Department of Environment & Climate Change, Government of Goa invites applications for the post of Junior Law Officer. Name of the Post: Junior Law Officer No. of Post: 03 (Two) Essential Qualification and Experience • Degree in Law from a recognized University.…
Syllabus of Gujarat Higher Judicial Examination (I) Preliminary Examination (Elimination Test) (i) The Preliminary Examination (Elimination Test) shall consist of 02 Papers (each of 100 Marks & 02 Hours’ duration) consisting of Multiple Choice Questions (MCQs) each of 01 Mark…
GUJARAT HIGHER JUDICIAL SERVICE EXAMINATION – 2022 HIGH COURT OF GUJARAT invites online applications from eligible candidates for filling up 34 vacancies (existing and future) by way of direct recruitment in Gujarat Higher Judicial Service by holding Gujarat Higher Judicial…
Anti Suit Injunction– (mainly in child custody cases) When a court restrains a party to a suit/ proceeding before it from instituting or prosecuting a case in another court including a foreign court, it is called anti-suit injunction. In exercising…
Temporary Mandatory Injunction, A court can grant temporary mandatory injunction (Indian Cable Co. Ltd. V. Sumitra Chakroborty 1985 Cal). When granted, it is to restore the status quo, and not to establish new state of things. (Ramchandra Tanwar v. Ram…
John Doe orders– John Doe order is an injunction sought against a person or persons whose identity is not known at the time of the issuance of the order. John Doe order has its origin in England when orders were…
Mareva Injunction: Injunction Restraining Disposal of Assets- ‘Mareva’ injunction is an injunction granted where it appears likely that the plaintiff would recover judgment against the defendant fort a certain or approximate sum and there is reason to believe that the…
Anton Piller Order Anto Piller injunction originated in the Court of Appeal in England in Anton Piller KG v Manufacturing Processes Ltd. (Anton Piller K.G. v. Mfg Processes Ltd. {1976} All ER) and are ex parte orders which permit the…
42. Injunction to perform negative agreement.- Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain…
41. Injunction when refused An injunction cannot be granted- (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a…
40. Damages in lieu of, or in addition to, injunction (1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such…
39. Mandatory injunctions When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the…
38. Perpetual injunction when granted (1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favor, whether…
Injunctions Generally An injunction is a specific order of the Court forbidding the commission of a wrong threatened or the continuance of a wrongful course of action already begun, or in some case, when it is called mandatory injunction commanding…
Relief of cancellation under Sections 31 and relief of declaration under 34- Section 34 talks about cancellation relief and provides that any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument,…
DECLARATORY DECREES Declaratory Relief It is important to note that Sections 34 and 35 of the Specific Relief Act, 1963 talk about the declaratory decrees. If any person entitled to any legal character, or to any rights as to any…
33. Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable.— (1) On adjudging the cancellation of an instrument, the court may require the party…
Which instruments may be partially cancelled [Section 32] Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue. Example: A…
CANCELLATION OF INSTRUMENTS 31. When cancellation may be ordered.- (1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to…
Cooley v. The Board of Wardens of the Port of Philadelphia, 12 Howard (53 U.S.) 299; 13 L. Ed. 996 (1851) Facts—The Board of Wardens of the port of Philadelphia, acting under a statute of the state of Pennsylvania that…
Brown v. Maryland, 12 Wheaton (25 U.S.) 419; 6 L. Ed. 678 (1827) Facts—A Maryland law required all importers of foreign goods to have a li[1]cense issued by the state. The indictment in this case charged Brown with having imported…
Gibbons v. Ogden, 9 Wheaton (22 U.S.) 1; 6 L. Ed. 23 (1824) Facts—The state of New York gave exclusive navigation rights to all water within the jurisdiction of the state of New York to R. R. Livingston and R.…
Difference Between Riot, Affray and Assault Riot Affray Assault 1. Riot is a violent outburst of unlawful assembly of the people. Affray is a fight in a public place, especially one that disturbs people. Assault is a violent and sudden…
Salient Features of the Indian Constitution 1. Lengthiest Written Constitution. The Constitution of India is the lengthiest of all the Constitutions of the world. Originally, it contained 395 articles, 22 parts and 8 schedules. Presently, it consists of 450 articles,…
Legal Terms in Detail S sabotage Damage to or destruction of property, especially the property of an employer during a strike or of the state for political reasons. Sabotage as such is not an offence, although it may be treated…
