Civil Procedure Code (CPC)

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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 |   301 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 |   266 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 |   98 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 |   271 hits

Pratap Technocrats (P) Ltd. Vs. Monitoring Committee Of Reliance Infratel Limited & Anr. 2021 - NCLT/NCLAT Has No Equity Jurisdiction And Are Duty-Bound To Abide By The Discipline Of Insolvency And Bankruptcy Code

 16 August 2021

In this case, the respondents are corporate debtors, and the appellants are operational creditors. The CIRP (Corporate Insolvency Resolution Process) of the corporate debtor was instituted on 7 May 2019 inviting claims from various creditors. Later, ..

Posted in Others |   441 hits

R Kalai Selvi Vs Bheemappa (2021): Condition Of Pre-Deposit Of Fine Amount Cannot Be Imposed To Hear Revision Petition U/S 397 CrPC Filed By The Convict

 16 August 2021

In this case, the Karnataka High court passed an order that the criminal revision petition shall not be entertained unless the fine amount is deposited by the appellant. Challenging the order, the appellant filed a petition before the Court. ..

Posted in Others |   382 hits

M/S BDR Developers Pvt. Ltd. Vs Narsingh Shah (2021): Delhi HC States That Applications To Amend Admissions Can Be Entertained Even After Judgement Is Reserved Under Order XII Rule 6

 14 August 2021

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Posted in Others |   498 hits

Sinnam Singh Vs The State Of MP And Ors (2021): Automatic Confirmation To Service Cannot Be Claimed As A Matter Of Right If No Notice Is Issued For The Extension Of The Probation Period After Such Period Has Expired

 14 August 2021

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Posted in Others |   310 hits

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 |   342 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 |   409 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 |   408 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 |   226 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 |   336 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 |   250 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 |   242 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 |   202 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 |   196 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 |   220 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 |   276 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 |   94 hits






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