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Judgments and Orders

Begging Before Someone To Stand As Surety Comes At Cost Of Pride, Accused Shall Be Allowed To Furnish Cash Deposits For Getting Bail

 02 September 2020

In a well-balanced, well-reasoned, well-analysed and well-articulated judgment, the Himachal Pradesh High Court in Abhishek Kumar Singh vs. State of Himachal Pradesh in Cr.MP(M) No. 1017 of 2020 delivered on July 30, 2020 has made it absolutely cle..

Posted in Others |  1 comments |   873 hits

Sec 68 FERA - Liability For Offence Depends On Role One Plays In Company Affairs And Not On Mere Designation Or Status

 02 September 2020

In a remarkable, righteous and recent judgment titled “Shailendra Swarup vs The Deputy Director, Enforcement Directorate” in Criminal Appeal No. 2463 of 2014 delivered just recently on July 27, 2020, the Supreme Court Bench comprising of Justice Asho..

Posted in Others |   621 hits

Once Accused Makes A Plausible Defence Under Section 313 CrPC, Burden Is On The Prosecution To Negate It

 01 September 2020

In a recent, remarkable and righteous decision delivered on July 28, 2020, the Apex Court in Parminder Kaur @ P.P. Kaur @ Soni vs State of Punjab in Criminal Appeal No. 283 of 2011 has made it abundantly clear that once a plausible version has been p..

Posted in Others |   771 hits

Doctors Are Frontline Warriors Against Coronavirus

 01 September 2020

It is most heartening and most refreshing to learn that the Tripura High Court just recently on July 30, 2020 in a notable judgment titled Karnajit De vs. The State of Tripura in AB 87/2020 made no bones in making an important observation in simple ..

Posted in Others |   742 hits

Case Analysis of: M/S. Dhodha House v. S.K. Maingi

 01 September 2020

The Supreme Court dismissed the appeal and upheld the decision of the High Court that the civil court didn't have the territorial jurisdiction to try the said suit...

Posted in Others |   3014 hits

Victim Under SC/ST Act Includes Parents & Family Members Of Persons Suffering Injuries Of The Crime

 31 August 2020

In a recent, remarkable and righteous decision delivered just recently on July 21, 2020, the Kalaburagi Bench of the Karnataka High Court in Marenna @ Mareppa v. State in Crl. Petition No. 200315/2020 has very rightly held that a victim under the SC/..

Posted in Family Law |   934 hits

Considerable Unexplained Delay By Drug Authorities To Test A Sample Can Render Proceedings Under Drugs & Cosmetics Void

 31 August 2020

In a recent, remarkable and righteous decision titled Medipol Pharmaceutical India Pvt. Ltd. vs. Post Graduate Institute of Medical Education & Research in Civil Appeal No. 2903 of 2020 (arising out of SLP (C) No. 26349 of 2019) delivered on August 5..

Posted in Others |   771 hits

Pension A 'Property' U/Article 300 & A Fundamental Right To Livelihood U/Article 21

 31 August 2020

It is quite remarkable, most reassuring and so refreshing to note that the Nagpur Bench of Bombay High Court just recently on August 20, 2020 in a latest, landmark and laudable judgment titled Shri Naini Gopal Vs The Union of India and Ors. in Case..

Posted in Constitutional Law |   1279 hits

Not Open To Trial Courts Awarding Life Imprisonment To Further Specify Term Of Incarceration As Remainder Of Natural Life Or Rule Out Remission

 31 August 2020

It is quite refreshing and quite reassuring to see that in a recent, remarkable and righteous decision titled "Savitri vs. State of Haryana and others" in Case No. – CRWP-5238-2020 (O&M) delivered on August 19, 2020, a two Judge Bench of the Punjab a..

Posted in Others |   556 hits

No Interference With Government Conclusion That Use Of Social Media By Army Personnel Enables Enemies To Gain Edge: Delhi HC

 31 August 2020

While dismissing a petition challenging the ban on army officers using social media, the Delhi High Court in Lt Col PK Choudhary Vs Union of India & Ors. in W.P.(C) No. 4181/2020 delivered via video conferencing on August 5, 2020 has observed in no u..

Posted in Others |   801 hits

SC discussed a large number of cases, overruled some and clarified the issue of acquisition of title by adverse possession by the plaintiff in its judgment

 29 August 2020

The Supreme Court overruled some judgments which did not lay down the law correctly and held that plea of acquisition of title by adverse possession can be taken by plaintiff under Article 65 of the Limitation Act and there is no bar under the Limita..

Posted in Others |   2491 hits

The respondents were neither necessary or proper party in the suit for specific performance

 29 August 2020

The court held that there are two tests to be satisfied for determining the question of who is a necessary party. They are: 1. There must be a right to some relief against such party in respect of the controversies involved in the proceedings 2. No..

Posted in Others |   1670 hits

Where can a suit arising out of a contract be filed

 29 August 2020

The Supreme Court dismissed the appeal. The jurisdiction of other courts has not been excluded in the contract...

Posted in Others |   1126 hits

Hon'ble Chief Justice of India looked into the matter and gave the final judgement on the basis of merit of the case

 29 August 2020

The Three Judge Bench mentioned that the court has to take into consideration the outer limit for filing the counterclaim, which is pegged till the issues are framed. In such cases the Courts have the discretion to entertain filing of the counterclai..

Posted in Others |   1222 hits

Whether legal representatives of deceased party can be impleaded under Order 1 Rule 10 CPC when application under Order 22 Rule 4 was dismissed

 29 August 2020

The Supreme Court allowed the appeal and dismissed the impugned judgement of HC. There is no bar to file an application under Order 1 Rule 10 when application under Order 22 Rule 4 has been dismissed...

Posted in Others |   2578 hits

The time for filing the written statement by the appellant could not be extended

 29 August 2020

It was held by the court that the time for filing the written statement could not be extended as nothing prevented the appellant from filing the written statement through counsel or in person. He has, thus, failed to give any cogent reason for the de..

Posted in Others |   1678 hits

Whether the divorce decrees passed by foreign courts can be enforced under Section 13 of CPC by the courts in the country

 29 August 2020

Under Section 13 of CPC , a foreign judgment is not conclusive as to any matter thereby directly adjudicated upon between the parties if (a) it has not been pronounced by a court of competent jurisdiction; (b) it has not been given on the merits of t..

Posted in Others |   766 hits

Appeal of wrongful sales tax taken,under Sec 80 of CPC

 29 August 2020

· Appeals were granted in the favour of the appellants. · The tax was ex facie violative of art 301, and civil courts do not have the jurisdiction...

Posted in Others |   1094 hits

Competent Authority Calcutta, vs. David Mantosh and Ors. On 26 February, 2019

 29 August 2020

Supreme Court considered the view that the jurisdiction of the Civil Courts to try the civil Suits with respect to the lands, which were subjected to ceiling proceedings under the Act, are held to be impliedly barred, since the Act excludes the juris..

Posted in Others |   1185 hits

The civil court shall have jurisdiction to try all suits of a civil nature

 29 August 2020

The Supreme Court held that under Section 9 of the Code, the civil court shall have jurisdiction to try all suits of a civil nature and one has the right to bring a suit of civil nature of one’s choice however frivolous the claim may be, unless it is..

Posted in Civil Law |   3315 hits