caselaws

Case Laws

Important Case Laws compiled by Praaveen Thummaji< xml="true" ns="urn:schemas-microsoft-com:office:office" prefix="o" namespace="">

● A person cannot approbate & reprobate- Doctrine of election-AIR 1956 SC 593.

● A post is an employment but every employment is not a post- AIR 1977 SC 1677.

● A proviso - It is intended to limit the enacted provision - AIR 1985 SC 582.

● Absolute estate- Property given in shares to the respective parties in partition deed, with an emphasis that each of them should get their katha of the property mutated in their name and enjoy the property as they wish- is the absolute property and not limited estates -AIR 2001 KANT 246.

● Abuse- Means misuse i.e. using his position for something for which it is not intended. AIR 1963SC 1116. - Physical and mental maltreatment is also an abuse. AIR 1997 SC 3021. Abuse of position must necessarily be dishonest, so that it may be proved that the accused deliberately caused loss to the department. AIR 1963 SC 1116, AIR 1977 SC 822, AIR1979SC 826.

 ● Accusator post rationabile tempus no est audiendus nisi se bene de omissione excusaverit - An accuser cannot be heard after the expiry of reasonable time unless the person complain ing gives satisfactory excuse for delay-

 ● Act in discharge of official duty- Where public servant commits the offence of cheating or abets another so to cheat, the offence commited by him is not one while he is acting or purporting to act in the discharge of official duty , such offences have no connection with official duty , the official position only furnishing occasion or opportunity to do such acts.-AIR 1960 SC266.

 ● Actio personalis moritur cum persona.- A personal right of action of a person dies with the person. AIR 1958 SC 1042., AIR 1994 SC 1174, AIR 1996 SC 1090.

 ● Acts done under the colour of duty.- section 161 IPC.- Police officer preparing false panchanama or a false report- AIR 1963 SC 849.

 ● Actor qui contra regulam quid adduxit, non est audiendus - A pleader who advances anything against rule of law is not to be heard.

 ● Actual value - The actual value could only be the market value and not the actual cost to the owner. AIR 1983 SC 751.

 ● Actus curiae neminem gravabit - An act of the court shall prejudice no man. AIR 1996 SC 1633. AIR 1963 MYS 326.AIR 2000 SC 1441. AIR 1997 SC 993 - No party can be forced to suffer for the inaction of the court or its omission to act according to the procedure established by law.-AIR 2000 SC3032. -AIR 1996 SC 1175.- Complaiant filed within the limitation under Crpc cannot be made infructuous by an act of the court. AIR 2003 SC 4560. ACTUS INCLUDES-All such acts as to which the court may have form an opinion in any legal proceedings that the court would not have so acted had it been correctly apprised of the facts and the law.- AIR2003 SC4482.

 ● Adequate and special reasons- section 376 IPC - AIR 2000 SC 1920. AIR 2003 SC 4684.

 ● Adhuc sub judice lis est - The case is still before the judge, the controversy is not yet settled.

 ● Adjectio dominii per continuationem possessionis - The addition of the right of property by continued possession.

 ● Adoption in Hindu law - no requirement of particular form-AIR 1970 SC 1286.

 ● Adulteration of food - AIR 1976 SC 394, 397. AIR 1985 SC 741, 743. AIR 1960 SC 576, 585.

 ● Aequitas est correctio legis generaliter latae qua parte deficit. - Equity is the correction of general law in the part where it is defective.

 ● Affording opportunity of making representation - means as and when representation is made it should be dealt with properly.AIR 1972 SC 2605.

 ● Aggrieved person - In offence of bigamy, the wife is the aggrieved party and not relatives, howsoever closely related with wife. AIR 1965 Mys 235. -The chairman of the reception committee of a conference is not an aggrieved person to file complaint for defemation. AIR 1972 SC 2609.

● Agricultural implements & machinery. - TRACTOR is not.- AIR 1991 SC 1992.

 ● Agriculture - AIR 2001 MAD 29. AIR 2004 SC 2341. AIR 1973 SC 1293. AIR 1957 SC 768.

 ● Agriculturist - AIR 1997 Kant 12. AIR 1953 SC 425. AIR 1999 GUJ 264.

 ● Aliud est possidere, aliud esse in possessione - It is one thing to possess, another to be in possession.

 ● All such grounds of defence as, if not raised would be likely to take opposite party by surprise. - AIR 1976 SC 744.

 ● Allegans contraria non est audiendus - A person making contradictory allegations /things is not to be heard. - AIR 1956 SC 593. AIR 2003 SC 1813.

