Finance judiciary-2

Private Citizen has a Right to ask for sanction to Prosecute a Public Servant – SC

Whether a complaint can be filed by a citizen for prosecuting a public servant for an offence under the Prevention of Corruption Act, 1988 (for short, 'the 1988 Act') and whether the authority competent to sanction prosecution of a public servant for offences under the 1988 Act is required to take an appropriate decision within the time s...

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No lawyer, No hearing, No appeal; Court should not decide a criminal case against the accused in the absence of his counsel -SC

MD. Sukur Ali Vs State of Assam (Supreme Court) - In Maneka Gandhi vs. Union of India AIR 1978 SC 597, it has been held by a Constitution Bench of this Court that the procedure for depriving a person of his life or liberty should be fair, reasonable and just. We are of the opinion that it is not fair or just that a criminal case should b...

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Proof of Marriage must while claiming Restitution – SC

Pallavi Bhardwah vs Pratap Chauhan (SC) - Merely coming to court for restitution of conjugal rights is not sufficient rather a definite proof of marriage is must....

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Male Hindu cannot adopt without the consent of wife – SC

Ghisalal vs Dhapubai (D) By Lrs. (SC) - Hindu Adoptions and Maintenance Act, 1956, s. 7 - Adoption by husband -This is clear from Section 7 of the Act. Proviso thereof makes it clear that a male Hindu cannot adopt except with the consent of the wife, unless the wife has completely and finally renounced the world or has ceased to be a Hind...

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Supreme Court reveals four points essential to escape murder conviction

State of Rajasthan Vs. Islam (Supreme Court 24.05.2011) An accused can escape conviction for murder if he proves that there was no premeditation for the act, occurred in a heat of passion, no cruelty involved and undue advantage taken, the Supreme Court has ruled. A bench of justices Asok Kumar Ganguly and Deepak Verma in a judgement sa...

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MLAs elected on BJP tickets had incurred disqualification in view of 10th Schedule to Constitution

On 6th October, 2010, all the above-mentioned 13 members of the Karnataka Legislative Assembly, belonging to the Bharatiya Janata Party, hereinafter referred to as the “MLAs”, wrote identical letters to the Governor of the State indicating that they had been elected as MLAs on Bharatiya Janata Party tickets, but had become dis...

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Brief on Judgment of the Supreme Court Dated 11.5.2011 on Bhopal Gas Tragedy

Government has taken note of the judgment of the Supreme Court dated 11.5.2011 rejecting the curative petition filed by the CBI to reconsider the judgment of the Supreme Court dated 13.9.1996. The principal grounds on which the curative petition has been rejected appear to be that the curative petition does not satisfy the principles laid...

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Illegitimate Child will have right to whatever becomes the property of their parents whether self acquired or ancestral

Citation - REVANASIDDAPPA & ANOTHER VERSUS MALLIKARJUN & OTHERS (SC) - Section 16(3) of the Hindu Marriage Act as amended, does not impose any restriction on the property right of Illegitimate Child except limiting it to the property of their parents. Therefore, such children will have a right to whatever becomes the property of their p...

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Promotion can not be denied on the ground of Minor punishment

S. Ponniah Vs The Director General of Police and The Commissioner of Police - Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to promote the petitioners for the post of Sub-Inspector of Police with effect from January 2008 and 2010 respectively....

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Tenders or public auction best way to sell state properties- SC

Tenders or public auction best way to sell state properties- The Supreme Court (SC) has declared “inviting tenders from the public or holding public auction is the best way for disposal of properties belonging to the state.” In this case, Kerala Finance Corp vs Vincent Paul, the borrower failed to repay the loan and the state finance ...

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