Australia) has laid down certain
indicators to determine the meaning of “de facto relationship”, which are
as follows:
“13A . De facto relationship and de facto ... references to
(1) A reference in a written law to a de facto relationship
shall be construed as a reference to a relationship (other than
binding as if they were the acts of officers de
jure [478 H]
The de facto doctrine is founded on good sense, sound
policy ... judgments pronounced and acts done by a Judge de
485
jure. Such is the de facto doctrine, born of necessity and
public policy to prevent
Union Of India vs Alok Kumar on 16 April, 2010
Equivalent citations: AIR 2010 SUPREME
complainant is an incorporeal body, there is a
complainant -- de jure, and a complainant -- de facto. Clause (a) of the
proviso to section 200 provides ... corporate it is the de jure complainant, and it must necessarily associate a
human being as de facto complainant to represent the former in court
Respondent no. 1 (hereinafter
Signature Not Verified
referred to as “de facto complainant”) lodged complaint against
Digitally signed by
ASHWANI KUMAR
Date ... rowdy elements armed with deadly weapons entered the
premises of the de facto complainant and threatened his staff.
They started damaging all the valuables like
sweat shirts" for
export.
10. As far as the De facto complainant is
concerned, the de facto complainant was not
approached ... Development or Manhattan Ltd. TMS
Fashions Pvt. Ltd. alone contacted the de facto
complainant and persuaded them to manufacture
the specified goods for export
ownership is de jure recognition of a claim to
certain property. Possession is the objective realisation of
ownership. It is the de facto exercise ... exercise
and enjoyment as opposed to the de jure relation of
ownership. Possession is the de facto exercise of a claim to
certain property
judgments pronounced and acts done by a judge de
jure. Such is the de facto doctrine, born of necessity
and public policy to prevent needless ... same efficacy and acts done
by an officer de jure. The defective appointment of a de
facto officer may be questioned directly in a proceeding
been determined. Such an
apprehension is misplaced in view of "de facto doctrine"
born out of necessity as acknowledged and approved by
various ... State of Andhra Pradesh [1981 (3)
SCC 132] applying the de facto doctrine in a case where the
appointment of a judge was found
published in official gazette--Whether could be
superseded by administrative instruction--De facto
doctrine--Applicability of to orders passed by person hold-
ing office under ... judgments pronounced and acts done
by a Judge de jure. Such is the de facto
doctrine, born of necessity and public policy
to prevent needless
