Held that In Avinder Singh v. State of Punjab (1997) 1 SCC 137 this court had highlighted that the founding document, that is, the Constitution had created three instrumentalities with certain basic powers and it is axiomatic that Legislative powers are not abdicated for this would mean a betrayal of the Constitution and is intolerable […]
Extent of permissible delegation of Legislative function Read More »
Held that Notably, this regulatory measure is in sync with other deductions specified in Section 43-B, which are also present and accrued liabilities. A priori, merely because a certain liability has been declared to be a present liability by the Court as per the prevailing enactment, it does not follow that Legislature is denuded of
It is well-settled law by a catena of judgments that while deciding matters of custody of a child, the primary and paramount consideration is the welfare of the child. A child, especially a child of tender years requires love, affection, company, protection of both parents. This is not only the requirement of the child but
Restating the position in Gunwant Kaur v. Municipal Committee, Bhatinda (1969) 3 SCC 769, the court observed that when the petition raises questions of fact of complex nature, such as in the present case, which may for their determination require oral and documentary evidence to be produced and proved by the party concerned and also
The finding of fact is that the act was done by the accused with the knowledge that it is likely to cause death, and with the intention to kill the deceased. The accused was deprived of the power of self-control by grave and sudden provocation due to repeated unauthorized entry on the fields of belonging
The Supreme court granted relief of clubbing together the two suits pending before the trial court. The respondent in his application stated certain facts that were not accurate. The explanation offered by him in his rejoinder seemed reasonable more particularly when he has tendered unconditional apology in his rejoinder. No prima facie case is made
Suku, the absconding accused had formed an organization at Trichy under the name “Tamilar Pasarai” with the object of achieving separate statehood for Tamil Nadu and to blast Central and State Government buildings with bombs with a view to overawe to Government established by law. The appellant herein and 13 other accused have enrolled themselves
In Rai Sandeep v. State (2012) 8 SCC 21 , the court had an occasion to consider who can be said to be a “sterling witness”. In para 22, it is observed and held that the “sterling witness” should be of a very high quality and caliber whose version is should, therefore, be unassailable.
Referring to Shivshankar Singh v. State of Bihar (2012) 1 SCC 130, this court observed that it is evident that the law does not prohibit filing or entertaining of the second complaint even on the same facts provided the earlier complaint has been decided on the basis of insufficient material or the order has been
Non payment of maturity amount by postal department on lost 88 indira Vikas patra (“IVPs”) of the denomination of 5000 each to the purchaser. Purchaser’s complaint of deficiency of service was allowed by District Forum and State Commission. On appeal to apex Court it was held that “The matter has to be considered purely from
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