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Others Judiciary

Yeshpal Vs Sri Syam J Sam: Parties Must Be Provided With A Reasonable Time Limit To Fulfil Their Terms Of The Agreement As Per The Mediation

 24 August 2021

The Court held that mediation is an Alternative Disputes Resolution process provided under Section 89 of the Code of Civil Procedure. The parties must be provided with reasonable time to fulfil their duties as per the agreement made in the mediation ..

Posted in Others |   1002 hits

Re: In The Matter Of Matrimonial Vs State Of UP & Others: Benefit Cannot Be Deprived By Trying To Bring Mediation Between The Parties In An Offence U/S 498-A IPC

 24 August 2021

In the instant case, a pro bono litigation was being taken up to ensure that wherever allegations are not very grave, to save families and children and indeed the institution of marriage, an effort is to be first made for reconciling matrimonial disp..

Posted in Others |   836 hits

Hemraj Ratnakar Salian Vs HDFC Bank Ltd & Ors: In Absence Of Registered Instrument, The Tenant Shall Not Be Entitled To Possession Beyond The Prescribed Period Under The Provisions Of The Transfer Of Property Act

 24 August 2021

A tenant who continues to occupy a property even after the expiry of the lease is called ‘tenancy at sufferance.’ This judgement decided whether such a tenant is entitled to seek protection against the proceedings under the SARFAESI Act...

Posted in Others |   1448 hits

Applicants Vs Sole Respondent (2021): Merely Performing A Second Marriage Cannot Amount To Domestic Violence U/S 3 Of The Domestic Violence Act

 24 August 2021

The Sole Respondent had filed a petition against the Applicant No. 1 under the Domestic Violence Act. The contentions raised therein were reportedly a repetition of the allegations that were put forth in an earlier proceeding, which was already heard..

Posted in Others |   570 hits

Jose Luis Quintanilla Sacristan Vs The State Of UP: Forensic Science Laboratory Report Need Not Be Proved By Calling Its Director As It Is A Public Document

 24 August 2021

In the following case, while disposing of the appeal by Jose Luis Quintanilla Sacristan, the Allahabad High Court held that forensic science laboratory reports need not be proved by calling its Director. The Court clarified the application of Section..

Posted in Others |   572 hits

Granting Bail In Economic Offences Of Such Nature Would Be Against The Larger Interest Of Public And State As It Involves Criminal Misappropriation Of Public Money

 23 August 2021

The following case involves the discretion of the court in granting bail to a person accused of a serious economic offence involving criminal misappropriation of a large amount of public money...

Posted in Others |   1094 hits

Union Bank Of India Vs CG Ajay Babu (2018): Gratuity Payable To An Employee Cannot Be Forfeited Unless Criminal Court Finds Him Guilty Of Offence Of Moral Turpitude

 23 August 2021

This judgement very clearly established that an employer can forfeit the gratuity to the extent of financial loss caused to him due to misconduct by the employee...

Posted in Others |   2230 hits

Enforcement Directorate Vs The State Of Kerala (2021): Directorate Of Enforcement Is Certainly Entitled To Institute A Writ Petition In Its Name

 23 August 2021

In the following case, the power of the Enforcement Directorate (ED) to file and maintain a writ petition was called into question along with the power of the State Government to issue notifications outside their jurisdiction...

Posted in Others |   689 hits

Narayan Deorao Javle (Deceased) Vs Krishna (2021): Equity Of Redemption Is A Right Which Is Subsidiary To The Right Of Ownership

 20 August 2021

The Appellant was a purchaser of a mortgaged property, the redemption of which was foreclosed after the execution of the sale deed, due to the non payment of the mortgage amount by the mortgagors to the mortgagee. The Appellant alleged that he has th..

Posted in Others |   2699 hits

Perry Kansagra Vs Smriti Madan Kansgara: Statements Made By Parties During Mediation/Conciliation Cannot Be Relied Upon During Adjudication

 20 August 2021

In the present case, the matter was before the court was for the custody of the child. Therefore, the court had appointed a mediator to discharge its duties w.r.t. the parens patriae jurisdiction but the respondent had challenged the same on the grou..

