Finance judiciary-2

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

Dr. Subramanian Swamy Vs. Dr. Manmohan Singh and another (Supreme Court of India)

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 of India)

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 (Supreme Court of India)

Pallavi Bhardwah Vs Pratap Chauhan (Supreme Court of India)- 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. (Supreme Court of India)

Ghisalal Vs Dhapubai (D) By Lrs. (Supreme Court of India)- 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 c...

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Supreme Court reveals four points essential to escape murder conviction

State of Rajasthan Vs. Islam (Supreme Court of India)

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

Balchandra L. Jarkiholi & Ors. Vs B.S. Yeddyurappa & Ors. (Supreme Court of India)

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

Revanasiddappa & Another Vs Mallikarjun & Others (Supreme Court of India)

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 (Madras High Court)

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

Kerala Financial Corporation Vs Vincent Paul & Anr. (Supreme Court of India)

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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Only Caretaker has a Right to move Petition for Right to Die

Aruna Ramchandra Shanbaug Vs. Union of india (uoi) and Ors. (Supreme Court of India)

(1) Euthanasia - Right to die - Legality - In 1973, petitioner, staff nurse at King Edward Memorial Hospital (KEM hospital), was sexually assaulted and choked, leaving her blind, deaf, paralysed and in a vegetative state - In 1999, 'X' as petitioner's next friend filed a petition for euthanasia submitting that petitioner should be allowed...

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