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Others Judgments and Orders

What are the principles governing the right to appeal in regards to the amendment in procedural law

 04 September 2020

The Supreme Court dismissed the appeal and upheld the right of the board to appeal in High Court as the right to appeal was available to the respondent at the time of initiation of the dispute before the amendment which wasn’t preserved thereof...

Posted in Others |   931 hits

Section 17, Order 2 Rule 2 Case Law CPC

 03 September 2020

The Court first clarified the word "property" used in Section 17 and held that it includes properties. The court reiterated that interpretation of word "portion of the property" cannot only be understood in a limited and restrictive sense of being po..

Posted in Others |   2213 hits

Section 10 of Carriers Act - Case Law

 03 September 2020

By examining the case, the High Court reversed it’s decision on the judgment which was already given by the Trial Court, stating that the Learned trial court interpreted Section 10 wrongly, as the plaintiff has taken all measures in issuing letters a..

Posted in Others |   827 hits

The High Court should not have entertained the second appeal filed

 03 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 |   538 hits

File a suit where the property is situated

 03 September 2020

Delhi High court didn’t have the jurisdiction and the appeal is dismissed...

Posted in Others |   975 hits

The High Court should not have entertained the second appeal filed

 03 September 2020

The court held that the High court should not have shown indulgence of such magnitude by adjourning the matter when the counsel for the appellant was not present. It is difficult to envision why the Court directed fresh notice to the appellant when t..

Posted in Others |   624 hits

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 |   690 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 |   459 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 |   560 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 |   494 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 |   1935 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 |   532 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 |   408 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 |   584 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 |   2208 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 |   1345 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 |   878 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 |   878 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 |   1897 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 |   1360 hits







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