Smt. Rani Kusum vs Smt. Kanchan Devi
Supreme Court of India’s Observations in regards with Civil Procedural Code.
#supremecourt #civil #india
Ethiopian Airlines vs Ganesh Narain Saboo
It is to be noted that before Consumer Redressal Fora, only provisions which have been explicitly incorporate from CPC can be invoked. expressio unius est exclusio alterius is legal maxim applicable in present case.
Supreme Court Advocates-on-Record Assn. v. Union of India
Judicial Independence is a crucial matter, as it ensures that the trusted public reposit in the same, continue to exist. As it is the judiciary that has been entrusted with the duty to protect values enshrined in the constitution and protect the fundamental rights. For more details contact @ Advocate Prakhar Gupta
State of Gujarat v. Raman Lal Keshav Lal Soni
For an employer-employee relationship to exist, it is required that there exists an employer, employee, and a contract of employment. In this landmark judgment, Hon’ble Supreme Court lists several factors that must be taken into consideration for the test of the employer-employee relationship.
Binoy Visman v Union of India
Article 14 is fons juris of the Constitution, and the fountainhead of justice. It must be noted though, that differential treatment per se do not amount to violation of Article 14, it is necessary that differential treatment is based on NO reasonable basis.
Virender Nath Gautam vs Satpal Singh
Distinguishing between ‘material facts’ and ‘particular’ in regards with Civil Petition, and more specifically in regards with election disputes, the Hon’ble Supreme Court made the following observations:
Nar Singh Pal v Union of India
Can a person waive off any of his fundamental rights?
Fundamental rights as guaranteed by the constitution were made, not only to benefit individuals but also to secure the interest of the community at large. Further, it is also a possibility wherein for a promise of transitory and immediate benefits, individuals could be lured into (worst forced to) forgo their precious personal freedoms.
Although it is to be noted that in the USA, one can waive one’s fundamental rights.
The State of West Bengal vs. Anwar Ali Sarkarhabib Mohammed
Article 14 secures all persons within territories of India against arbitrary law as well as arbitrary actions of law. “Reasonable Classification” was a test that was proposed to check whether any legislation is discriminatory and hence violative of Article 14.
Sukhdev Singh v Bhagatram Sardar Singh Raghuvanshi and anothers.
The impact of the growth of Corporations on the socio-economic life of people has been felt in the daily life of people, Government has also taken up various social and economic functions through various structures, which do not fit neatly into preconceived notions of legal categories. Whilst interpreting the definition of state under the aegis […]
R. K. Garg and ors v. Union of India
Relationship between morality and law is very intriguing. But when it comes to application of the same, through courts of law, how is it supposed to play? This judgment by the Supreme Court throws light on the same.