H.H. Bhagwati, J. – Ours is a nascent democracy and situated as we are, socially, economically, educationally and politically, it is the sacred duty of the Supreme Court to safeguard…
The case of Basheshar Nath v. Commissioner of Income-tax, Delhi and Rajasthan and another (1958) is a landmark case on the question whether a person can waive his fundamental rights…
In Union of India v. Tarsem Singh (2008), the Court deliberated on the question of ‘continuing wrong’ on state’s part in issues related to pension or arrears. The Court said,…
Section 5 of the Limitation Act. Section 5 of the Limitation Act, reads as under: – “5. Extension of prescribed period in certain cases.— Any appeal or any application, other…
Rules of limitation are not meant to destroy the rights of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly.…
Section 5 of the Limitation Act, reads as under: – “5. Extension of prescribed period in certain cases— Any appeal or any application, other than an application under any of…
Supreme Court in Ghaziabad Development Authority v. Balbir Singh, (2004) 5 SCC 65, has observed that there is no fixed formula for fixing damages in the following manner- 8. However,…
The Supreme Court in Lucknow Development Authority v. M.K. Gupta, (1994) considered the statute in detail and answered the question as follows: The provisions of the Act thus have to…
In Lucknow Development Authority v. M.K. Gupta, (1994) It was urged before the court that the applicability of the Act having been confined to moveable goods only a complaint filed…
Section 5 of the Limitation Act, reads as under: – “5. Extension of prescribed period in certain cases.— Any appeal or any application, other than an application under any of…
