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1 - 10 of 121 (8.39 seconds)Article 58 in Constitution of India [Constitution]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Article 65 in Constitution of India [Constitution]
The Limitation Act, 1963
Article 141 in Constitution of India [Constitution]
Section 34 in The Specific Relief Act, 1963 [Entire Act]
Union Of India & Ors vs Dhanwanti Devi & Ors on 21 August, 1996
"92. It is well known that a decision is an authority for what it
decides and not what can logically be deduced therefrom.
(See Union of India v. Dhanwanti Devi, (1996) 6 SCC 44.
C. Natrajan vs Ashim Bai & Anr on 11 October, 2007
E. C. Natrajan Vs. Ashim Bai (2007) 14 SCC 183 where it
was held that if the suit has been filed for possession as a
consequence of declaration of the plaintiff's title, Article 58
will have no limitation;
State Of Haryana vs Ranbir Alias Rana on 5 April, 2006
In State of Haryana v. Ranbir,87 a Division Bench of the Apex Court
was confronted with an observation made in Namdi Francis Nwazor v.
Union of India and Anr.88 as to whether incriminating material found
in a bag being carried amounted to a „search‟ mandating compliance of
S.50 of the Narcotic Drugs and Psychotropic Substances Act. In
Namdi Francis Nwazor88 it was observed that "if that person is
carrying a handbag or the like and the incriminating article is found
therefrom, it would still be a search of the person of the accused
requiring compliance with Section 50 of the Act."89 The Division
Bench in Ranbir87 held the same to be an orbitur as the facts before the
86
(2001) 6 A LD 747: (2001) 6 A LT 539, paragraphs 37 - 43
87
(2006) 5 SCC 167
88
(1998) 8 SCC 534
89
Id., parag raph 3
CS (OS) 3195/2012 Page 63 of 95
Court in Namdi Francis Nwazor88 did not warrant such observations as
the bag in question therein was not being carried but had already been
checked in and the accused was later called back for the search
(paragraph 11). The Division Bench went on to hold it was not
necessary for the Bench in Namdi Francis Nwazor88 to make any
further observation and therefore, the view being unnecessary was a
mere orbitur.