Search results
The doctrine that if a law or contract violates any norm of the constitution, that law or contract, whether promulgated by the legislative or by the exec. branch or entered into by private persons for private purposes, is null and void and without any force and effect.
- Alvin Claridades
It simply means that a principle underlying the decision in one case will be deemed of imperative authority, controlling the decisions of like cases in the same court and in lower courts within the same jurisdiction, unless and until the decision in question is reversed or overruled by a court of competent authority. A single decision does not ...
- Facts and Appeal
- Analysis and Observations
- Decision
In July 1984, the appellant was appointed as Assistant Music Teacher in Government Inter College, Mahmoodabad, Sitapur, on a leave vacancy as the regular incumbent went on leave without pay. It so happened that the incumbent employee never returned and the appellant continued in service till 2021, albeit by virtue of the order of Single Judge of Al...
The Supreme Court noted that the High Court relied on the decision in State of Karnataka v. Umadevi (3), (2006) 4 SCC 1 where a Constitution Bench held that a temporary, contractual, casual or a daily-wage employee does not have a legal right to be made permanent unless the appointment has been made in accordance with the terms of the relevant serv...
In such view of the matter, the Supreme Court held that the impugned judgment passed by the Division Bench of the Allahabad High Court was not sustainable and was, therefore, set aside. The appellant was held entitled to be regularised with all consequential benefits. [Neelima Srivastava v. State of U.P., 2021 SCC OnLine SC 610, decided on 17-8-202...
R.A. 9262 is a landmark legislation that defines and criminalizes acts of violence against women and their children (VAWC) perpetrated by women's intimate partners, i.e, husband; former husband; or any person who has or had a sexual or dating relationship, or with whom the woman has a common child. 5 The law provides for protection orders from ...
Aug 19, 2015 · Section 1. Evidence defined. - Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (1) Section 2. Scope. - The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules. (2) Section 3.
This document lists and briefly defines 230 Philippine legal doctrines compiled by Prof. Alvin T. Claridades. The excerpt provided here discusses 11 doctrines, including: the doctrine of adoptive admission, agency by estoppel, alter ego, ancillary jurisdiction, anticipatory breach, apparent authority, assumption of risk, attractive nuisance ...
People also ask
What is a ruling in law?
What are the rules of court in Republic v Tuvera?
Is petitioner Ayala barred from enforcing a deed of restrictions?
What if the Punong Barangay is unavailable to issue a BPO?
DECISION. GESMUNDO, J.: "For there is but one essential justice which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions. Whoever neglects this law, whether written or unwritten, is necessarily unjust and wicked." — Marcus Tullius Cicero.
