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Judgments and Orders

M/S Jethanand And Sons Vs The State Of Uttar Pradesh: This Case Is Based On Article 133 Of The Constitution, Where Arbitration Awards Are Challenged

 23 July 2021

This Case Is Based On Article 133 Of The Constitution, Where Arbitration Awards Are Challenged..

Posted in Others |   1343 hits

Shiva Jute Baling Ltd. vs Hindley & Co. Ltd.: Appeal Under Article 136 Is Admitted Either By HC’s Under Order XLV, Rule 8 Of CPC Or By SC’s Order Thereunder

 23 July 2021

The Supreme Court affirmed that under Order XXXII, rule 9 of the Original Side Rules of the Calcutta High Court, an Appeal under Article 136 of the Constitution could be admitted either by order of the High Court under Order XLV, rule 8 of the CPC or..

Posted in Others |   624 hits

New Okhla Industrial Development Authority And Ors Vs BD Singhal And Ors: The Jurisdiction Over A Matter Of Policymaking Lies In The Domain Of The Executive

 22 July 2021

The appeals by New Okhla Industrial Development Authority and the State of Uttar Pradesh raise the issue as to whether the High Court has transcended the limits of its power of judicial review. ..

Posted in Others 1 comments |   1266 hits

Prem Lala Nahata Vs Chandi Prasad Simaria: A Plaint With Defects Of Misjoinder Of Parties Or Misjoinder Of Causes Of Action Cannot Be Barred By Law

 22 July 2021

A Plaint With Defects Of Misjoinder Of Parties Or Misjoinder Of Causes Of Action Cannot Be Barred By Law..

Posted in Others |   2656 hits

Jatan Kumar Vs Golcha Properties Ltd

 22 July 2021

Serving 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...

Posted in Others |   983 hits

State of Punjab vs Amar Singh Harika

 22 July 2021

An order of dismissal passed by the appropriate authority is not effective without proper enquiry and communication to the officer concerned...

Posted in Others |   1778 hits

Baldevdas Shivlal Vs Filmistan Distributors Ltd: Every Order In The Suit Cannot Be Regarded As A Case Decided Within The Meaning Of S. 115 of CPC

 22 July 2021

The Supreme Court held that the High Court proceeded to decide matters on which the Trial Court had recorded no final decision, and that which could not be decided by the High Court until the parties had opportunity to lead evidence thereon. ..

Posted in Others |   1144 hits

Bhagwanrao Mahadeo Patil Vs Appa Ramchandra Savkar: While Confirming Charge U/S. 304B IPC, Accused Cannot Be Discharged Under Section 306 IPC

 22 July 2021

While confirming the accusation, the Supreme Court stated that an accused cannot be discharged for an offence under Section 306 of the Indian Penal Code...

Posted in Others |   1076 hits

Devika Soniraj Vs The Zonal Manager, Bank Of India: Banks Should Not Deny Educational Loan Citing Liabilities Of Student's Parents

 22 July 2021

The Kerala High Court recently ordered the Bank of India to disburse the petitioner's loan application on the grounds that she was a deserving student and that educational loan repayment options should not be based on the parents' financial situation..

Posted in Others |   802 hits

Major S S Khanna Vs Brig F J Dillion: Decision Of Lower Court Is Amenable To The Revisional Jurisdiction Of The HC U/S. 115 Of CPC Unless Barred By A Special Law Or An Appeal Lies Therefrom

 20 July 2021

The 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 |   2742 hits

Madras Bar Association Vs UOI: Constitutional Validity Of The Tribunal Reforms (Rationalisation And Conditions Of Service) Ordinance And S. 184 And 186 (2) Of The Finance Act, 2017

 20 July 2021

The Madras Bar Association filed a writ petition before the Court challenging the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 and Sections 184 and 186 (2) of the Finance Act, 2017 on the grounds that they were against..

Posted in Others |   1300 hits

Ram Sarup Vs Union Of India: Appeal As An Indigent Person After Dismissal Of Suit On A Merit Basis

 20 July 2021

The appellant was allowed to appeal as an indigent person after the suit had been dismissed on a merit basis. The order of the High Court passed on May 3, 1982, in C. M. No. 525 of 1981 was set aside and the appeal was accordingly allowed by the Supr..

Posted in Others |   1559 hits

Union Of India Vs Laxminarayanan: There Is No Justification In Transferring A Person From One Quarter To Another Quarter Of The Same Locality Due To His/Her Promotion

 20 July 2021

There is no justification in transferring a person from one quarter to another quarter of the same locality due to his/her promotion..

Posted in Others |   749 hits

M D Ghouseuddin Vs Syed Riazul Hussai And Anr: Right To Summon Documents Has To Be Exercised When The Trial Is In Progress And Not When Trial Is Completed

 20 July 2021

The Supreme Court reversed the High Court judgement and restored the Trial Court order and held that the right to summon is available, and must be exercised during the trial proceedings and not after the trial gets completed...

Posted in Others |   793 hits

Madras Bar Association v. Union of India & Another, 2021 - Minimum Age Bar of 50 years is arbitrary

 20 July 2021

In his dissenting judgment, Justice Hemant Gupta has held the first, second and the third proviso to section 184(1) , the use of the expression ‘preferably’ in section 184(7) and the proviso to section 184(11) as legal and valid, as such provisions f..

Posted in Others |   1923 hits

Satyadhyan Ghosal Vs Deorajin

 19 July 2021

The High Court set aside the order of the Munsif, dismissing an application, and remanded the case for disposal in accordance with the law...

Posted in Others |   5148 hits

Elliot Vs Cline : Use Of Refutation To An Act Against The Defendant In Criminal Trial Is Unconstitutional

 19 July 2021

Use Of Refutation To An Act Against The Defendant In Criminal Trial Is Unconstitutional..

Posted in Others |   780 hits

M/S SCG Contracts India Pvt Ltd Vs K S Chamankar Infrastructure Pvt Ltd & Ors: The Court Shall Not Allow The Written Statement To Be Taken On Record Beyond 120 Days In A Commercial Suit

 19 July 2021

The Court shall not allow the written statement to be taken on record beyond 120 days in a commercial suit...

Posted in Others |   4351 hits

Mayandi Vs Pandarachamy & Anr: The SC Set Aside The Order Of The High Court Where It Held The Subsequent Suit Was Based On A Different Cause Of Action

 19 July 2021

The High Court erred in law holding that the subsequent suit was based on a different cause of action and the Supreme Court set aside the judgement..

Posted in Others |   1694 hits

Franklin Templeton Trustee Services Pvt Ltd Vs Amruta Garg: Disproportionate Power In Delegated Legislation Can Be Arbitrary

 19 July 2021

The Constitutional validity of the provisions of the SEBI (Mutual Funds) Regulations was upheld along with clarification on delegated legislation. Arbitrariness can be found even in delegated legislation if the powers delegated are excessive...

Posted in Others |   1205 hits







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