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Knowledgebase Law and Legal Remedies - Litigation Process Case Law

Compensation for damages
  • complainant is entitled for compensation for inaction of those who are entrusted under the Act to discharge their duties
  • More topics »
Public Property
  • State shall allot public properties only by way of public auction
Notice
  • what 'notice' means and its purpose
  • if a notice sent to the correct address is returned either as unclaimed or as the addressee has moved away, the addressee alone can be held responsible
Departmental Enquiry
  • Should follow natural justice
  • departmental proceeding is a quasi-judicial proceeding
  • oral and documentary evidence against the petitioner should have been led in his presence
Bail
  • High Court granting bail – Four days thereafter second FIR lodged
  • misc citations on bail
  • Clear and correct legal position on Bail and anticipatory bail application
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Affidavit
  • Filing of a false affidavit disentitles a - party of any equitable relief
  • Written arguments - Cannot be treated as pleadings or affidavit
  • AN ADVOCATE CANNOT BE ADDED AS AN ACCUSED FOR FILING AN AFFIDAVIT CONTAINS FALSE NAME OF ACCUSED: PUNJAB AND HARYANA HC
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ExPartie Order
  • misc ciitations
Review
  • misc ciitations
DNA Test
  • misc ciitations
Abetment of Suicide
  • misc ciitations
Arbitration
  • misc ciitations
  • More topics »
Prisoners
  • Rights of Prisoners detained in jail.
  • Rights of Prisoners detained in jail.
SC-ST
  • Quashing of Criminal Proceedings
  • Guilt of accused not established beyond reasonable doubt
  • Intentional insult with in- tent to provoke breach of peace
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Constitutional Tort - responsibility of government
  • only when his opinion gets translated into action and such action results in injury or harm or loss that an action in tort will lie.
  • Government (Liability in Torts)
  • State need to compensate if failed to carry out statutory obligations
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Constituent Assembly Debates
  • THE USE OF CONSTITUENT ASSEMBLY DEBATES
Subject to Any law made by parliament
  • ARTICLES IN THE CONSTITUTION, WHICH EMPLOY THE WORDS ‘SUBJECT TO ANY LAW’ TO BE MADE BY PARLIAMENT AS CONTAINED IN ARTICLE 324
Power and Decision Making in Democracy
  • armed with exclusive uncontrolled powers to execute vital functions
  • Constitution has not authorized the judges to sit in judgment on the wisdom of what Congress and the executive branch do
Evidence
  • Testimony of a witness in a criminal trial cannot be rejected merely because of minor contradictions
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Appeal against Aquital
Quantum of punishment
  • there shall not be punishment beyond the limit prescribed under the provisions of the Act
  • Article 15(1) of the International Covenant on Civil and Political Rights (ICCPR.)
  • eturn of fine of Rs. 20,000 which was above the limit of Rs. 2000/
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the provisions of ICCPR and other international Covenants are constitutionally protected
  • the provisions of ICCPR and other international Covenants are constitutionally protected
State must act within the limits of its power and carry out the duty imposed upon it by the Constitution or the law
  • every organ of the State must act within the limits of its power and carry out the duty imposed upon it by the Constitution or the law
Enforcement of laws is as important as enactment
  • Enforcement of laws is as important as their enactment

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LIST Of 10 IMPORTANT LANDMARK JUDGMENTS

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