Sunday, May 30, 2010

Competition Act

Friday, May 28, 2010

Corruption

Effective implementation of RULE OF LAW confers legitamacy on the State. If RULE OF LAW is compromised by corruption, the State loses its legitamacy.
- N.Vttal, former Chief vigilance Commissioner, Govt. of India.

Thursday, May 27, 2010

M.Krishna Law College


M.Krishna Law College situated at Hassan(pin Code-573202) in Karnataka State, India. Approved(permanent approval) by Bar Council of India. Affiliated to Karnataka State Law University,Hubli. Contact No.08172-245406.Affording legal education for more than 35 years under the auspice of Malnad Technical Education Society (R), Hassan. The First Rank holder of this college is the present Advocate-General for the State of Karnataka, Sri Ashok Haranahally, also the present chairman of the MTES.

Second Appeal

Jurisdiction to entertain Second Appeal.
Section 100 of Code of Civil Procedure provides the jurisdiction of High Court to entertain Second Appeal. It is confined to such appeals which involve a substantial question of law and it does not confer anyjurisdiction on the High Court to interfere with pure question of fact while exercising the jurisdiction u/s.100 CPC 1908.
Thus the memorandum of appeal shall precisely state substantial question of law involved in the appeal (s.100(3). High Court, if satisfied, shall formulate the question involved and hear the second appeal.
- Dharam Singh v. Karnail Singh, AIR 2009 SC 758

Note: The Supreme Court here reaffirms s.100(4)of CPC and alerts the High Courts that they should not dismiss the Second Appeal for merely not formulating the substantial question of law in the memorandum of appeal.

Wednesday, May 26, 2010

Right to water

Right to water is part of right to life.
The water bodies are required to be retained. such requirement is enviseged not only in view of the fact that the right to water as also quality of life are envisaged in Article 21 of the Constitution of India, but also in view of the fact that the same has been recognised in Articles 47 and 48-A of the Constitution of India. Article 51-A of the Constitution further more make a fundamental duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life...
The State is required to take preventive action and also remove unlawful encroachment so as to maintain ecological balance... It is a Constitutional Obligation...
-Susetha v. State of Tamil Nadu, (2006)6 SCC 543

ರೈಟ್ ಟು ವಾಟರ್

Tuesday, May 25, 2010

Rule of law

The Rule of law should establish a uniform pattern for harmoneous existence in society where every individual would exercise his rights to the best advantage to achieve excellance, subject to the protective discrimination.
- per Ramaswamy K, J in Dalmia Cement (Bharat) Ltd V.Union of India, (1996) 10 SCC 104