 ● Allegans suam turpitudinem non est audiendus. - He is not to be heard, who is disgraceful or discreditable to himself.-one of the exception to this rule is where the fraudulent transaction still remains executory and the purpose of the fraud has not been effected. AIR 1963 KER 79.

 ● Allegari non debuit quod probatum non relevant. What is not relevant if proved ought not to have been alleged.

 ● Ambiguum placitum contra proferentem interpretare debet. - An ambiguous (doubtful or uncertain) agreement ought to be interpreted against the person putting it forward.

 ● Ambiguum placitum interpretari debet contra proferentem. - An ambiguous pleading ought to be construed against the party offering or delivering it.

 ● Amusement - Entertainment & amusement are wide enough to include theaters dramatic performances,cinemas, sports and the like AIR1959SC894.

Amusement would mean diversion,pastime or enjoyment or a pleasurable occupation of the senses or that which furnished it.AIR 1995 SC 1770.

 ● Acts of officer defacto-AIR1998Kant59.

 ● Analagous to trade or business. only activity which are capable of being converted into saleable ones.AIR 1978 SC 548.

 ● Ananda marga – religious denomination -It is a collection of individuals who have a system of beliefs which they regard as conductive to their spiritual wellbeing AIR 1984 SC 51.

 ●`And`-`Or`- And is conjuctive, Or is disjunctive AIR 1999 Kant 343,381.

AIR 1971 SC 1407, AIR 1978 SC 1124.

AIR 1996 SC2558, IN O19 R1-alternative claim is stated by the use of conjuction and/or- AIR 1967 Goa 169.

 ● ` And shall afford`-The law insists up on the literal performance of a procedural requirement. AIR 1981 SC 2166,2174

 ● Antecedent debt-It means antecedent in fact as well as in time, that is to say, that the debt must be truly independent of and not part of the transactions impeached AIR 1982 SC 84,96. AIR 1964 sc 1430.

 ● Anti-suit INJ - Restraining party from instituting suit or prosecuting a case in another court, including foreign court. AIR 2003 SC 1177.

 ● Any dispute – The term dispute means a controversy having both positive and negative aspects. It postulates assertion of claim by one party and denial of it by other AIR 1979 SC 1203,1207. In Wakf Act – AIR 2001 Mad 431, 439. In co-op soc act – AIR 1966 Bom 187, 194 (FB).

 ● ’Any estate or of any rights therein’ – Article 31A(1)(a) and (2) Constitution of India- Not only Rights of proprietors ,sub-proprietors and also of lower grade tenants, like raiyats or under raiyats. AIR 1959 SC 519,526.

 ● ‘Any interest in the estate of the deceased’ – IND SUCC ACT- section 283(1) (c) – means any interest in the estate in respect of which the deceased is alleged to have executed a testament. – AIR 1972 Mad 212.

 ● ‘Any other public purpose’ – Acquisition of sites for building of hospitals or educational institutions by private benefactors will be a public purpose, though it will not strictly be a state or union purpose- AIR 1955 SC 810,812.

 ● ‘Any other reason’ – It means reason similar or analogous to the preceding reasons. – AIR 1960 SC 893. AIR 1954 SC 526. AIR 2000 SC 85.

 ● ‘ Any particular case’ – Particular means peculiar or pertaining to a specified person, thing, time or place, not common or general. AIR 1990 SC 857.

 ● ‘Any person’ – Art 226 – AIR 1989 SC1607,1613. AIR 2003 SC 1764, - Sec 397 Crpc – does not include state – AIR 1997 SC 987. Sec 73 of IND EVI ACT – There are no words limiting the section to persons other than a person accused of an offence and in the absence of any such limiting words it is not open to the court to read them into the section. AIR 1955 Cal 247. Advocate act sec 32- AIR 1999 SC1385. IN-DISP ACT sec 2(k) and 18 – It does not include non worken – AIR 2004 SC 3905.AIR 1958 SC 353. O 21 R 97(1) CPC – Includes all persons resisting the delivery of possession, claiming right in the property, even those not bound by the decree, including tenants or other person claiming right on their own, including a stranger.AIR 1998 SC 1827. MOTOR VEH ACT – sec 2(23) – does not include a stranger who enters a vehicle for hire – AIR 1988 Bom 199 (FB). Sec 82 – do not include a conductor incharge of a bus traveling on the running board. AIR 1954 Mad 263. sec- 147(1) – includes pillion rider – AIR 2000 Kant 73,76. Not includes gratuitous passenger (2004) 2 SCC 1, sec –46 of 1994 amnd act – includes third party as well as owner of the goods or his authorized representative carried in the vehicle – AIR 2003 SC 607. sec- 89 – includes every aggrieved person- AIR 2003 Kant 326,328. Crpc sec167 – Any person supposed to be acquainted with facts and circumstances of the case – includes an accused person because the police suppose him to have committed the crime and must therefore be familiar of facts. AIR 1978 SC 1025

