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Legal General Knowledge-1

👉On 4th December, 2007, a two judges Bench in Mohd. Akram Ansari v. Chief Election Officer, Civil Appeal No. 4981 of 2006 held that “ if a point is not mentioned in the judgement of a Court”, the presumption that “that point was never pressed before the judge and it was given up”,is a rebuttable presumption.

“In case the petitioner contends that he had pressed that point also (which has not been dealt with in the impugned judgement), it is open to him to file an application before the same judge (or Bench) that the other points were in fact pressed, but we're not dealt with in the concerned judgement, it is open to the concerned court to pass appropriate orders, including an order of review”, the Bench said.

👉A case is a precedent and binding for what it explicitly decides and no more. The words used by the judges in their judgements are not to be read as if they are words in an act of parliament. Supreme Court, Uttaranchal Road Transport Corporation v. Mansaram Nainwal,( 2006) 6 SSC366.

👉Public Interest Litigation (PIL) is meant for the benefit of the lost and lonely and it is meant for the benefit of those whose social backwardness is the reason for no access to the court. PILs are not meant to advance the political gain and also settle their scores under the guise of a public Interest Litigation and to fight a legal battle. Supreme Court, Rajiv Ranjan Singh 'Lalan’ v. Union of India, (2006) 6 SCC 613.

👉Court can in exercise of inherent powers direct plaintiff to furnish copy of document to defendant, M/s Sreenivas Basudev v. Shri Vineet Kumar Kothari, AIR 2007 Gau5.

👉There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law, once a person becomes a major he or she can marry whosoever he/she likes. Supreme Court, Lata Singh v. State of U.P., AIR 2006 SC 2522.

👉Award passed by arbitrator is neither decree nor an order of payment. Insolvency notice cannot therefore, be issued on its basis, Paramjeet Singh Patheja v. ICDS Ltd., AIR 2007 SC 168.

👉Daughter can seek marriage expenses from her father by filing civil suit in court of competent jurisdiction and not by filing application under section 20 of the Hindu Adoption and Maintenance Act, 1956, Baldev Singh v. Pooja Devi, AIR 2007 HP 16.

👉The Office of a lawyer or a firm of lawyers is not a commercial establishment. Supreme Court, M.P. Electricity Board v. Shiv Narayan, (2005) 7 SSC 283.

👉Scope of interference by the courts in regard to members of armed forces is far more limited and narrow. Supreme Court, Major General j.K. Vandal v. Union of india,(2005) 7 SSC 227.

👉Sex education in schools cannot be equated with right to education, Supreme Court, 18 November 2005.

👉Young and talented lawyers should be appointment as judges in High courts. Chief Justice of India, Justice Y.K. sabharwal, 9 Decent, 2005.

👉Government servants and employees of public sector undertakings have no moral, fundamental and statutory right to go on strike. Supreme Court, T.K. Rangarajan v. Government of Tamil Nadu, AIR 2003 SC 3032.

👉Re- marriage of mother to another religion is not a ground to take away custody of child from her. Kerala High Court, Lekshmi v. Vasantha Kumari, AIR 2005 ker 249.

👉Writ petitions against private parties are not maintainable, supreme Court, state Bank of India v. K.C. Tharakan (2005) 8 SSC 428.


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