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The rule of law has been precisely conceptualized by AV Dicey (AV Dicey, Introduction to the Study of the Law of the Constitution, Macmilan and Co. Ltd. (1952), pp. 183-205), which can be summarized into three postulates: (1) “no man is punishable or can be lawfully made to suffer in body or goods except for…
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REASONS BEHIND ENACTMENT OF SARFAESI ACT 1. Till early 1990s, the civil suits were being filed for recovery of the dues of banks and financial institutions under the Act 1882 and the Code of Civil Procedure, 1908 (“CPC”). Due to various difficulties the banks and financial institutions had to face in recovering loans and enforcement…
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The Supreme Court of India in Rajiv Thapar & Ors vs Madan Lal Kapoor 2013 (3) SCC 330 observed as under- “21. The High Court, in exercise of its jurisdiction under Section 482 of the Cr.P.C., must make a just and rightful choice. This is not a stage of evaluating the truthfulness or otherwise of…
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The Supreme Court in Urmila Dixit v. Sunil Sharan Dixit and Ors. upheld that Maintenance Tribunals can cancel conditional gifts and order eviction if children fail to maintain elderly parents. It affirmed a liberal, welfare-oriented interpretation of Section 23, ensuring senior citizens receive effective remedies against neglect and misuse of transferred property. 1. Facts in…
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This landmark Supreme Court judgment reinforces the welfare-centric intent of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It affirms that tribunals can order eviction of children or relatives who fail to maintain senior citizens, ensuring their dignity, protection, and peaceful enjoyment of property against neglect or exploitation. 1. Facts in Brief…
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In Preeti Gupta vs. State of Jharkhand (2010) 7 SCC 667, the Supreme Court observed- “30. It is a matter of common experience that most of these complaints under section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints…
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Justice Krishna Iyer in Supreme Court’s judgment in Concord of India Insurance Co. Ltd. v. Nirmala Devi, (1979) 4 SCC 365 made a scathing observation- “An explosive escalation of automobile accidents, accounting for more deaths than the most deadly diseases, has become a lethal phenomenon on Indian Roads everywhere. The jural impact of this tragic…
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