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

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Others Judgments and Orders

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 |   1199 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

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

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 |   1368 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 |   1349 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 |   1420 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 |   1466 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 |   1030 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 |   1247 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 |   1757 hits

A dying declaration not in the question-answer form is admissible under s.32 of the Indian Evidence Act

 23 July 2020

The Supreme Court examined the question on the admissibility of the three dying declarations of Smt. Uma Devi and observed that the principle on which the dying declarations are admitted in evidence is indicated in legal maxim – “Nemo moriturus praes..

Posted in Others |   962 hits

As far as the entries in the register of births or deaths or marriages are concerned, the evidence must be produced to connect the entries with the persons whose births or deaths or marriages have to be established

 23 July 2020

The court held that there was no justification for the Authorities under the Rules to reject the school certificate and the medical certificate. There was not even an iota of evidence on the record to show that the appellant was minor on the date of ..

Posted in Others |   794 hits

Evidentiary value of photograph

 23 July 2020

The court held that Ethyl Wong was a competent witness. Under Section 118 of the Indian Evidence Act all persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them for reasons indi..

Posted in Others |   1771 hits