It is a judicial obligation on the part of the High Court to undo any wrong which might have occurred in course of the judicial process and extends further to prevent a continuation of the unnecessary judicial process. Further, the same values have been enshrined in the Constitution.
Sarat Chandra Rath v. Malti Tandi Read More »
The phrase “habeas corpus” literally means to “produce the body”, the writ of habeas corpus is one of the older writs know to common law. Habeas Corpus provides swift judicial review and thus a prompt and effective remedy against illegal restraint.
ADM, Jabalpur v Shivakant Shukla Read More »
One of the most important aspects of the adversarial system is undoubtedly the service of Summons, and delay in the service of summons continues to be one of the biggest reasons for the delay in disposal of cases. The Hon’ble Supreme Court of India acknowledges this problem in the landmark judgment.
Salem Advocate Bar Association v Union of India Read More »
For the success of the Insolvency regime, it is necessary, that person taking undue advantage of IBC provisions be prevented from introducing sham transactions so that the same doesn’t operate to detriments of rights of legitimate creditors. Such sham transactions are to be regarded as “avoidable transactions”, which can be tested on the test of “The real nature of transaction”.
Phoenic Are Private Limited v. Spade Financial Services Limited and ors Read More »
Valentine’s day is been celebrated on 14th February as a celebration of love, Whilst many couples in India often have to face the heat of various organizations on this day. Let’s see what Hon’ble Court has to say in this regard. For more details contact @Advocate Prakhar Gupta
Saeed Vs State of UP Read More »
Principles of natural control all actions of public authorities by applying rules relating to reasonableness, good faith, equity, justice, and good conscience. Whilst the exact definition of natural justice is not very clear, the “principles of natural justice” are widely accepted and enforced. For more details contact @Advocate Prakhar Gupta
Maneka Gandhi Vs Union of India Read More »
Section 319 CrPC springs out of the doctrine judex damnatur cum nocens absolvitur (Judge is condemned when guilty is acquitted). It is the duty of the court to do justice by punishing the real culprit. Where the investigating agency for any reason does not array one of the real culprits as an accused, the court
Hardeep Singh Vs State of Punjab Read More »
Section 67(2) of the Central Goods and Services Act empowers the authorised officer to search and seize the goods, documents or books or things – however, s.67(2) does not empower the officer concerned to record statements of family members through force or coercion or to record their conversations in their mobile phones. For more details
Paresh Nathalal Chauhan Vs State of Gujarat Read More »
Although it is beyond any doubt or dispute that for the same cause of action both a civil suit and a complaint petition Under Section 139 of Negotiable Instrument Act would be maintainable, in terms of Section 357 CrPC. This particular case makes important observations in regards with the same. For more details contact @Advocate
R. Vijayan Vs Baby And ANR Read More »
Central London Property Trust Ltd. Vs High Trees House Ltd. The doctrine of estoppel is well settled in administrative law and constitutional law. It has been accepted in various legal systems including India. It is also called as “equitable estoppel”, and “promissory estoppel”. For more details contact @Advocate Prakhar Gupta
Promissory Estoppel Read More »
