Doctrinally - Year 1978 - Judgments

Sep 14 1978 (SC)

Chandrakant Saha and ors. Vs. Union of India (Uoi) and ors.

Court: Supreme Court of India

Decided on: Sep-14-1978

Reported in: AIR1979SC314; (1979)1SCC285; [1979]1SCR751; 1978(10)LC945(SC)

..... which are inseparable from an extension of its sovereignty that doctrine was however not intended to deny any rule of international ..... that so far as title to immovable property is concerned the doctrine of international law has become crystallized and thereunder the change ..... recognized or acknowledged their title this court accepted the english doctrine of act of state in a series of decisions the .....

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Aug 22 1978 (SC)

State of Uttar Pradesh Vs. Boota Singh and ors.

Court: Supreme Court of India

Decided on: Aug-22-1978

Reported in: AIR1979SC564; (1979)1SCC31; [1979]1SCR298

..... jurisdiction of the civil court would be barred would not be correct the application of doctrine of prospective overruling may not be correct because either a court has the requisite ..... jurisdiction the same would be nullity and thus the doctrine of prospective overruling shall not apply in such cases even otherwise doctrine of prospective overruling has a limited application it ordinarily .....

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Apr 19 1978 (HC)

T. Thippa Reddy and anr. Vs. Assistant Commissioner, Bangalore and anr ...

Court: Karnataka

Decided on: Apr-19-1978

Reported in: AIR1979Kant129

..... gowda jj res judicata held section 11 is not exhaustive of res judicata application of doctrine is not restricted to c p c but extends to all litigations including industrial cases ..... 11 is to be read in harmony with explanation 8 doctrine is founded on consideration of high public policy and said doctrine applies also between two stages in same litigation 29 of .....

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Feb 20 1978 (SC)

Mohan Singh, Advocate Vs. Union Territory, Chandigarh

Court: Supreme Court of India

Decided on: Feb-20-1978

Reported in: AIR1978SC1095; 1978CriLJ844; (1978)2SCC366; [1978]3SCR127; 1978(10)LC606(SC)

..... not introduce a new concept in indian law but is only an affirmation of the doctrine of constructive desertion in english law the ingredients of desertion as well as constructive desertion ..... case there is actual abandonment and in the other there is expulsive conduct the said doctrine is not rigid but elastic and without doing violence to the principles governing it it .....

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Mar 20 1978 (SC)

Patel Narsi Ladhu Vs. Bhatt Chimanlal Ratanji and ors.

Court: Supreme Court of India

Decided on: Mar-20-1978

Reported in: 1980Supp(1)SCC770

..... to a democratic republic it is inconsistent with the rule of law based on the doctrine of equality and introduces conflicts and anomalies the normal construction namely that an enactment applies ..... crown never enjoyed the general prerogative of overriding a statute and standing outside it the doctrine of the general immunity of the crown from the operation of statutes so far as .....

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Feb 28 1978 (SC)

Himmatbhai Vs. Rikhilal and ors.

Court: Supreme Court of India

Decided on: Feb-28-1978

Reported in: AIR1978SC918; 1978(26)BLJR328; 1978MPLJ510(SC); (1978)2SCC160; [1978]3SCR429; 1978(10)LC286(SC)

..... agent s authority or under the actual control of the principal the extension of the doctrine that the act of the servant or the agent must be for the master s ..... correct it is doubtful whether the principle can be extended by the introduction of the doctrine of implied authority smith v martin 1911 2 k b 775 and barwick v english .....

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May 31 1978 (HC)

M. Subramanya Bhat Vs. Govindaraj and ors.

Court: Karnataka

Decided on: May-31-1978

Reported in: [1982]52CompCas609(Kar)

..... does not permit a person to both approbate and reprobate which principle is based on doctrine of election indian contract act 9 of 1872 section 10 s r bannurmath a n ..... does not permit a person to both approbate and reprobate which principle is based on doctrine of election the tribunal after appreciating the evidence on record held that the claimant failed .....

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Feb 28 1978 (SC)

K. Savanth Vs. the Mysore State Road Transport Corporation and anr.

Court: Supreme Court of India

Decided on: Feb-28-1978

Reported in: AIR1978SC1133; [1978(36)FLR371]; (1978)ILLJ518SC; (1978)2SCC378; [1978]3SCR398; 1978(10)LC250(SC)

..... eye and unequal hand so long as courts are open in this country and the doctrine of abuse of power is there need be no apprehension that any power will be .....

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Mar 10 1978 (SC)

Badri NaraIn Prasad Choudhary and ors. Vs. Nil Ratan Sarkar

Court: Supreme Court of India

Decided on: Mar-10-1978

Reported in: AIR1978SC845; 1978(26)BLJR229; (1978)3SCC30; [1978]3SCR467; 1978(10)LC281(SC)

..... his sons and family members of his brother would be owners of 2nd floor held doctrine of family settlement will apply in such case will should be given a broad construction .....

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Sep 15 1978 (SC)

Tukaram and anr. Vs. the State of Maharashtra

Court: Supreme Court of India

Decided on: Sep-15-1978

Reported in: AIR1979SC185; 1978CriLJ1864; (1979)2SCC143; [1979]1SCR810

..... 1898 2 ch 680 distinguished per bachawat j the suit was barred by limitation the doctrine that the payment takes effect from the date of the delivery of the negotiable instrument .....

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