Law in one Paragraph

General Officer Commanding vs CBI & Anr, (2012) 6 SCC 228 Every judicial proceeding is a legal proceeding but not vice-versa 12. The ‘prosecution’ means a criminal action before the court of law for the purpose of determining ‘guilt’ or ‘innocence’ of a person charged with a crime. Civil suit refers to a civil action instituted before a court of […]

Mc Dermott International Inc. v. Burn Standard Co. Ltd. [(2006) 11 SCC 181] Conduct of the parties is a relevant factor in the matter of construction of a contract 112. It is trite that the terms of the contract can be express or implied. The conduct of the parties would also be a relevant factor

Inti Narayana vs. Gurram Malakondaiah [MANU/AP/0219/1983] Principal differences between co-ownership and partnership 16. …….1. Co-ownership is not necessarily the result of agreement, partnership is. 2. Co-ownership does not necessarily involve community of profit or of loss. Partnership does. 3. One co-owner can without the consent of others transfer his interest…. A partner is in ‘much

Suresh Kumar vs. Amrit Kumar [AIR 1982 Del 131] Different between retirement of partner and dissolution of partnership 15. It is well settled that retirement is not the same thing as dissolution. On retirement of a partner the firm continues to exist as such which is not the case when a partnership is dissolved. Technically

Surajdeo Mahto and Anr. vs. The State of Bihar [Criminal Appeal No. 1677 of 2011] Once the fact of last seen is established the Accused must offer some explanation his departure 29. The case of the prosecution in the present case heavily banks upon the principle of ‘Last seen theory’. Briefly put, the last seen

Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira [(2012) 5 SCC 370] Essential points to plead for a person claiming possession of the property 70. It would be imperative that one who claims possession must give all such details as enumerated hereunder. They are only illustrative and not exhaustive. (a) who is or are

Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira [(2012) 5 SCC 370] Caretaker, watchman or servant can never acquire interest in the property irrespective of his long possession 97. Principles of law which emerge in this case are crystallised as under: (1) No one acquires title to the property if he or she was

Moduraboina Deepika vs. Kuna Sujatha Devi, Civil Revision Petition No. 388/ 2017 [Andhra Pradesh High Court] Evidentiary value of an unregistered and unstamped document 9. Section 17 (1) (b) of Registration Act mandates that a non-testamentary instrument which purport or operate to create, declare, assign, limit or extinguish whether in present or in future, any right, title or interest

Dalpat Kumar and Anr. vs Prahlad Singh and Ors. [AIR 1993 SC 276] Tests for grant of temporary injunction 4. ………Injunction is a judicial process by which a party is required to do or to refrain from doing any particular act. It is in the nature of preventive relief to a litigant to prevent future

Morgan Stanley Mutual Fund vs Kartick Das [1994 SCC (4) 225] Factors of consideration in grant of ex parte injunction 36. As a principle, ex parte injunction could be granted only under exceptional circumstances. The factors which should weigh with the court in the grant of ex parte injunction are- (a) whether irreparable or serious