Legal Teachings

State of Punjab Vs. Nathu Ram Subject matter of the case - What is the effect of abatement of appeal against the respondents under Order 22 Rule 4 & 11 and Order 2 Rule 9 C.P.C.? Facts of the case :- 1. The government of Punjab acquired the land of Nathu Ram and Labhoo Ram on lease for defence purpose. 2. Nathu Ram and Labhoo Ram who were real brothers refused to accept the compensation offered by them by collector. They applied to the Punjab government for more compensation as provided by Rule 6 of the Punjab Land Acquisition Act, 1943. 3. The state government referred this dispute to an arbitrator under Rule 10 who submitted an award enhancing the rate of compensation to be given to both the brothers. 4. The state government filed an appeal against the award of the arbitrator in Punjab High Court. But during the pendency of the appeal one of the respondents Mr. Labhoo Ram died. The state government failed to bring his heirs on record within the prescribed time.

Hira Lal Patni Vs. Shri Kali Nath Subject matter of the case - Whether the objection regarding territorial jurisdiction U/S. 21, 38 & 47 C.P.C., goes to the root of the jurisdiction of the court? Whether the validity of a decree can be challenged on that ground in execution proceedings? Facts of the case :- 1. Hira Lal Patni wanted to purchase the shares of "John Mill" of Agra. He took the services of Mr. Kali Nath for this purpose. 2. On 10th July, 1946 with the aid of Mr. Kali Nath, Hira Lal Patni along with one another purchased the entire interest of one Major A.U. Khan. 3. After seeking the permission U/S. 12 of Letters Patent Act, Mr. Kali Nath filed a suit No. 3718.47 against Hira Lal Patni in Bombay High Court for the recovery of his commission amounting to one Lakh Rupees. 4. High Court referred the dispute to an arbitrator namely Mr. W.E. Pereira, who was the administrator of the property of the deceased Major A.U. John. 5. The defendant cont

What do you mean by Decree, Essentials of Decree, Kinds of Decree What do you mean by "Decree" According to Section 2 of Civil Procedure Code(CPC), " Decree means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with reference to all or any of the matters in controversy within the suit and should be either preliminary or final. It shall be deemed to incorporate the rejection of an plaint and therefore the determination of any question within Section 144, but shall not include: A. Any adjudication from which an appeal lies as an approval from an order, or B. Any order of dismissal from default. What are the essentials of a Decree? 1. There must be an adjudication  2. Such adjudication must have been given in a suit  3. It must have determined the rights of the parties with regards to all or any or any of the matters in controversy within the suit. 4. Such de

 Theory of Corporate Personality - Company Law - Saloman v. Saloman - Lee v. Lee For doing a business, why people make a company? because apart from individual company has its own individual rights and advantages. In this article we will understand about "Corporate Personality" an important topic of Company law look, when ever a company is incorporated, apart from members, company has its own Legal Personality and Independent status means after incorporation, member and company separate from each other, they become a separate entity. This concept of separation is called as Corporate personality.  How this concept was developed and most importantly what is the usage of this concept, we will get to know about this from this three important case laws. The concept of Corporate Personality or Legal Personality was developed in the case of OAKES V. TURQUAND . But this concept was concreted or fully established in the case of SALOMON V. SALOMON CO LTD . Lets discuss about t

5 Types of Writs - Constitutional Remedies - Article 32 & Article 226  Suppose you have a private property BUT -To protect that property, you are not allowed to build a fence around your property, you are not allowed to do any construction around it; nor are you allowed to evict a trespasser. In these Circumstances; Can you properly enjoy your property? In today's article, we are going to discuss 5 kinds of writs, about protection of Fundamental Rights, Mainly about article 32 & Article 226, with important case laws. Let's start with first understanding the meaning of writs. So, we have been provided with different rights like the Right to Education, Right to Dignity, Right to Life. but just like the example, there is no meaning of Rights until they are properly protected. To put it simply, whenever we buy any jewellery, the first thing we think about is its safekeeping. Just like that, for the protection of our Fundamental rights and their safeguard - we

Article 13 of the Indian constitution|| Doctrine of Severability|| Doctrine of Eclipse When we were making our constitution, we already had a lot of nations as example, which adopted democratic and humanitarian concept. So our founding fathers endeavoured to formulate something which reflects multiple things like rights of minority, principle of UDHR, our struggle for independence and what not. Therefore, while making the constitution,part III was discussed for 38 days. Part III exists with the objective of ; freedoms should be protected against state’s arbitrary invasion. So this means that state’s actions should be judged on the basis of their impact; freedoms of the people. This entire concept is your Article 13. Basically Article 13 deals with 4 principles relating to Fundamental Rights. First thing that you should have a clarity about what is Fundamental Rights, since when the fundament right have existed. Fundamental Rights have existed since the time our present con