Facts in the Case Issues in the Case Principles Applied 1. Rule of Harmonious Construction Case Law: Raj Krishna v. Binod AIR 1954 SC 202 […]
Archives
The exclusion of jurisdiction of Civil Courts to entertain Civil cases will not be assumed unless the relevant situate contains an express provision to that effect, of lends to a necessary and inevitable, implicate of that nature. Discuss
Facts in the Case Issues in the Case Principles Applied 1. Presumption in Favor of Civil Court Jurisdiction 2. Express or Implied Bar Must Be […]
The rule of construction is well settled that when there are in an enactment two provision which cannot be reconciled with each other, they should be so constructed that, if possible, effect should be given to both. Discuss the important aspects of this rule with help of decided cases that you know.
Facts in the Case Issues in the Case Principles Applied 1. Harmonious Construction 2. Key Elements of Harmonious Construction Judicial Precedents 1. Venkataramana Devaru v. […]
The term ‘Prize Competition’ iS defined under Prize Competition Act would include not only competition in what success depends an chance but also there in which it would depend to a sustained degree of skill. Which could not be supported under Article 19(1)(g) of the Constitution of India. What types of interpretation is preferable? Discuss.
Facts in the Case Issues in the Case Principles Applied 1. Strict Interpretation of Restrictive Statutes 2. Doctrine of Reading Down 3. Interpretation Favoring Fundamental […]
A makes a gift of Rs.50,000 to his friend B. the gift was made on 01.09,2010. The Income Tax authorities levy income-tax on the gifted amount. The assesse challenges this levy. Decide.
Facts in the Case Issues in the Case Principles Applied 1. Section 56(2)(v) and 56(2)(vii) of the Income Tax Act, 1961 2. Applicability to this […]
‘A’ was prosecuted under Section 497 of IPC, 1860 for living with B, a married woman.’A’ pleads that his prosecution was discriminatory at ‘B’, who is equally guilty was left out of prosecution? Advise A.
Facts in the Case Issues in the Case Principles Applied 1. Constitutional Challenge to Section 497 IPC 2. Principle of Substantive Equality Judgment / Conclusion
‘Y’ got served a notice to ‘Z’ through an unregistered way for eviction of his property.”Z” received the same and kept quiet. Explain the position of ‘y’ to take action against ‘Z’.
Facts in the Case Issues in the Case Principles Applied 1. Service of Notice in Property Law Case Law: K.K. Krishnan v. M.K. Mohan, AIR […]
There is an irreconcilable contradiction between two sections of the same Act. What is the rule of interpretation in such a case? Discuss
Facts in the Case Issues in the Case Principles Applied 1. Rule of Harmonious Construction Case Law: Venkataramana Devaru v. State of Mysore, AIR 1958 […]
The Sales Tax Act included paper in its schedule for levy of Sales Tax The question for determination was whether carbon paper can be levied Sales Tax ? Decide.
Facts in the Case Issues in the Case Principles Applied 1. Literal vs. Commercial Interpretation 2. Case Law Support Delhi Cloth and General Mills Co. […]
Under section 489 -A of the IPC, counterfeiting of currency notes is a punishable offence.. An accused was charged for counterfeiting of foreign currency notes. He contends that the phrase “currency notes” as used in 489-Aof IPC should be restricted only to Indian Currency notes. Decide
Facts in the Case Issues in the Case Principles Applied 1. Text of Section 489-A IPC Section 489-A IPC: “Whoever counterfeits, or knowingly performs any […]