Is FASQUE Legally Valid in India? Court Analysis

The third related principle is stated by Coke in the words ubi quid generaliter conceditur inest haec exceptio si non aliquid sit contra jus fasque (where a grant is in general terms there is always an implied provision that it shall not include anything which is unlawful or immoral)". ... The said registration is, and has been at all times, valid and subsisting. The application for registration was made on 9 May 2001. The said registration was gazetted on 22 April 2004. The Certificate of Registration was issued on 20 August 2004. ... It....

The principles that apply to private sales are not applicable to sales, by the Fiscal. A private conveyance in favour of a dead person is invalid, but a Fiscal's conveyance is valid. ... 4) The fact that section 286 of the Civil Procedure Code does not empower a sale to the legal representative is not a good argument. The section says that the deed shall be delivered to the purchaser; how could it be delivered if he be dead ? ... But that is not the case here, and there is nothing in the Civil Proc....

2024 0 Supreme(Guj) 2094

valid ground for them to issue detention order and initiation of the forfeiture proceedings under the SAFEMA. ... In that view of the matter, it was submitted that, at relevant time, when proceedings were initiated, the valid detention order was in existence and subsequent revocation of it, would not bar for initiation of further proceedings. That, Smt. ... was no link or nexus for the properties sought to be forfeited and illegally acquired property by the detenue and therefore, the notice itself is not legal or #HL_STA....

Until the deed be set aside by a Court on the ground of fraud, the deed is valid and confers title on the appellant. Bawa, K.C., for the plaintiff, respondent.-Even if the deed was intended to be acted on, the appellant cannot succeed. ... The learned District Judge has come to the conclusion that this deed was not intended to be acted on, and therefore conveyed no title to the appellant. It was not seriously contended by Mr. ... The decision in that case proceeds on the assumption that if the Fiscal's conveyance was obtained before t....

2025 Supreme(US)(ca2) 65

question of whether the Andros Order is valid federal law, 12 and (2) the District Court did not rely on or, from ... 12The Nation’s expert Dr. ... Plaintiffs claim that this Order is a valid treaty binding on the United States because the adoption of Article VI of the United States Constitution renders it enforceable. ... The Andros Order is not federal law. ... The Nation and Wallace contend that the Andros Order is a valid and enforceable federal treaty preempting the DEC’s fishing regulations as ap....

2025 Supreme(SRI)(CA) 493

Under the Muslim Law, a husband who habitually makes false allegations of adultery against his wife is guilty of cruelty and that such cruelty is a valid ground for divorce. ... The learned Quazi has not granted Fasah divorce upon the inadvertent proceedings before the District Court stating that parties have divorced. ... It appears to this court that even though the petitioner was given notice to be presented before the Quazi, the petitioner had not complied with the said notice. ... It is born out from the proceedings of the learned Qu....

The reference to the survivor's single will does not, in my opinion, imply that, if he acted with the advice or concurrence of an executor or an heir, his alienation of the property would be valid. ... :-Did the joint will of Adirian Fonseka and Christina create a valid fidei commissum in favour of the plaintiffs ? The learned District Judge answered this question in the negative, and thereupon considered it unnecessary to deal with any other issue. ... It does not appoint him heir of the precedent testator, and do....

2025 Supreme(US)(ca5) 133

Sauceda contends that qualified immunity should not apply because “[t]he law was clearly established . . . that entry of the curtilage . . . to conduct a warrantless arrest without a valid exception was a violation.” ... This is not enough to satisfy his burden. ... The district court determined that it was not and granted summary judgment to Lopez. ... Sauceda argues in this appeal that the district court erred because it was clearly established in 2015 that an officer violates the Constitution by entering the curtilage....

(Lawrie, A.C.J., dissentiente), that it was competent to the Fiscal to pass a conveyance to the purchaser in 1893, and that such conveyance was valid. Such purchaser not being execution-creditor, an express order of court to convey is not necessary. ... (2) If valid, what is the effect of its registration? (3) If the conveyance be void, does the plaintiff's possession enure to his benefit? ... C, Negombo, plaintiff, not as execution-creditor, but as an outsider, bought the lessor'....

After trial, the learned District Judge held that the permit issued to the defendant was not a valid permit as it has not been extended after 31st December 1983 and that the defendant is not entitled to a declaration of title based on it. ... The Trial Judge held that the permit to the Defendant is not a valid permit - as it has not been extended after 31.12.1983 - and after holding that, a declaration of title cannot be obtained to a land received from the ....

2008 0 Supreme(P&H) 696

However, in the present case, the question is of jurisdiction to decide without leave of the company Court. It is not the question of validity of the order of resumption on its merits. It may be valid or its validity on any other ground can definitely be questioned in appeal or revision.

2006 0 Supreme(Del) 1380

The Agreement between the parties is valid or not is valid. "

2001 0 Supreme(Guj) 14

Under the circumstances, this would not confer any cause of action upon the landlord to file the suit for eviction. In my opinion, it is invalid because it does not terminate the tenancy of the tenant. It is also invalid because the said notice does not specify the outer limit of compliance with the demand, and in fact no period is prescribed at all for compliance, and therefore, the landlord could not complain in the suit thai the demand made by him has not been met. However, even if it is considered not to be invalid on this ground, there are other infirmities which cannot make i....

1999 0 Supreme(Mad) 919

It is not valid and it is not supported by consideration. There was no necessity for the 4th defendant to borrow any amount from the plaintiff.

1995 0 Supreme(Mad) 659

Because the names suggested by the Corporation are all employees and subordinates to the General Manager of the Corporation, no bias can reasonably be apprehended and made a ground for appointment of a third party Arbitrator. In our opinion, this cannot at all be good or valid legal ground. Unless there is allegation against the named Arbitrator either against his honesty, capacity or mala fide or interest in the subject matter or reasonable apprehension of bias, a named and agreed Arbitrator cannot and should not be removed in exercise of the discretion vested in the Court....