 ● ‘Any person aggrieved’ – A person who feels disappointed with the result of a case is not a person aggrieved. The order must cause him a legal grievance by wrongfully depriving of something – AIR 1971 SC385, AIR 2001 MP 116, AIR 1951 Mad 935, AIR 1975 SC 2092, AIR 1977 SC 276. AIR 2001 SC 2228, 2292.AIR2002SC662.

 ● ‘Any property’ – sec 14 of Hin succ act – AIR 1977 SC 1944,

● ‘Any undertaking’ – Motor veh act – sec 68(2) – undertaking may be by government or private or public sector or statutory corporation- AIR 2002 SC 2513.

 ● ‘Any one accident’ – Motor veh act –sec 95(2) – A person looking at the occurrence subjectively, like the one who is injured in the collision, will say that he met with an accident, ‘Any one accident’ means accident to anyone. AIR 1981 SC 2059, 2064.

 ● ‘Appear’ – includes voluntary appearance of the accused, even in the absence of any summons or warrant. – AIR 1966 Mys 71,72. – Where counsel has done some act amounting to the participation at the hearing, so that the same constitutes appearance of the party through counsel, the withdrawl of the counsel after refusal of an adjournment sought, does not amount to non appearance of the party. AIR 1977 MP 222,235.(FB).

 ● ‘Appearance’ – sec 167(5) of crpc – only physical appearance of accused before court. – AIR 1998 SC 1887. Appearance cannot be equated with the filing of written statement. It means appearance at the date of hearing. AIR 1973 SC 171, 175.

 ● ‘ Appears to have commited’ – means that at the present stage there should be prima-facie material before the court to indicate that the offences complained of are likely to have been commited. AIR 1966 ALL 66,68.

 ● ‘Application’ - It could be understood in a generic sense as a prayer made to an authority for some relief to set aside an order of another authority and such an application under the statute would amount to appeal. AIR 1996 Kant 18,21.(companies act). AIR 2002 SC 749.

● Appointment & termination powers – Section 16 of General clauses act. – It is fundamental principle of interpretation that unless a contrary intention appears from the context, a power to appoint should include a power to terminate the appointment, including termination of the person appointed by his compulsory retirement in accordance with the terms and conditions of service. AIR 1980 SC 2084.

 ● Appointed on probation –probationer so appointed continuing in service, remains probationer until he is confirmed. AIR 1979 SC 1676, 1681.

 ● Appointment – can only mean a post, station or office and not the whole service as such. AIR 1964 SC 295, 302.

 ● Apprentice – There is no element of employment under apprenticeship. It is for theoretical or practical knowledge with certain rules of discipline. It is an offer by an employer an opportunity to learn. AIR 1976 SC 66,68.

 ● Approbate and reprobate – A person cannot approbate or reprobate is only one application of the doctrine of election, and its operation must be confined to reliefs claimed in respect of the same transaction and to the persons who are parties thereto. AIR 1956 SC 593, 602. – It is only with respect to conduct of parties, it is only a species of estoppel ,in case of estoppel it cannot operate against the provisions of statute. – AIR 1965 SC 1216, 1221.

 ● Appropriate government – Crpc s. 432(7) –means the government of the state of conviction and not the government of the state where the offence were commited.AIR 1982 SC 1052.

 ● Appropriate proceedings – Proceedings which may be appropriate having regard to the nature of the order, direct ion, or writ a person claims. AIR 1961 SC 1457, 1461. Appropriate not in terms of any particular form but appropriate with reference to the purpose of the proceedings viz., enforcement of fundamental rights. AIR 1984 SC 802.

 ● Approval & permission – In case of approval action holds good until it is disapproved while in the other case it does not become effective until permission is obtained. AIR 1996 SC 114,115.

 ● Approve –Means to have or express a favorable opinion of, to accept as satisfactory. AIR 2004 SC 3693, 3696.

 ● Approximate quantity – prev of food and adul rules – quantity to be supplied must be in close vicinity of the quantity of the specified. – AIR 1978 SC 933, 938.

 ● Arable and waste land. – Arable land must be construed to mean lands which are mainly used for ploughing and for raising crops , and the expression waste land would mean land which is unfit for cultivation or habitation, desolate and barren land with little or no vegitation thereon. AIR 1967 SC 1081. Arable land is meant not only land capable of cultivation , but also actually cultivated. AIR 1968 SC 870.

