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The Supreme Court of India in Career Institute Educational Society vs. Om Shree Thakurji Educational Society, Special Leave to Appeal (C) Nos. 7455-7456/2023 stated:- “The distinction between obiter dicta and ratio decidendi in a judgment, as a proposition of law, has been examined by several judgments of this Court, but we would like to refer…
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Difference between “Further Investigation” and “Re-investigation” 51. There is no doubt that “further investigation” and “re-investigation” stand altogether on a different footing. In Ramchandran v. R. Udhayakumar and Others reported in (2008) 5 SCC 413, this Court has explained the fine distinction between the two relying on its earlier decision in K. Chandrasekhar v. State…
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Reference may also be placed on the decision in Pooja Pal v. Union of India and Others reported in (2016) 3 SCC 135, where the fundamental rights enshrined under Article 21 of the Constitution of India were discussed in the context of “speedy trial” juxtaposed to “fair trial” in the following manner: “83. A “speedy…
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The Supreme Court of India in Paramjeet Batra v. State of Uttarakhand & Ors., (2013) 11 SCC 673 observed as follows- 7. While exercising its jurisdiction under Section 482 of the Code the High Court has to be cautious. This power is to be used sparingly and only for the purpose of preventing abuse of…
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Whether proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 can be used to decide title disputes? Recently, vide judgement dated 14th October, 2022 in Pawan Kumar and Anr. v. Divisional Commissioner Department of Revenue, Govt of Delhi and Others in LPA 525/2022, the Delhi High Court held as under: “9.…
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Relying on H. Venkatachala Iyengar v. B.N. Thimmajamma, 1959 Supp (1) SCR 426 (3Judge Bench), Bhagwan Kaur v. Kartar Kaur, (1994) 5 SCC 135 (3Judge Bench), Janki Narayan Bhoir v. Narayan Namdeo Kadam, (2003) 2 SCC 91(2Judge Bench) Yumnam Ongbi Tampha Ibema Devi v. Yumnam Joykumar Singh, (2009) 4 SCC 780 (3Judge Bench) and Shivakumar…
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The Supreme Court of India in Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and Ors, 2021: (2021) 19 SCC 401; SCC OnLine SC 315 held as hereunder- “In view of the above and for the reasons stated above, our final conclusions on the principal/core issue, whether the High Court would be justified in passing…
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