This page contains notable observations of different Courts of India and abroad which is a settled law now.
Suraj Lamp and Industries Private Limited vs. State of Haryana & Anr. [(2009) 7 SCC 363] Registration of a document gives notice of execution to the world 18. Registration of a document gives notice to the world that such a document has been executed. Registration provides safety and security to transactions relating to immovable property, […]
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Lakhi Baruah v. Padma Kanta Kalita [(1996) 8 SCC 357] Production of a copy or a certified copy does not raise the presumption under Section 90 16. So far as applicability of presumption arising from Section 90 of the Evidence Act in respect of copy of the old document is concerned, the earliest decision of
Production of a copy or a certified copy does not raise the presumption under Section 90 Read More »
All Assam STATFED Karmachari Aikya Manch and Ors. Vs. State of Assam and Ors [(2014) 5 GLR 69] VRS is formulated for the benefit of the employees and the same is in the nature of welfare legislation 14. …. In my opinion the impugned decision of the answering respondents is the result of non-application of
Union of India & Anr. v. Narendra Singh [(2008) 2 SCC 750] If erroneous promotion is given by wrongly interpreting the rules, the employer cannot be prevented from applying the rules rightly 32. It is true that the mistake was of the Department and the respondent was promoted though he was not eligible and qualified.
The State of Orissa v. Madan Gopal Rungta [AIR 1952 SC 12] Grant of final relief as interim relief In The State of Orissa v. Madan Gopal Rungta [AIR 1952 SC 12], a Constitution Bench of the Hon’ble Apex Court clearly spelt out the contours within which interim relief can be granted, and held as
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Ramesh Chandra Sharma & Ors. vs. State of Uttar Pradesh & Ors. [Civil Appeal No. 8819 of 2022] Under what circumstances can the Court interfere in cases of administrative law-making – Wednesbury principle 42. In the case of Associated Provincial Picture Houses Limited v. Wednesbury Corporation ([1948] 1 KB 22), the King’s Bench Division was
Kishor Ghanshyamsa Paralikar (D) through Lrs. vs. Balaji Mandir Sansthan Mangrul (Nath) & Another [Civil Appeal No. 3794/2022] A court retains control over a suit for specific performance even after passing a decree 11. This section gives to the vendor or the lessor the right to rescission of the contract for the sale or lease
A court retains control over a suit for specific performance even after passing a decree Read More »
Electrosteel Castings Ltd v. UV Asset Reconstruction Company Ltd Ors, [(2022) 2 SCC 573] Allegation of fraud must be precise and specific 7.2. However, it is required to be noted that except the words used ‘fraud’/’fraudulent’ there are no specific particulars pleaded with respect to the ‘fraud’. It appears that by a clever drafting and
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Shriram EPC Limited vs. Rioglass Solar SA [AIR 2018 SC 4539] Whether unstamped foreign award could validly be enforced under Sections 48 and 49 of Act? 23. There is no doubt whatsoever that if stamp duties are leviable in India on foreign awards, the imposition should not be substantially more onerous than the stamp duty
Nedunuri Kameswaramma v. Sampati Subba Rao [AIR 1963 SC 884] Non-framing is an issue not fatal when parties went to trial knowing the rival case and leading all the evidence 5. …No doubt, no issue was framed, and the one, which was framed, could have been more elaborate; but since the parties went to trial
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