 ● Arbitration act –sec 34 – At any time before the filing of W/S means before actually filing the same and not before the expiry of time to file W/S. – AIR 1992 Cal 139, 145. sec 21 – The expression At any time before the judgment is pronounced intended to show the limit of time beyond which no reference can be made. AIR 1960 SC 307.

 ● Arbitrary – In order to show that order is arbitrary it must not be reasonable and manifestly arbitrary. AIR 2002 SC 322.

 ● Argumentum a simili valet in lege. – An argument from a like or analogous case is good in law. The binding effect or decision does not depend upon whether a particular argument was considered therein or not, provided that the point with reference to which an argument was subsequently advanced was actually decided. AIR 1963 SC 151, 160.

● Argumentum ab auctoritate est fortissimum in lege. – An argument from authority is most powerfull in law.

● Argumentum ab impossibbili plurimum valet in lege. – An argument from an impossibility is of weight in law.

● Argumentum ab inconvenienti plurimum valet in lege. – An argument from inconvenience avails much in law.

● Arising out of employment – AIR 1961 MP 297, 298. – AIR 1964 SC 193, 201. – AIR 1970 SC 1906, -AIR 1985 SC 1156,1170.

● Arising out of such order – AIR 1988 SC 1305.

● Arising out of use of motor vehicle. – sec 147 of mv act. – Due to the processing of welding by another person the diesel tank parked in the roadside caught fire. Thereby the deceased who was doing work of vulcanizing the tube, involved in the fire accident and sustained fatal injuries. – It comes under – AIR 2003 Mad 237.

● Arrest & Custody – In every arrest, there is a custody, but not vice versa. Custody may amount to an arrest in some cases, but not in all.AIR 1994 SC 1775, 1788.

● Arrest & detention. – Art 22 (1) & (2) – AIR 1953 SC 10.

● Ars fit quod a teneris primum conjungitur annis. – That becomes an art which is taught us in our infancy.

● Artificial means. – stud hole made to insert foreign material inside the meter retarding the rotation of wheel, artificial means to prevent meter from registering the every supplies. AIR 1966 SC 849. (IND ELEC ACT).

● As far as it can be made applicable. – In applying the various provisions of the CPC code to the proceedings other than those of a suit, the court must take into account the nature of those proceedings and the relief sought. AIR 1974 SC 2105.

● As far as practicable –non interfering with the ratio which fulfils the interest of the adminstration. AIR 1977 SC 251.

● As he deems fit – Does not bestow power to make any order on considerations de horse the statute which the authorities consider best according to their notions of justice. AIR 1962 SC 753. AIR 1983 SC 990.

● As he thinks fit – The words used in section 123 of IND EVI ACT, “as he thinks fit” ; confer absolute discretion on the head of the department to give or withhold such permission. AIR 1975 SC 865.

● As if – Motor veh act sec –58(2) – The application for renewal must be made in the same manner and to the same extent as an application for fresh permit and must be processed as such.AIR 1984 SC 200.

● As it Thinks fit – It does not give any arbitrary power. Determination of questions in the light of evidence and consistent with the justice of the case. - AIR 1967 SC 1435, 1437. Confers a very wide jurisdiction enabling it to take an entirely different view on the same set of facts - AIR 1984 SC 1164.

● As may seem necessary to satisfy the decree – no sale can be allowed beyond the decretal amount mentioned in the sale proclamation. AIR 1977 SC 1789.

● As nearly as may be – Art 316 – not mandatory only directory. – AIR 1993 SC 1906, 1912.

● As soon as – without delay – immediately – within reasonable time – AIR 1982 SC 1143. AIR 1999 SC 2102. AIR 1972 SC2420. AIR 1999 SC 3051.

● As the case may be – means that one out of the various alternatives would apply to one out of the various situations and not otherwise. – AIR 1966 Pun 423,433. means as the situation may be. – AIR 1987 SC 2166. IND DIV ACT –sec 3 (4) –mean if the parties last resided together at a particular place, the district court having jurisdiction over that place alone would be competent to try a petition under the act. –AIR 2002 Mad 435, 442. AIR 1987 SC 1668, 1675.- TN – R CON act. AIR 1998 SC 1959- Rly act.

· As Well as – sec 141 (1) of Neg Int act – The persons mentioned in the first category within the dragnet of the offence on par with offending company. AIR 2000 SC 145.

● Assets – includes all that one owns – AIR 1971SC1691,1696. AIR 1980 SC 271 , 275.

