Civil Procedure Code (CPC)

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Ebix singapore private limited vs committee of creditors of edu comp solutions limited: NCLT/NCLAT Should Strictly Adhere To IBC Timelines; Delays Cause Commercial Uncertainty, Says SC

 18 September 2021

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Posted in Others |   70 hits

Sivasankaran Vs Santhimeenal: Courts Can Grant Divorce By Exercising Its Unique Jurisdiction Under Article 142 Of The Constitution

 18 September 2021

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Posted in Others |   86 hits

State Of Rajasthan And Others Vs Basant Nahata: It Is Only The Ancillary And Procedural Powers Which Can Be Delegated And Not The Essential Legislative Functions

 16 September 2021

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Posted in Others |   242 hits

Inter Ads Exhibition Private Limited Vs Busworld International Cooperative: An Injunction U/S 9 Of The Arbitration Act Could Not Be Granted To Revive Or Restore A Contract Which Is Specifically Determinable

 16 September 2021

In this case, the High Court reiterated that relief under Section 9 of the Arbitration and Conciliation Act, cannot be granted to reverse the termination by one party in contracts that are specifically determinable in nature...

Posted in Others |   253 hits

Ratan Babulal Lath Vs State Of Karnataka: Bank Account Of A Person Accused Of Prevention Of Corruption Act Cannot Be Attached U/S 102 CrPC

 16 September 2021

In this case, the appellant had filed an application before the SC against the impugned order wherein the SC held that the PC Act cannot be attached under Section 102 Cr.PC. ..

Posted in Others |   122 hits

Delhi Airport Metro Express Pvt Ltd Vs Delhi Metro Rail Corporation: An Arbitration Award Can Be Set Aside Only When The Contravention Of A Statue Is Linked To Public Policy Or Public Interest

 15 September 2021

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Posted in Others |   257 hits

Sadique Vs State Of Madhya Pradesh: Magistrates Cannot Extend Time To Complete Investigation In UAPA Cases, Says SC

 14 September 2021

This judgement analyses the Magistrate’s jurisdiction to extend the time of investigation. It scrutinises the first proviso in Section 43-D (2) (b) in the Unlawful Activities Prevention Act, 1967. ..

Posted in Others |   255 hits

Madhava Ramachandra Kamath Vs The Canara Banking Corporation(1940): Expulsion Of Member By Alteration In Articles Of Association Is Not Tenable

 14 September 2021

This case dealt with alteration of articles and when restrictions can be imposed on the company for alteration of articles. The Companies Act,2013 permits alteration of articles of the company subject to provisions in the Memorandum of Association. T..

Posted in Others |   174 hits

Common Cause (A Registered Society) Vs Union Of India &Ors: Government Has The Power To Appoint A Person As Director Of Enforcement For A Period Of More Than Two Years

 14 September 2021

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Posted in Others |   173 hits

The State Of Madhya Pradesh & Ors Vs Pujari Utthan Avam Kalyan Samiti & Anr: The Pujari Is Only To Perform Puja And To Maintain The Properties Of The Deity And Cannot Be The Owner Of The Land Attached To Temple

 14 September 2021

The Pujari is only a grantee to manage the property of the deity and such grant can be reassumed if the Pujari fails to do the task assigned to him, i.e., to offer prayers and manage the land. He cannot be thus treated as a Bhoomiswami...

Posted in Others |   232 hits

Smt. Manu R Vs Smt. Lalitha: Presumption in Favour of One Party Needs to be Contradicted by the Other Party

 14 September 2021

The petitioner and the complainant were relatives and the petitioner had collected money from the complainant for securing a site for her, which she failed to do and the case arose when she failed to pay the amount given to her. The Court analysed th..

Posted in Others |   174 hits

State Of Madhya Pradesh Vs Akhilesh Jha: Delay In Conducting Disciplinary Enquiry Does Not Ipso Facto Vitiate It, Says SC

 13 September 2021

The Supreme Court in the instant case explained that delay in conducting an inquiry does not vitiate it or make it void. It must be shown that prejudice has been caused on the basis of all the circumstances of the case. ..

Posted in Others |   317 hits

Sau. Sangeeta W/O Sunil Shinde Vs The State Of Maharashtra And Ors: One Person In Minority Should Not Thrust Himself/Herself Upon Theother Members Who Are In Absolute Majority

 13 September 2021

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Posted in Others |   126 hits

Kotla Venkataswamy Vs Chinta Ramamurthy (1934):Absence Of Constructive Notice Of MOA And AOA Cannot Be An Excuse To Claim Relief For Outsiders

 13 September 2021

This judgement dealt with the Doctrine of Constructive Notice. As per this doctrine, every person dealing with the company is deemed to have read the MOA and AOA and understood them in their true perspective. ..

Posted in Others |   148 hits

K N Nagaragappavs H Narasimha Reddy: There Is No Prohibition On Entertaining A Second Appeal Even On Aquestion Of Fact, Provided The Court Is Satisfied That The Lower Court Vitiated Facts By Non-Consideration Of Evidence Or By Showing An Erroneous Approach To The Matter

 13 September 2021

According to the Supreme Court of India, the High Court is empowered to exercise limited factual review under 103 of the Civil Procedure Code. Under Section 100, the jurisdiction of the High Court is based upon the framing of substantial question of ..

Posted in Others |   128 hits

Northern Western Railway & Anr Vs Sanjay Shukla: Railways Liable To Pay Compensation For Late Arrival Of Trains If Delay Is Not Explained Or Justifiable, Says SC

 10 September 2021

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Posted in Others |   213 hits

Sir Dinshaw Maneckjee Petit Case [AIR 1927 Bombay 711]: Doctrine Of Lifting Of Corporate Veil Established

 10 September 2021

This case dealt with the lifting of corporate veil. As per the Companies Act, 2013, a company on incorporation, becomes a separate legal entity distinct from its members and acquires the status of an artificial person clothed with certain rights and ..

Posted in Others 1 comments |   363 hits

Lee Vs Lee Air Farming Limited (1960): Concept Of Separate Legal Entity Established

 10 September 2021

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Posted in Others |   222 hits

Hindustan Construction Company Ltd. Vs Union Of India: Section 87 of the Arbitration and Conciliation Act, 1996 Was Struck Down

 09 September 2021

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Posted in Others |   246 hits

Dr. Harish Kumar Khurana Vs Joginder Singh: Medical Professionals Cannot Be Held Negligent Merely Because The Treatment Is Not Successful Or Patient Dies During Surgery, Says SC

 09 September 2021

This judgment elucidates what acts by medical professionals constitute as medical negligence and what do not. To prove medical negligence, the material should be available on record or else some other appropriate medical evidence must be tendered...

Posted in Others |   185 hits






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