Arnesh Kumar vs State Of Bihar
Hon’ble Supreme Court in Arnesh Kumar v State of Bihar. The Magistrate before authorising detention will record its own satisfaction, may be in brief but the said satisfaction must reflect from its order. It shall never be based upon the ipse dixit of the police officer, for example, in case the police officer considers the […]
Arnesh Kumar vs State Of Bihar
Hon’ble Supreme Court in Arnesh Kumar v State of Bihar. Before a Magistrate authorises detention under Section 167, Cr.PC, he has to be first satisfied that the arrest made is legal and in accordance with law and all the constitutional rights of the person arrested is satisfied. If the arrest effected by the police officer […]
Arnesh Kumar vs State Of Bihar
Hon’ble Supreme Court in Arnesh Kumar v State of Bihar. Law mandates the police officer to state the facts and record the reasons in writing which led him to come to a conclusion covered by any of the provisions aforesaid, while making such arrest. Law further requires the police officers to record the reasons in […]
Arnesh Kumar vs State Of Bihar
Hon’ble Supreme Court in Arnesh Kumar v State of Bihar. Arrest brings humiliation, curtails freedom and cast scars forever. Law makers know it so also the police. There is a battle between the law makers and the police and it seems that police has not learnt its lesson; the lesson implicit and embodied in the […]
Mallappa Vs State Of Karnataka
Hon’ble Supreme Court on res gestae. ” Even if the prosecution version that the PW3, PW5 and PW6 could and did see the appellant running in front of Devendrappa’s house from the respective positions they were in at the time of occurrence of the incident was accepted, the evidence we would have been left with […]
Rajasthan High Court Advocates Association Vs Union Of India
Hon’ble Supreme Court on Cause of Action. The expression cause of action has acquired a judicially settled meaning. In the restricted sense cause of action means the circumstances forming the infraction of the right or the immediate occasion for the action. In the wider sense it means the necessary conditions for the maintenance of the […]
Star Enterprises Vs City And Industrial Development Cor. of Maharashtra Ltd.
Hon’ble Supreme Court on Judicial Review of Administrative Action. In recent times, judicial review of administrative action has become expansive and is becoming wider day by day. The traditional limitations have been vanishing and the sphere of judicial scrutiny is being expanded. State activity too is becoming fast pervasive. As the State has descended into […]
Kaupthing Singer & Friedlander Ltd.
Hon’ble Supreme Court of United Kingdom on relationship between creditor, principal debtor, and surety. “The function of the rule is not to prevent a double proof of the same debt against two separate estates (that is what insolvency practitioners call “double dip”). The rule prevents a double proof of what is in substance the same […]
New Bihar Biri Leaves Co.Vs State Of Bihar
Hon’ble Supreme Court on Performance of Contract. It is a fundamental principle of general application that if a person of his own accord, accepts a contract on certain terms and works out the contract, he cannot be allowed to adhere to and abide by some of the terms of the contract which proved advantageous to […]
Jagdish Singh vs Natthu Singh
Hon’ble Supreme Court on damages in lieu of Specific Performance. When the plaintiff by his option has made specific performance impossible, Section 21 does not entitle him to seek damages. That position is common to both Section 2 of Lord Cairn’s Act, 1858 and Section 21 of the Specific Relief Act, 1963. But in Indian […]
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