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Wednesday, December 14, 2011

when law requires something to be done in a particular way it must be done in that way or not at all


Nazir Ahmad v. King Emperor, AIR 1936 PC 253. Crates on Statute .Law, 6th Edition P. 263 states the same principle In the following language :
"If the requirements of a statute which prescribe the manner in which something Is to be done are expressed in negative language, that is to say, If the statute enacts that it shall be done in such a manner or in no other manner. It has been laid down that those requirements are in all cases absolute, and that neglect to attend to them will Invalidate the whole proceedings."

In A. K. Roy v. State of Punjab, AIR 1986 SC 2160, the Supreme Court was called upon to construe the provisions of Section 20(1) of the Prevention of Food Adulteration Act, 1954, which Inhibited institution of any prosecution for an offence under the Act not being an offence under" Section 14 or Section 14A, "except by or with the written consent of the Central Government or the State Government or the person authorised in this behalf by general or special order by the Central Government or the State Government" The Supreme Court held as under :
"Where a power is given to do a certain thing in a certain way the thing must be done in that way or not at all. Other modes of performance are necessarily forbidden. The Intention of the Legislature in enacting Section 20(1) was to confer a power on the authorities specified therein which power had public exercise in the manner provided and not otherwise."

Monday, December 12, 2011

Journalist qualified privilege - not to disclose source

AIR 1987 Bom 339 - Javed Akhtar
68 (1997) DLT 259 - re, the pioneer

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Wednesday, December 7, 2011

No lease when document not signed

AIR 2011 NOC 337 (All)
WP (civil misc) 3707 of 1996
Ram Shankar Trivedi v. Commissioner
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Merit cannot be disregarded merely on technical grounds

AIR 2011 P&H 159

Merit cannot be disregarded merely on technical grounds
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Stamp Act, 1899 - Stamp Duty on Gift

Market value is not relevant in in assessment of stamp duty of the gifted property. Disclosure of value of property in gift deed is sufficient for purpose of payment of stamp duty. AIR 2011 All 135 (Sumit Gupta v. State of UP)

Friday, December 2, 2011

Specific Performance and arbitration

Specific performance can be sought and granted in arbitration. AIR 1999 SC 2102
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Section 8 Arbitration - objection

Opposing an application for interim relief is not a waiver of right to insist on arbitration.

Rashtriya Ispat Nigam v. Verma Transport (2006) 7 SCC 275
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