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Others Judiciary

T. Nagappa vs. Y.R. Muralidhar (2008) - Need for Opinion of Handwriting Expert

 26 February 2021

The court set aside the impugned judgment and allowed for the appeal to be filed by the appellant.          ..

Posted in Others |   1768 hits

Dell India Pvt Ltd v. The Joint Commissioner of Income Tax (2015) - Reopening of Assessment due to 'Change of Opinion'

 26 February 2021

In summary, it can be said that in this particular judgment, the Karnataka High Court made it clear that an already concluded assessment could not be reopened merely because of the ‘change of opinion’ of the Assessment Officer. It was clear from the ..

Posted in Others |   908 hits

Royal Orchid Associated Hotels Private Ltd. v. Kesho Lal Goyal (2020) - Extent of Arbitration Clause & Revocability of Agency

 25 February 2021

The judgment, basically deals with two aspects of law, one being the extent of the arbitration clause and the other being the revocability of agency. The court emphasized on the extent of section 202 and 221 of Indian contract act, and also interpret..

Posted in Others |   1090 hits

Avadut Waman Kushe v. State of Maharashtra (2016) - Subsequent Filing of Certificate u/s 65B(4) IEA

 25 February 2021

This judgement deals with the interpretation of section 65B(4) which lays down provision for certificate when a statement in evidence is to be given. The question before the Court was whether it is necessary to file a certificate at the time of produ..

Posted in Others |   896 hits

Anand Pasi vs. State Of U.P. & Another (2013) - Admissibility of DNA Evidence

 25 February 2021

It was held that the impugned order is unsustainable. Hence, the revision is allowed and the order by the Allahabad High Court dated 13.3.2013 is set aside...

Posted in Others |   978 hits

Surinder Nath Kesar vs Board Of School Education & Ors (2020) - Claim for Pension for Earlier Service

 25 February 2021

The following judgement deals the appeal which was filed against the judgment dated 21.05.2015 of High Court of Punjab & Haryana by which LPA No.1747 of 2014 filed by the appellant has been dismissed. The LPA was filed by the appellant challenging th..

Posted in Others |   984 hits

SC on the 'larger conspiracy' behind allegations on ex- CJI Gogoi 2021

 25 February 2021

On 18th February, the Supreme Court closed the suo-moto proceedings which were instituted to examine if there was a "larger conspiracy" behind the allegations of sexual harassment against the then Chief Justice of India Ranjan Gogoi...

Posted in Others |   557 hits

P Gopalakrishnan v. State of Kerala (2020) - Evidence u/s 65B IEA

 24 February 2021

The Court held that no merit was found in the criminal M.C. and was thus dismissed, considering the fact and circumstances of the case...

Posted in Others |   2793 hits

State of Odisha v. BanaBihari Mohapatra (2021) - Strong Suspicion cannot Take Place of Proof

 24 February 2021

To answer the both questions asked in the beginning, suspicion, no matter how strong, can not constitute as proof, unless the circumstantial evidence passes the test of principles, as provided by the Shanta Devi v. State of Rajasthan case. That is se..

Posted in Others |   2070 hits

Maharashtra State Board of Higher & Secondary Education v. KS Gandhi &Ors. (1991) - Tampering of Answersheets

 23 February 2021

The current case speaks in regard with the prevention of wasting an academic year in lieu with tampering of answer sheets and mark statements of 200+ candidates appearing in the examinations of Maharashtra State Board of Higher and Secondary Educatio..

Posted in Others |   1951 hits

Motilal Pesticides v. Commissioner of Income Tax, Delhi (2000) - Deductions u/s 80HH, 80U and 80C IT Act, 1961

 23 February 2021

The following judgment deals with the provisions of Sec. 80HH of Income Tax Act, 1961, in addition to the provisions of Sec. 80C to 80U of the act, which deal with the deductions made from gross income a company earns from the assessment year...

Posted in Others |   609 hits

K.M. Mahima v. State and Ors (2003) - DNA Evidence in Sexual Assault Case

 23 February 2021

The court directed the SHO of the concerned police station or any other responsible police officer to accompany the complainant and present her before the Medical Superintendent, AIIMS to get her pregnancy terminated where Board of two medical practi..

Posted in Others |   548 hits

Kotak Mahindra Bank Pvt. Ltd. v. Ambuj A. Kasliwal & Ors (2021) - Extent of Pre-deposit Before DRAT

 22 February 2021

In the following judgement, the Supreme Court of India is dealing with section 21 of Recovery of Debt and Bankruptcy Act which deals with deposit of amount of due debt for filing appeal before DRAT. The question before the court was of the extent to ..

Posted in Others |   1647 hits

Kashmira Devi vs. State of Uttarakhand (2020) - Dying Declaration in Dowry Death

 22 February 2021

Kashmira Devi vs. State of Uttarakhand. Is a case of cruelty and dowry death. The essence of a dying declaration is also clarified via this judgement by the learned high court and supreme court. The decision of the trial court to acquit the appellant..

Posted in Others 2 comments |   2734 hits

State v. Ashish Kumar (2021) - Allegations u/s147/148/149/365/326/153-A/302/395/120-B IPC

 19 February 2021

The following order deals withSections147/148/149/365/326/153­A/302//395/120­B under IPC.Section147 deals with punishment for rioting...

Posted in Others |   869 hits

Laxmibai Chandargi v. State of Karnataka (2021) - Consent of Family/Community not Necessary for Marriage

 19 February 2021

​​​​​​​This judgement deals with the issue of inter marriages and the right to choice of marriage. Also, the judgement looks into the issue whether the consent of family and community necessary for marriage or not. It looks into Article 21 of the Con..

Posted in Others 1 comments |   3503 hits

Gajanan Babulal Bansode Ors. Vs. State of Maharashtra Ors (2021) - Recruitment of more than Advertised Number of Vacancies in MPSC

 18 February 2021

The arrangement of 636 extra applicants would have the impact of contorting the portion of 25% recommended by Rule 4, and abridge the future advancement chances of up-and-comers who had either fizzled in the LDCE-2016, or who were not qualified becau..

Posted in Others |   1103 hits

Nawal Kishore Sharma v. Union of India (2021) - Heart Ailment not a Disability under Disabilities Act

 18 February 2021

The present judgement ponders upon the scope of the expression 'injury' and 'disability' as stated in section 2(i) of the Disability Act and Rights of Persons with Disabilities Act, 2016. The question before the hon'ble court was whether injury inclu..

Posted in Others |   1384 hits

M.K. Chabbra v. Damanjit Kaur (2019) - Proof of Financial Capacity for Specific Performance

 18 February 2021

The Delhi High Court in this judgement agreed with the Trial Court in denying the relief of specific performance to the appellant. However, regarding the third issue, the court set aside the decision of the Trial Court that the suit is within limitat..

Posted in Others |   1019 hits

Abdul Wahid Abdul Gaffor Khatri Director & Others v. M/s. Safe Heights Developers Pvt. Ltd. & Others (2018) - Oppression & Mismanagement u/s 397 & 398 Companies Act

 18 February 2021

The following judgement deals with the Pvt. Ltd COMPANY APPEAL NO.22 OF 2013 explains the law on Sections 397 and 398 of the Companies Act which deal with oppression of the minority and mismanagement...

Posted in Others |   1174 hits