Posted in Others |   4923 hits

Neelima Srivastava Vs The State Of UP And Ors (2021): Mere Overruling Of Principles By A Subsequent Judgement Will Not Dilute Binding Effect Of Decision On Inter-Parties

 20 August 2021

The Supreme Court analysed its decision in the Uma Devi case and found that as per the decision given in that case, while deciding that if the initial appointment was not in consonance with the rules, it would be deemed illegal...

Posted in Others |   1240 hits

SC Bars Withdrawal Of Criminal Prosecution Against MPs/MLAs Without Permission Of High Court

 20 August 2021

In one of the best decision ever made by the Apex Court at least to the best of my knowledge in my lifetime, it is most righteous, most rational, most reassuring, most remarkable and most refreshing to learn that the Supreme Court has in a learned, l..

Posted in Others |   1672 hits

Lachhmi Narain Singh (D) Through LRs & Ors Vs Sarjug Singh (Dead) Through LRs & Ors: Genuineness Of Property Transaction Cannot Be Doubted Merely Because Thumb Impression Was Affixed Instead Of Signature

 19 August 2021

In a probate case, the validity of a cancellation deed was challenged. The Supreme Court, in this case, observed that merely because a thumbprint is annexed instead of a signature, the genuineness of the property transaction cannot be doubted...

Posted in Others |   810 hits

Suman Chadha Vs Central Bank Of India: Wilful Breach Of Undertaking Given To Court Is Contempt

 19 August 2021

In this case, the petitioners have availed loan/credit facilities from the respondent bank with respect to the immovable properties as security. Due to the non-repayment loan, the respondent bank filed a notice under the SARFAESI Act. The High Court ..

Posted in Others |   1629 hits

Oriental Insurance Company Ltd Vs Kahlon (2021): Claim for personal Injuries may abate With The Claimant’s Death, But The Legal Heirs Are Entitled To Claim For Loss Of Estate

 18 August 2021

The case has arisen out of an accident that had occurred in 1999. The Claims Tribunal had awarded just Rs. 1 Lakh, whereas the High Court increased the same to Rs. 37, 81, 234/- by applying the multiplier of 11. The appeal petition was filed by the O..

Posted in Others |   1522 hits

Krishna Gopal Tiwary And Anr Vs UOI And Ors: Payment Of Gratuity Act - No Retrospective Effect For 2010 Amendment Enhancing Gratuity Upper Limit As Rs 10 Lakhs

 18 August 2021

The appellants/ employees of Coal India Limited challenged the order of Jharkhand HC and claimed tax exemption under Section 10 of Income Tax Act arguing that amendment 2010 to Payment of gratuity Act should have a retrospective effect but the same w..

Posted in Others |   711 hits

Union Of India Vs Onkar Nath Dhar: Right To Shelter Does Not Mean Right To Government Accommodation

 18 August 2021

The decision of the Punjab and Harayana High Court has been challenged in the present matter. While setting aside the order, the Apex Court said that right to shelter does not mean the right to government accommodation...

Posted in Others |   1404 hits

M M Aqua Technologies Ltd Vs Commissioner Of Income Tax, Delhi-III: Referring To The Retrospectivity Of Explanation 3C Under Section 43B Of The Income Tax Act, 1961, The SC Held That A Clarification Provision In Tax Laws Cannot Impose A New Condition Retrospectively

 18 August 2021

The appellant company had challenged the order of the High Court that had errored in interpreting the facts of the case and applicability of Explanation 3C and Section 43B of the Income Tax Act, 1961, and the impugned judgement of the HC was set asid..

Posted in Others |   1017 hits

AB Bhaskara Rao Vs Inspector of Police, CBI: The SC, Under Article 142, Cannot Pass An Order Or Grant Relief Which Is Inconsistent Or Goes Against The Substantive Or Statutory Enactments

 18 August 2021

The following case involves a bribery charge on a public servant and his plea for reduction of sentence to the Supreme Court under Article 142 of the Indian Constitution...

Posted in Others |   804 hits

Anand Kumar Tiwari & Ors Vs High Court Of Madhya Pradesh & Ors (2021): Madhya Pradesh Higher Judicial Services Rules Of 2017 Is Not Retrospective In Operation

 17 August 2021

The petitioners were directly recruited judges, who had challenged the seniority list prepared on the basis of the Madhya Pradesh Civil Services (General Condition of Service) Rules, 1961. They stated that the same has been overridden with the coming..

Posted in Others |   934 hits