LawAsItIs.com

  • Plenary Powers of the Supreme Court – Article 142 of the Constitution

    “47. The plenary powers of this Court under Article 142 of the Constitution are inherent in the Court and are complementary to those powers which are specifically conferred on the Court by various statutes though are not limited by those statutes. These powers also exist independent of the statutes with a view to do complete…

  • Mistake is a valid Reason to Recall an Order – Supreme Court

    Justice is a virtue which transcends all barriers. Neither the rules of procedure nor technicalities of law can stand in its way. The order of the Court should not be prejudicial to anyone. Rule of stare decisis is adhered for consistency but it is not as inflexible in Administrative Law as in Public Law. Even…

  • Supreme Court on the Doctrine of Stare Decisis

    “10. It is a settled principle of law that a judgment, which has held the field for a long time, should not be unsettled. The doctrine of stare decisis is expressed in the maxim “stare decisis et non quieta movere”, which means “to stand by decisions and not to disturb what is settled.” Lord Coke…

  • Second Preliminary Decree in Partition Suit – Supreme Court

    We are of opinion that there is nothing in the Code of Civil Procedure which prohibits the passing of more than one preliminary decree if circumstances justify the same and that it may be necessary to do so particularly in partition suits when after the preliminary decree some parties die and shares of other parties…

  • Right of the Accused during Investigation

    An aggrieved person can only claim that the offence he alleges be investigated properly, but he has no right to claim that it be investigated by any particular agency of his choice. The decision to investigate or the decision on the agency which should investigate, does not attract principles of natural justice. The accused cannot…

  • Power of Magistrate to direct further investigation – Section 156(3) CrPC

    19. The power of the Magistrate under Section 156(3) to direct further investigation is clearly an independent power and does not stand in conflict with the power of the State Government as spelt out hereinbefore. The power conferred upon the Magistrate under Section 156(3) can be exercised by the Magistrate even after  submission of a…

  • Preliminary Decree does not bring about Final Partition

    “………A partition of the joint Hindu family can be effected by various modes, viz., by a family settlement, by a registered instrument of partition, by oral arrangement by the parties, or by a decree of the court. When a suit for partition is filed in a court, a preliminary decree is passed determining shares…

Popular Posts

Search the website

Law Quotes

Latest Posts

error: