONAL MANDATE: 146. To summarize in the context of the present Reference, it needs to be emphasized that
Akhil Bhartiya Upbhokta Congress and Ors. vs. State of Madhya Pradesh [AIR 2011 SC 1834]: Supreme Court of India The State can allot land to educational, social, cultural, philanthropic societies without auction too in certain circumstances 28. It can no longer be doubted at this point of time that Article of the Constitution of India
