Lex Summarium

 Case Citation : (2008) 3 SCC 222 Bench: Altamas Kabir. J Facts of the case: 1. The respondent in the first of these two appeals and the appellants in the other appeal applied for appointment as Constable-Drivers under the Haryana Police and submitted their respective application forms, which contained two columns, namely, 13(A) and 14, which read as follows:-      13(A): Have you ever been arrested?      14: Have you ever been convicted by the Court of any offence? Respondent answered the both questions as negative. 2. Subsequently, during verification of the character and antecedents of the said respondent, it was reported that he had been arrested in connection with a case arising out of FIR. However, he was aquitted in that matter by judicial magistrate. 3. Appellant, however, alleged that the respondent had concealed these facts from the Selection Committee and had not correctly furnished the information in columns 13(A) and 14 of the applica...

Hon'ble Supreme court in the case of Shri Dilip K. Basu vs State Of West Bengal & Ors  laid down the following  requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as preventive measures: (1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name togs with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register. (2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest a such memo shall be attested by atleast one witness who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest. (3) A person who has been arres...

Sections Involved Section 10 IEA: Things said or done by conspirator in reference to common design. –– Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Section 17 IEA:  Admission defined.––An admission is a statement, 1 [oral or documentary or contained in electronic form], which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.  Section 18 IEA:  Admission––by party to proceeding or his agent....

Bench: N.S. Hegde, B.N. Kirpal Facts of the case: 1.  ICI  India Ltd. executed an agreement of sale wherein it agreed to transfer on an “as is where is” basis and “as a going concern” its fertilizer business of manufacturing, marketing, distribution and sale of urea fertilizer in favour of Chand Chhap Fertilizer and Chemicals Ltd. (“CCFCL”), also a company incorporated under the Companies Act, 1956 which company has since been renamed as M/s Duncans Industries Limited, Fertilizer Division, Kanpur Nagar (the appellant herein) for a total sale consideration of Rs 70 crores which was termed as “slump price” in the agreement. 2.  Pursuant to the said agreement, a deed of conveyance was executed by the said ICI in favour of CCFCL, on the presentation of the said Conveyance Deed for registration.  3. The Sub- Registrar made a reference to the Collector under  Section 47-A(2)  of the Stamp Act, 1899 (hereinafter refe...

Equivalent citations: AIR 1974 AP 226 Bench: Kondaiah, Lakshmaiah Facts of the case   1.  The plaintiff's husband, late Profulla Kumar Raj and the defendant were friends. Plaintiff alleged that his husband had obtained a possessory mortgage  on 1-9-1957 with a view to run a touring cinema in that place. 2. Plaintiff’s husband built a temporary cinema structure and erected a temporary pandal in a portion of the site where he bought a cinema projector worth Rs. 16327 and the oil engine and accessories worth Rs 3506.   3.  The aforesaid cinema projector and the oil engine and their accessories have been imbedded and installed in the earth by constructing foundations for the purpose of running the cinema concern known as 'Kumar Touring Talkies'.   4.  Finding no time to manage the cinema concern the entrusted the management of the trust and confidence in him. The defendant taking advantage of his position, as being the person in ...

Rationale:  An advertisement can constitute a unilateral contract, which can be accepted by fulfilling the conditions of the contract; no formal acceptance required. The determination of a serious offer will be determined from the words and actions. The terms of the contract (if vague) will be interpreted purposively from the contract. The offeror can determine how acceptance of offer will be made. Facts of the case: On Nov. 13, 1891, Defendants gave an advertisement regarding their product i.e. Carbolic Smoke Ball of which they claimed that person consuming this as mentioned in advertisement would never come in contact with influenza pandemic. Further, Defendants announced a reward of 100 pound for those who will come in contact with influenza after consuming carbolic smoke ball. Advertisement is as: “£ 100 reward will be paid by the Carbolic Smoke Ball Co. to any person who contracts the increasing epidemic influenza, colds, or any diseases caused by taking cold, after having use...

  There are three types of homicides which are punishable in IPC 1.        Culpable homicide not amounting to murder 2.        Culpable homicide amounting to murder 3.        Homicide by negligence Homicide by negligence is covered in section is covered in Section 304A of IPC and is attracted in the cases where neither nor the intention to cause of death is present Section 304A “Causing death by negligence.--Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.” Elements of Section 304A 1.        Whoever 2.        causes the death of any person 3.        by doing any rash or negligent act 4.   ...

Equivalent citations: (1935) 37 BOMLR 692, 159 Ind Cas 424 Bench: J Beaumont, Kt., Rangnekar Facts of the Case 1. There is a Hindu family consisting of father and his wife, son and his wife. However, father died in 1929 before the year of assessment, so the joint Hindu family then consisted of the son, his mother and his wife.   2. Question raised by Commissioner appears to me to admit the existence of a joint Hindu family. Legal Issues: Whether, in the circumstances of the case, the income received by right of survivorship by the sole surviving male member of a Hindu undivided family can be taxed in the hands of such male member as his own individual income, or it should be taxed; as the income of a Hindu undivided family, for the purposes of assessment to super-tax, under section 55 of the Indian Income-tax Act, 1922? Observations of Court and Judgement Observations By Beamount, C.J A Hindu undivided family is a unit for taxation under Sections 3 and 55, and under Section 14(1) i...

AIR 1958 SC532: (1959) SCR 265 Vivian Bose, J. Facts of the case: 1. Husband of  the  petitioner granted her the right to take and appropriate all kinds of wood from certain forests in his Zamindary by  an unregistered document for a period of 12 years. 2. Meanwhile, Madhya Pradesh  Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 was passsed and all proprietary rights in land vested in the State under s. 3 Of that  Act and the petitioner could no longer cut  any wood. 3. She applied to the Deputy Commissioner and obtained from him an order under S.6(2) of the Act permitting her to work the forest and started cutting the trees. 4. The Divisional Forest Officer took action against her and passed an order directing that her name might be cancelled and the cut materials forfeited.   5. She moved the State Government against this order but to no effect.  6. Thereafter she applied to Supreme Cour...