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Others Judiciary

Surinder Singh Deswal @ Col S S & Ors Vs Virender Gandhi (2020): Section 148 Of The Negotiable Instruments Act Has A Retrospective Effect

 14 August 2021

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Posted in Others |   3149 hits

Prabhat Kumar Singh Vs State Of Bihar (2021): Mens Rea As Intent Not Required In Medical Negligence

 14 August 2021

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Posted in Others |   3552 hits

Dena Bank Vs C Shivkumar Reddy (2021): No Bar Permitting Amendment Of Pleading In Application U/S 7 Of IBC

 14 August 2021

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Posted in Others |   2147 hits

Parvez & Ors Vs State Of UP (2021): Cow Slaughter In Secrecy Is Not A Matter Involving Public Order To Attract The NSA

 14 August 2021

The petitioners were arrested for allegedly cutting beef in their house for selling purpose. They were ordered to be detained after the Respondents had submitted that their release would disturb public peace and order. The instant petition had challe..

Posted in Others |   1282 hits

Babulal Verma S/O Mulchand Varma Vs Enforcement Directorate (2021): Investigation Under PMLA Shall Not Cease To Exist If The Scheduled Offence Is Compounded By The Complainant

 14 August 2021

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Posted in Others |   3226 hits

Saurav Jain & Anr Vs ABP Design & Anr (2021): It Is Not Essential That A Challenge To The Adverse Findings Of The Lower Court Needs To Be Made In The Form Of A Memorandum Of Cross-Objection

 14 August 2021

The following case is a property dispute in which the jurisdiction of the Trial Court was called into question. It also answered various questions as to the requirement of making a cross objection, while challenging the adverse findings of the Trial ..

Posted in Others |   2430 hits

Mr Sunderam Shetty Vs State Of Karnataka: Karnataka HC Quashes BBMP Bylaws Levying Fees On Developers As Ultra Vires Municipal Corporations Act

 14 August 2021

Several petitions were filed before the Karnataka High Court challenging the Ground Rent, Licence Fee, Building Licence Fee, Scrutiny Fee, Security Deposit imposed by BBMP on various constructions and the same were quashed by the High Court on the gr..

Posted in Others |   1903 hits

Expected From Trial Court Judges To Be Patient & Tolerant Towards Lawyers During Examination Of Witnesses: MP HC

 14 August 2021

It goes without saying that all the Trial Court Judges in India must certainly pay heed to what the Indore Bench of Madhya Pradesh High Court has most rightly, reasonably, remarkably and recently on July 30, 2021 held in a latest, learned, laudable a..

Posted in Others |   1367 hits

Brajesh Singh Vs Sunil Arora & Ors (2021): SC Imposes Fine On Eight Political Parties For Non-Compliance Of Its Directions

 13 August 2021

The petition was filed against the ECI and political parties, alleging that they have failed to consider the Supreme Court’s order dated 13. 02. 2020, during the 2020 Bihar Elections. In this case, the Top Court prescribed a detailed guidelines on th..

Posted in Others |   3037 hits

Telangana State Waqf Board Vs Mohamed Muzafar (2021): Suit For Eviction Maintainable Before Waqf Tribunal, If Tenant Disputes That The Property Is Not A Waqf

 13 August 2021

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Posted in Others |   1021 hits

Naivedya Associates Vs Kriti Nutrients Ltd (2021): Not Much Scope For Considering Territorial Jurisdiction Issue In A Transfer Petition U/S 25 Of CPC

 13 August 2021

In the present case, the petitioner, who is a defendant in the suit instituted in the Court of the District Judge, Shahdara, Karkardooma Court, New Delhi, has alleged infringement of the trademark and copyright...

Posted in Others |   978 hits

District Development Officer Vs Satish Kantilal Amrelia (2017): When Termination Of A Workman Is Illegal, Reinstatement With Full Back Pay Is Not To Be Granted Mechanically In All The Cases

 13 August 2021

The following judgement puts an end to the debate regarding reinstatement of workmen if they are found to be terminated illegally from their services. Also, the relief and compensation that is to be granted to them...

Posted in Others |   689 hits

North Delhi Municipal Corporation Vs Dr Ram Naresh Sharma & Ors (2021): State Cannot Plead Financial Burden To Deny Salary To Legally Serving Doctors

 12 August 2021

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Posted in Others |   1300 hits

M/S Padia Timber Company (P) Ltd Vs The Board Of Trustees Of Vishakhapatnam Port: Whether The Acceptor Puts In A New Condition While Accepting The Contract Already Signed By The Proposer, The Contract Is Not Complete Until The Proposer Accepts That Condition Which Is Usually Overlooked U/S 7 Of The Indian Contract Act, 1872

 12 August 2021

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Posted in Others |   3324 hits

State Of Haryana & Anr Vs Ami Ranjan & Anr (2021): Registration Of Marriages Under The Special Marriage Act Can Be Made Through Video Conferencing

 12 August 2021

The Respondents, a married couple, wanted to obtain their marriage certificate under the Special Marriage Act, 1954. Due to the ongoing pandemic and lockdown imposition, they requested the process of their marriage registration to be conducted throug..

Posted in Others |   1445 hits

New India Assurance Co. Ltd. Vs Urmila Shukla (2021): If Statutory Provisions Afford A Favourable Treatment, The Prescription Stated In Pranay Sethi Cannot Be Taken As Maxima

 11 August 2021

The appeal was preferred, challenging the Allahabad High Court’s order dated 24th April 2018 that dismissed the first appeal by the Appellant against the Trial Court’s order dated 17th January 2018. The Trial Court, while awarding the compensation am..

Posted in Others |   1676 hits

Amazon.com NV Investment Holdings LLC Vs Future Retail Limited & Ors.: Order U/S 17(2) Enforcing Emergency Arbitrator's Award Is Not Appealable U/S 37

 11 August 2021

Amazon.com NV Investment Holdings LLC's filed an appeal which was disposed of by a Division Bench of Justice RF Nariman and Justice BR Gavai. The Court held that an order under Section 17(2) of the Arbitration and Conciliation Act for enforcing Emerg..

Posted in Others |   2331 hits

N S Nandiesha Reddy Vs Kavitha Mahesh (2021): Contradictory Statements Made By A Witness Not Sufficient To Prosecute Him For Perjury U/S 193 IPC

 11 August 2021

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Posted in Others |   873 hits

Medima LLC Vs Balasore Alloys Ltd: Foreign Law To Govern An Arbitration Would Not In Itself Exclude The Application Of Section 9 Of The Arbitration And Conciliation Act, 1996

 11 August 2021

The question raised before the court was whether the ‘Governing Law’ clause contained in the agreement, for referring the disputes between the petitioner and the respondent to arbitration before the ICC, excludes the operation of Section 9 of the Arb..

Posted in Others |   686 hits

Shubas Jain Vs Rajeshwari Shivam: The HC Under Article 226 Does Not Adjudicate Hotly Disputed Questions Of Facts

 11 August 2021

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Posted in Others |   872 hits