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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Judgments and Orders

Transfer of criminal case from Bombay to Delhi

 27 August 2020

The court observed that normally the complainant has the right to choose any court having jurisdiction and the accused cannot dictate where the case against him should be tried...

Posted in Criminal Law |   1193 hits

Whether the Division Bench of the High Court was justified in allowing the appeal filed by the Plaintiffs and decreeing the suit

 26 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 |   872 hits

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

 26 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 th..

Posted in Others |   3395 hits

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

 26 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 i..

Posted in Civil Law |   1310 hits

SC is empowered at any stage to transfer any suit, appeal or other proceeding if it is satisfied that such an Order is expedient for the ends of justice

 26 August 2020

The Supreme Court is empowered at any stage to transfer any suit, appeal or other proceeding from  a High Court or other Civil Court in one State to a High Court  or other Civil Court of another State if it is satisfied that such an Order is expedien..

Posted in Others |   1023 hits

Whether the bar to proceed with trial against a subsequently suit under Section 10 of CPC applicable to a summary suit under Order 37 of CPC

 22 August 2020

The Supreme Court allowed the appeal. The impugned judgement of the division bench of HC was set aside and the order of the single learned Judge was restored. It was held that the objective of the prohibition in Section 10 is to prevent the courts fr..

Posted in Others |   1573 hits

Whether a written statement can be filed after 120 days by the Defendant in a commercial suit

 22 August 2020

The Supreme Court allowed the appeal. The impugned orders were set aside and the statements filed by the defendant were taken off record. It was held that the time period of 120 days is mandatory in nature subsequent to the amendment in Order VIII Ru..

Posted in Others |   869 hits

Mt. Ananti v. Chhannu and Ors. AIR 1930 All 193

 22 August 2020

As far as the first concerned was raised that whether the case should be tried by the civil court or the revenue court, the Bench took the reference of Section 230, Agra Tenancy Act of 1926, which states that all suits which fall within the purview o..

Posted in Others |   1409 hits

Khanchand Pokardas vs. Harumal D. Varma on 20 March, 1964

 22 August 2020

The Bombay High Court contended that the mere fact that the summons in the criminal case was served upon the plaintiff at a particular place would not confer jurisdiction upon the Court of the place where such service was affected. In this view of th..

Posted in Others |   729 hits

How can notices be served in commercial cases to avoid any delays

 22 August 2020

The Supreme Court allowed the appeal. It was observed that the delay in process of serving notices has resulted into arrears in courts. Therefore, it was ordered that notices can be served by e-mail. This facility was provided in commercial cases and..

Posted in Others |   715 hits

While exercising jurisdiction under s. 115 of the code, the High Court is not competent to correct errors of facts, unless the said errors have a relation to the jurisdiction of the court

 21 August 2020

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Posted in Others |   928 hits

MBA Degree Not Equivalent To PG Degree/Diploma In Human Resource Management Or Industrial Relations & Labour Legislation

 21 August 2020

Just recently, a three Judge Bench of the Supreme Court in North Delhi Municipal Corporation Vs Kavinder and Others in Civil Appeal No. 232 of 2020 delivered on July 21, 2020 has observed that Master of Business Administration (MBA) degree is not eq..

Posted in Others |   814 hits

Major S. S. Khanna vs. Brig. F.J. Dillon, 1964 AIR 497, 1964 SCR (4) 409

 21 August 2020

High Court dismissed the appeal of the applicant stating that the decision given by the trial court that the suits were not maintainable and yet keeping them pending was itself an exercise of jurisdiction with a material irregularity...

Posted in Others |   4617 hits

Since the written statement was not filed, the Court decreed the suit for specific performance under Order 8 Rule 10 C.P.C

 20 August 2020

Mr. Rakesh Dwivedi, Sr. Advocate, appearing on behalf of the appellants has contended that having regard to the circumstances of the case, the High Court was not justified in passing the decree against the appellants...

Posted in Others |   1198 hits

Serving of notice of summons is necessary and no order that affects the rights of a party should be heard without providing them with an opportunity to represent the case

 20 August 2020

The court held that summons have to be issued to the petitioner on whose petition the order for winding up was made. It is implicit that if the directions which have to be given by the court would affect any person prejudicially hemust be served with..

Posted in Others |   1117 hits

Limitation for filing an application for execution of a foreign decree of a reciprocating country in India

 19 August 2020

The appeal was dismissed and the bench gave a decision to uphold the orders of both the Courts..

Posted in Others |  1 comments |   723 hits

Disaster Management Act 2005

 07 August 2020

The Supreme Court of India showed its concern about all the industries/establishments, employees and workers through its judgement. It duly noted that all industries/ establishments are of different nature and have different capacity, including finan..

Posted in Others |  1 comments |   1520 hits

Case Analysis: Union of India & Ors Vs. M/s. Indo-Afghan Agencies Ltd

 07 August 2020

Under the constitutional set-up, no person may be deprived of his right or liberty except in due course of and by authority of law: if a member of the executive seeks to deprive a citizen of his right or liberty otherwise than in exercise of power de..

Posted in Taxation |   9970 hits

Witnesses can be cross-examined as to previous statements in writing

 29 July 2020

The court observed that the words "to contradict him" appearing in s. 145 of the Evidence Act must carry the same meaning as the words "to contradict such witness" in s. 162 of the Code. Further, the court laid down that the witnesses can be cross-ex..

Posted in Others |   1659 hits

Appeal dismissed based on oral evidence without corroboration of witnesses

 29 July 2020

The court found no substance in the contentions of the appellant whereby it was pleaded that evidence cannot be accepted without having a corroboration of independent witnesses. The court accepted the sole testimony of the victim who was shot with a ..

Posted in Others |  1 comments |   1553 hits