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Judgments and Orders

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 |   803 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 |   4549 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 |   1187 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 |   1109 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 |   717 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 |   1509 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 |   9870 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 |   1641 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 |   1540 hits

Calcutta HC Pulls Up State Police For Rampant Child Marriages

 29 July 2020

In a recent, remarkable and righteous decision, the Calcutta High Court just recently in 'Court In Its Own Motion In Re: Contagion of Covid-19 Virus In Children Protection Homes (Through video conference) in W.P. 5327 (W) of 2020 while taking strict ..

Posted in Others |   1359 hits

Husband is liable to pay maintenance even after the expiry of iddat period

 28 July 2020

The court held that the view expressed by the First Revisional Court that no Muslim woman can maintain a petition under Section 125 Cr.P.C. is unsustainable. Conclusions in the view of a statement alleging utterance of the word ‘Talaq’ thrice is not ..

Posted in Family Law |   2548 hits

Liability of a husband to maintain his wife is not confined to the iddat period

 28 July 2020

The court upheld the validity of the Act while reiterating the principles laid down under Shah Bano case that the husband’s liability to maintain his wife is not confined and doesn’t end with the iddat period. A distinction has to be made between ‘pr..

Posted in Family Law |   1454 hits

Person Suffering From Covid-19 Cannot Be Expected To Produce Proof For Free Treatment In Hospital Under EWS Category

 28 July 2020

 In a big respite for Covid-19 patients which has ostensibly given them a good and genuine reason to smile is the recent, remarkable and righteous decision delivered by the Bombay High Court just recently on June 26, 2020 in Abdul Shoeb Shaikh and Or..

Posted in Others |   1342 hits

US Supreme Court Rules Against Absolute Immunity For President From Criminal Investigation

 27 July 2020

In a most recently decided high profile case titled Donald J Trump v. Cyrus R Vance, District Attorney Of The County Of New York, Et Al. 591 US ­­­_ (2020) on Writ Of Certiorari To The United States Court Of Appeal For The Second Circuit that was dec..

Posted in Others |   1404 hits

Deductions to the salary of an officer in reference to other Laws of the Land

 25 July 2020

It was decided by the Court in this regard that as there is no law of the Governor-General-in-Council whereby the salary of an officer is to be deducted, vide Section 60 (2) (b), the officer's salary is not liable to attachment or deductions...

Posted in Others |   1457 hits

Bombay HC Dismisses PIL Alleging Negligence In Management Of Dead Bodies Of Covid-19 Victims By MCGM Staff

 24 July 2020

In a latest and fresh development, the Bombay High Court just recently on July 3, 2020 in Ketan Tirodkar Vs State of Maharashtra & Anr in Case Number: PIL-CJ-LD-VC-29 of 2020 dismissed a public interest litigation (PIL) alleging negligence in manage..

Posted in Others |   1024 hits

The need and severity of the punishment granted by the Court Martials in relation to certain offences

 24 July 2020

The Court looked into the previous judgments on the same matter and decided that the perusal as to the charges was not conducted in the appropriate manner and therefore complete understanding of the charges and the facts as to the said charges needs ..

Posted in Others |   1239 hits

Confidentiality of communications under Section 126 extends to the pleaders as well under Section 127

 23 July 2020

The Court held that the evidence of the pleaders was inadmissible because it involved the disclosure of privilege information and communication, the disclosure of which is incorrect. The evidence is therefore rightfully excluded on the part of the Ma..

Posted in Constitutional Law |   891 hits

Privilege in case of communication within a corporation between employees, including a legal adviser

 23 July 2020

The Court held that the first question that is to be answered is whether the document of communication contains any confidential information. It was concluded that this particular document and the information contained within upon speculation does no..

Posted in Others |   1739 hits

Section 132 only protects the accused in the case where he is compelled to answer a question and not where the accused voluntarily answers

 23 July 2020

As per the dissenting opinion of Justice Birchwood, section 132 of the Indian Evidence Act read with section 14 of the Indian Oaths’ Act, compels a witness to answer criminating questions and he is protected by the proviso to section 132 from crimina..

Posted in Constitutional Law |   1865 hits