Section 13 of Indian Contract Act, 1872 provides that the contract should be by free consent of party to the contract. Section 14 states that consent should be free: when it’s not influenced by Undue Influence, fraud, misrepresentation and mistake and coercion. There are two kinds of mistake Under ICA: Mistake of fact dealt under … Read more
The conception of the curative petition was first evolved by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra, 2002 on the question whether an displeased person is entitled to any relief against the final judgment of the Supreme Court, indeed after the dismissal of review petition. It’s majorly have two objectives, … Read more
The court observed in Shri Ram Sahu vs Vinod Kumar Rawat that the power of the review provided under section 114 and order 47 of the code of civil procedure, 1908 is not exercised by the court as the inherent or the appellate power. In Perry Kansagra vs Smriti Madan Kansagra, the court observed the … Read more
In an anticipatory bail usage, Rajesh Chauhan,J. has directed the police to release the applicant on transit bail on executing particular bond ofRs.,000/- with two sureties of the like quantum. The Court has also observed that there’s no fetter on the part of the High Court in granting a transit anticipatory bail to enable the … Read more
Right to marry person of choice was also provided to people in ancient times as’ Swayamvar’; now this right provided to persons under article 21 of Indian constitution said Punjab & Haryana High Court. Swayamvar i.e. marriage by your own choice isn’t something new. Its roots can be traced in ancient history including holy books … Read more
If District magistrate or magistrate of 1st class or sub- divisional magistrate has reason to believe that any person is confined under any circumstances which would be an offence, than he may issue the search warrant for searching of that person. If the person confined founded, he shall be immediately presented before the magistrate, who … Read more
Facts- first and second appellant prosecuted for conspiracy of bribing a police officer. Police investigation is going on against the second appellant for saving himself from that. He with the first appellant stooped the police officer on his way and offers him money for stopping the investigation. Such police officer asked them to come to … Read more
K Ramaswamy, Justice: This is fourth sound of litigation relating to the same subject matter. It was started by the respondent in filing the present suit, pleading that first appellant being his counsel placed fraud on him. He sought for an interim injunction against the appellant from dispossession Decision of trial court: the application of … Read more
Issue: Whether the basic structure test would include judicial review of ninth schedule laws on the touchstone of fundamentals rights. Decisions: The Court held that, there is no immunity to IX schedule from the judicial review. All the amendments to IX schedule after April 24, 1973 were left open to challenge on the grounds that … Read more
In this case a writ petition is filed for issuing mandamus against respondent to restore possession of premises to petitioner. Previously in the original suit the petition filed for mandatory injunction on the restoration of possession of premises to him was dismissed. The same premise is the subject matter of this writ petition. The issue … Read more