Interesting and Important Legal Propositions

Interesting and Important Legal Propositions : - 

State of Karnataka v. Vasavadatta Cement [2015] GCtR 4710 (SC) : If any document is created by any officer to keep it on record so as to produce it before the Court, it is a serious matter which requires to be inquired into by the concerned authority.

Dasin Bai @ Shanti Bai v. State of Chhattisgarh [2015] GCtR 4711 (SC) : Merely because the deceased suffered 70 per cent burns, this does not raise an assumption that he could not have given the oral dying declaration.

Vipulbhai M. Chaudhary v. GCMMFL [2015] GCtR 4712 (SC) : A right to elect is not a fundamental right nor a common law right; it is a statutory right.

GVK Industries Ltd v. Income Tax Officer [2015] GCtR 4713 (SC) : Dictionary meaning of ‘consultation’ in Black’s Law Dictionary, Eighth Edition can be referred. The word ‘consultation’ has been defined as an act of asking the advice or opinion of someone (such as a lawyer). It means a meeting in which a party consults or confers and eventually it results in human interaction that leads to rendering of advice. 

P.V. Guru Raj Reddy v. P. Neeradha Reddy [2015] GCtR 4714 (SC) : At the stage of exercise of power under Order VII rule 11 of Code of Civil Procedure, 1908 , the stand of the defendants in the written statement or in the application for rejection of the plaint is wholly immaterial.

M/s. Sundaram Finance Limited and another v T. Thankam  [2015] GCtR 4715 (SC) : Once an application in due compliance of Section 8 of the Arbitration and Conciliation Act, 1996  is filed, the approach of the civil court should be not to see whether the court has jurisdiction. It should be to see whether its jurisdiction has been ousted.

Written by 

Vishal

Delhi

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