●Assets disproportionate to known source of income. – AIR 1981 SC 1186, 1190.

● Association of persons and Hinu undivided family – HUF is nether firm nor AOP, it is a separate entity by itself- IT act – AIR 1974 SC 454.

● At any one time – mean at only given point of time. – AIR 1982 SC 29.

● At any stage of the proceedings – The provisions that such a transfer may be made at any stage of the proceedings obviously postulates proceedings actually pending and the stage refers to a point in between the commencement and ending of those proceedings. AIR 1956 SC 479, 483.

● At any time – At any time means at any time the party concerned likes- AIR 1965 SC 1288, 1290. – In several acts it is interpreted as within reasonable time –AIR 2003 Cal 233, 241. Appointment – AIR 1991 SC 537, 546. ID act – sec 10 – AIR 1979 SC 170, 175.

● At or about the time – sec 157 of IND EVI act – The statement was made as nearly as can reasonably be expected in the circumstances of the case and before there was an opportunity for tutoring or concoction. – AIR 1952 SC 54. – Hin Marr act – sec 27. – at means the actuall time of marriage. About the time of marriage means near or round about the time of marriage and not subsequently – AIR 1988 Mys 226,228,229.

● Attached in execution of decree – does not cover attachment before judgment AIR 1977 PH 312.

● Attached to- Land Acq ACT sec 6(d)- connote something different from mere ownership.AIR 1973 Del 218,224.

● Attempt – preparation to commit offence is not an attempt- some act necessarily done towards the commission of offence with intention – AIR 1980 SC 1111, 1115, 1114, 1117.

● Attestation & Attesting witness – By attestation is meant the signing of a document to signify that the attester is a witness to the execution of the document. An attesting witness is one who signs the document in the presence of the executants after seeing the execution of the execution of the document or after receiving a personal acknowledgement from the executants as regards the execution of the document.AIR 1977 SC 63,67. AIR 1969 SC 1147, 1151. A person who signs the document as a scribe or an identifier or a registering officer, is not an attesting witness. AIR 1969 SC 1151. (2001) 7 SCC 503,

● Attorn :- Attorn means to acknowledge the relation of a tenant to a new landlord. Therefore, attornment by a tenant would mean acceptance of the new owner as landlord and estopping the tenant to dispute the landlord title thereafter. AIR 1994 Del 212,218. Where a person in whose favour the attornment has been made has no title, a mere paper attornment would not be enough to establish, as against third parties, the possession of the person attorned. AIR 1967 SC 174.

● Audi alteram partem:- It is obligatory on the part of the tribunal to hear, expressly or by implication by giving an opportunity to be heard as a natural justice otherwise, the impunged act or order was never valid. AIR 1974 SC 1471.

● Audita querela :- Formerly the name of the writ brought by the defendant to reopen a judgement on the ground that some matter of defence arose subsequent to the judgement on the ground that some matter of defence arose subsequent to the judgement or that he had no opportunity to raise some matter of defence prior to judgement.

● Authorized by law:- The word means sanctioned by law, According to law means in conformity with law. AIR 1971 SC 840.

● Authority:-

D

● Da tau dum tua sunt, post mortem tunc tua non sunt. – Give the things which are yours while they are yours; after death they are not yours.

● Damage – Ordinarily damage is physical in nature, but damage to property can be caused by breach of contract or acts of commission or omission on the part of opponent by reason of the negligent operation and management of property.- AIR 1993 SC 1014. Damage includes destruction and deterioration –AIR 1962 MP 301,303. INJURY IS WHAT IS ACTUALLY SUFFERED WHILE DAMAGE IS THE MEASURE OF COMPENSATION FOR SUCH SUFFERING.

● Damdupat- A rule of Hindu law of debts by which the interest recoverable at any one time cannot exceed the principal. AIR 1965 SC 1692,1698.

● Damnum absque injuria- A loss without injury.

● Damnum absque injuria esse potest- There is such a thing as damage without injury.

● Damnum sine injuria – Damage without wrongfull act.

● Dangerous person and bootlegger. – A person who distills manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any prohibitory Act, and the rules and orders made thereunder, or any other law for the time being in force or who knowingly expends or applies any money or supplies any animal, vehicle, vessel or other conveyance or any other receptacle or any other material whatsoever in furtherance or support of the doing of any of the things described alone by or through any other person, or who abets in any other manner the doing of any such things.- AIR 1989 SC 1703.

● Dans et retinens, nihal dat. One who gives yet retains possession gives nothing.

●

( To be updated)

compiled by Praaveen Thummaji

visit http://thummaji.googlepages.com