Search Results for Tag : Doctrine

International Cases

Doctrine of illegality bows down to public interest(20.07.2016)

A party to a contract “tainted by illegality” is not barred from recovering money paid under the contract from the other party under the law of unjust.....

Tags : uk, doctrine of illegality, public interest, insider information

News

SC: Person Having Intention to Kill is Liable for Murder Even if he Kills Another Person by Mistake(23.11.2023)

Supreme Court while applying the Doctrine of transfer of malice, has held that a person who had intention to kill a person but by mistake kills anothe.....

Tags : Supreme Court, Murder, Doctrine of Transfer of Malice

Notional Extension of Employment Applies When Deceased Workman wasn't in Workplace by his Choice: SC(23.01.2019)

Supreme Court has held that doctrine of notional extension of employment applies when accident occurred while deceased workman was in workplace not by.....

Tags : Supreme Court, doctrine of notional extension of employment

Delhi HC: Prior Inaction Cannot Possibly Constitute Basis of Invocation of Doctrine of Legitimate Exp(28.02.2022)

Delhi High Court has observed that prior inaction cannot possibly constitute a basis for invocation of the doctrine of legitimate expectation which it.....

Tags : Delhi High Court, Doctrine of Legitimate Expectation

Delhi HC: Doctrine of Frustration Not Applicable to Lease Agreements(25.05.2020)

Delhi High Court has held that the doctrine of frustration under Section 56 of the Indian Contract Act, 1872 is not applicable to lease agreements.

Tags : Delhi High Court, Doctrine of Frustration.

Bom. HC: Goa VAT (12th Amendment) Act Violates Doctrine of Separation of Powers(24.04.2023)

Bombay High Court while observing that Goa Value Added Tax (12th Amendment) Act, 2020, is an impermissible judicial override defying doctrine of separ.....

Tags : Bombay High Court, Goa Value Added Tax, Doctrine of Separation of Powers

SC Gives Split Verdict on ‘Can Tax Exemption be Claimed Based on Doctrine of Legitimate Expectation’(15.05.2023)

Supreme Court division bench comprising of Justices M.R. Shah and Krishna Murari has rendered a split verdict on whether tax exemption can be claimed .....

Tags : Supreme Court, Sales Tax, Exemption, Doctrine of Legitimate Expectation

Kerala High Court Invokes Doctrine of Desuetude to Permit Construction of Commercial Building(25.06.2021)

Kerala High Court has approved the construction of a commercial building on a site reserved for residential buildings as per the Town Planning Scheme .....

Tags : Kerala High Court, Construction of Commercial Building, Doctrine of Desuetude

SC: Once Leave is Granted in SLP, Doctrine of Merger Comes into Play(18.07.2024)

SC has held that once leave has been granted in a SLP, regardless of whether the appeal is subsequently dismissed with or without reasons, doctrine of.....

Tags : Supreme Court, Doctrine of Merger, Special Leave Petition

Supreme Court Explains Doctrine of Merger(21.01.2025)

Supreme Court while explaining the doctrine of merger has observed that more than one decree or operative order cannot govern the same subject matter .....

Tags : Supreme Court, Doctrine of Merger, Subject Matter

All. HC: Scheme of A&C Act Put no Limitation for Application of Doctrine of Severability to an Award(25.09.2023)

Allahabad High Court has held that scheme of the Arbitration and Conciliation Act, 1996 does not put any limitation on power of the court to apply the.....

Tags : Allahabad High Court, Doctrine of Severability, Arbitral Award

SC: Cannot Apply Doctrine of Merger to Orders Obtained by Fraud(24.07.2025)

Supreme Court has held that if a decision of the High Court was upheld by the Supreme Court but such decision was obtained through fraud then, the agg.....

Tags : Supreme Court, High Court, Doctrine of Merger

Judgments

Doctrine of ex debito justitiae prevail over procedural law only where order of this Court passed without notice or where order has effect of eroding public confidence in justice delivery system(30.08.2016)

In instant writ petition, Petitioner assailed conviction order passed under Section 3 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (".....

Tags : Ex debito justitiae, Doctrine, Applicability

Principle of res judicata is applicable between two stages of same litigation but issue involved must have been decided at earlier stage of same litigation(21.06.2017)

In facts of present case, Applicants before KAT were candidates, who appeared for 2011, Karnataka Gazetted Probationers' Examination. They were select.....

Tags : Application, Maintainability, Doctrine, Res judicata

Doctrine of lis pendens under Section 52 of the Transfer of Property Act, does not render all transfers pendente lite to be void(10.07.2024)

The present appeal arises out of judgment passed by the High Court whereby the writ petition preferred by the Appellant under Article 227 of the Const.....

Tags : Impleadment, Entitlement, Doctrine