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Judgments and Orders

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 |   10849 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 |   858 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 |   2640 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 |   12186 hits

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

 10 September 2021

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Posted in Others |   14257 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 |   2077 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 |   3639 hits

SNT Kumarswami Chettiar Vs MSM Chinnathambi Chettiar (1950): Entering Into Business With An Illegal Association Renders No Remedy To The Plaintiff

 09 September 2021

This case dealt with the concept of illegal association...

Posted in Others |   1242 hits

Employers In Relation To The Management Of Bhalgora Area Of M/S Bharat Coking Coal Ltd. Vs Workmen Being Represented By Janta Mazdoor Sangh: Fraudulent Practice To Gain Public Employment Cannot Be Countenanced

 09 September 2021

The Supreme Court of India upheld the BCCL's termination of 38 workers, in this case, stating that fraudulent practices to obtain public employment cannot be tolerated by a court of law...

Posted in Others |   886 hits

Kayalulla Parambath Moidu Haji Vs Namboodiyil Vinodan SC: If The Case Involves A Complicated Question Of Fact And Law Relating To The Title, The Court Will Relegate The Parties To The Remedy By Way Of Comprehensive Suit For Declaration Of Title, Instead Of Deciding The Issue In A Suit In Mere Injunction

 09 September 2021

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Posted in Others |   1244 hits

Sanjay Ramdas Patil Vs Sanjay And Others: Repetition Of OBC Reservation In Mayor Post Cannot Be Termed As A Violation Of Rotation Policy According To The Maharashtra Law

 09 September 2021

The Supreme Court set aside the High Court’s decision and observed that considering the number of municipal corporations in Maharashtra, the chances of repetition of OBC reservation in Mayor’s post cannot be eliminated and as per the Maharashtra law,..

Posted in Others |   1133 hits

Mudavath Jyothi Vs The State Of Telangana: It Is Not Enough That Harassment Or Cruelty Was Caused To The Woman With A Demand For Dowry For Section 304-B Of IPC To Be Invoked But It Should Have Happened Soon Before Her Death

 08 September 2021

An important aspect to be established by the prosecution is that there was reliable evidence to show that the woman was subjected to cruelty or harassment by her husband or his relatives, which must be for or in connection with any demand for dowry, ..

Posted in Others |   930 hits

Aman Preet Singh Vs CBI Through Director: Magistrate May Either Give Direction To The Accused To Appear Or Issue Process Of Summons But Shall Not Issue Arrest Warrant When A Charge-Sheet Is Filed Without Adhering To Section 170 Of CrPC

 08 September 2021

The Hon’ble Supreme Court reiterated the principles laid down regarding issue of arrest warrants when an officer-in-charge of a police station or an Investigating Agency like CBI files a charge-sheet without arresting the accused during investigation..

Posted in Others |   3269 hits

Somesh Thapliyal Vs Vice-Chancellor, HNB Garhwal University: Employee Not Estopped From Challenging Terms & Conditions Of Employment If It Violates Statutory Requirement

 07 September 2021

In this case, the Supreme Court held that the employee has the right to challenge the conditions if they are not in compliance with the law's statutory requirements. An employee is not estopped from questioning at a point where he feels he has been w..

Posted in Others |   2231 hits

Samual Sk Vs State Of Jharkhand And Another:SC Reduces Jail Time Of A Convict Sentenced U/S 498A Of IPC On Condition Of Payment Of Compensation Towards His Wife And Children

 07 September 2021

The Supreme Court took a reformative approach by allowing the plea of the convict, who made a voluntary offer of paying compensation to the victims for a reduced time in jail...

Posted in Others |   769 hits

Smt. Khusbhu Chauhan And Ors Vs State Of UP And Anr: HC Can Quash Proceedings When A Compromise Has Been Made By The Parties

 07 September 2021

The Court in this case clarified that the offences which are not grave in nature and do not affect the society can be quashed by the Court if a compromise has been made between the parties. When the dispute is between private parties, it is inherent ..

Posted in Others |   795 hits

Krishabh Kapoor Vs Sardar Vallabhbhai National Institute Of Technology Surat (2021): Depression Can Be Classified As A Serious Illness In COVID’s Context

 06 September 2021

In this case, the petitioner was a student in the respondent Institute. The Institute passed an order to remove the petitioner from the Institute based on the recommendation of the Academic Performance Review Committee, on the ground that he did not ..

Posted in Others |   713 hits

Mohd Arif Vs State: It Is The Duty Of The Court To Ensure That The Law Does Not Become A Tool For Targeted Harassment

 06 September 2021

In the following case, the Supreme Court granted bail to the five accused in the Delhi riot case...

Posted in Others |   1355 hits

Balasubramanian & Anr Vs M Arockiasamy (dead): Question Of Law Doesnot Arise In Abstract: Mere Reference To Facts Does Not Amount To Reappreciation Of Evidence

 04 September 2021

The Supreme Court, in this case, stated that a question of law does not emerge in the abstract but emerges from the merits of the cases. Also, that merely mentioning facts does not imply reappreciation of evidence. ..

Posted in Others |   1302 hits

Sri Nagaraj Rao Vs State & Anr (2021): Reason And Application Of Mind Are Impregnable For A Judicial Order To Sustain The Scrutiny Of Law

 04 September 2021

The Second Respondent had established a company after securing a loan from the Karnataka State Finance Corporation. However, on failure of repayment of the loan amount, the concerned property was auctioned off to the petitioner. A complaint was made ..

Posted in Others |   811 hits