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Judgments and Orders

IFFCO Tokio General Insurance Company Ltd Vs Pearl Beverages Ltd: Blood Test Or Breath Analysis Is Not Compulsory For The Insurance Company To Reject The Claims Over Drunken Driving

 17 April 2021

This case deals with that if the insurance provider can ascertain from the evidence that the driver was under the impact of alcohol at the time of the mishap, it would not be deprived of its right to eliminate the policy reward only because the scien..

Posted in Others |   3316 hits

Union Of India Vs Rhea Chakraborty: A Petition Cannot Be Filed Against The Observations Made By A Court

 17 April 2021

This case deals with the issue of whether or not petitions can be filed challenging observations made in an order...

Posted in Others |   2770 hits

K Shivanagouda Naik And Ors Vs State Of Maharashtra And Ors: Karnataka High Court Vacates Stay Orders Through Investigation Against Karnataka Chief Minister In Operation Kamala

 17 April 2021

Karnataka High Court Vacates Stay, Orders Thorough Investigation Against Karnataka Chief Minister B.S. Yediyurappa in 'Operation Kamala' case as Judge John Michael Cunha allowed further investigation into the matter. ..

Posted in Others |   1403 hits

Mahender Singh Vs State: The High Court Can Exercise Its Powers U/S 482 Of CrPC To Quash An FIR For An Offence Committed U/S 308 If Injuries Sustained Are Minor

 16 April 2021

This case deals with the issue of quashing criminal proceedings for offences under Sec. 308 of the Indian Penal Code. ..

Posted in Others |   1751 hits

Rama Chandra Mohanty V. State Of Orissa & Another-Judicial Officer Who Lacks Integrity And Honesty Is A Danger To Judiciary

 16 April 2021

In the present case, as observed by the bench that there was nothing to back the contentions of the petitioner and state that he has been honest throughout his tenure. Thus, it was indeed a step in public interest to direct a compulsory retirement fo..

Posted in Others |   936 hits

Dr Sambit Patra Vs State Of Chhattisgarh: Allegations Made Against Political Leaders Even If Untrue Does Not Amounts To An Offence U/S 505 Of IPC

 16 April 2021

Dr Sambit Patra vs State of Chhattisgarh - Allegations made against political leaders even if untrue does not constitute an offence under section 505 of IPC...

Posted in Others |   1201 hits

Vineeta Sharma V. Rakesh Sharma–Supreme Court Of India–Gender Equality In Hindu Property Law

 16 April 2021

This is a landmark judgment that revolves around the concept of joint Hindu family and coparcenary rights of the daughters...

Posted in Others |   3087 hits

Sonu V. Sonu Yadav And Anr. (2021) – Dowry Death Case: Quality Of Reasons Matter, Order Without Reasons Is Fundamentally Contrary To The Norms Which Guide The Judicial Process

 13 April 2021

The following judgement with the issue of granting of bail in case of serious circumstances of dowry death...

Posted in Others |   3983 hits

Himanshu Dabas vs State – Delhi High Court Scrutinizes Private Doctors For Submitting Sketchy And Questionable Reports Before The Court

 13 April 2021

The High court of Delhi warns private doctors and hospitals against providing questionable and sketchy medical reports before the court such acts will be punishable under section 192 of IPC...

Posted in Others |   1403 hits

Ami Ranjan and Anr Vs State of Harayana - Can Registration of Marriage be Effected Through Video Call

 13 April 2021

The following judgement deals with provision for registration of marriage under Special Marriage Act, 1954...

Posted in Others 2 comments |   1656 hits

Can Lease Rentals Rising Out Of Use And Occupation Of A Cold Storage Unit Be Classified As ‘operational Debt’ Under Section 5(21) Of IBC

 13 April 2021

This case is the landmark judgment which is given by the tribunal in NCLAT which magnifies the scope of section-5(21) of Insolvency and bankruptcy code, 2016 and clarifies which leased properties can be taken into account under the definition of ‘ope..

Posted in Others |   1003 hits

Saurabh Sharma Vs Sub Divisional Magistrate: Delhi HC Holds Wearing Of Mask Mandatory Even While Alone In The Vehicle

 13 April 2021

This case deals with the dismissal of four petitions because wearing a mask is mandatory even when the person is alone in a vehicle...

Posted in Others 2 comments |   2919 hits

Joydeep Majumdar Vs Bharti Jaiswal Majumdar: Wifes Irresponsible Allegations Which Affects The Career And Reputation Of Her Husband That Will Amount To Mental Cruelty

 13 April 2021

In the judgment of the case – Joydeep Majumdar v. Bharti Jaiswal Majumdar delivered on February 26, 2021, a 3-judge bench of the Supreme Court consisting of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, has ruled that in a case w..

Posted in Family Law |   5404 hits

Nawal Kishore Sharma Vs Union of India & Others - 2021 - SC - Heart Ailment is Not a Legal Disability

 13 April 2021

In the judgment of the case- Nawal Kishore Sharma v. Union of India & Others, delivered on February 10, 2021, a 3-judge bench of the Supreme Court, consisting of Justices, Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy have held that a hear..

Posted in Labour & Service Law 1 comments |   2143 hits

Kotak Mahindra Bank Pvt Ltd Vs Ambuj A Kasliwal And Ors: Total Waiver Of Pre Deposit Rule In Filing Appeals Before The Debt Recovery Appellate Tribunal Is Not Permissible

 13 April 2021

Through the judgment of the case – Kotak Mahindra Bank Pvt. Ltd. v. Ambuj A. Kasliwal and Others , delivered on February 16, 2021, a 3 -judge bench of the Supreme Court consisting of the Chief Justice Sharad A. Bobde, Justice A.S.Bopanna and Justice ..

Posted in Others |   1573 hits

N Vijayakumar Vs State Of Tamil Nadu: Mere Possession Or Recovery Of Currency Notes Is Not Sufficient To Constitute The Offence Of Bribery

 13 April 2021

In the judgment of the case – N. Vijayakumar v. State of Tamil Nadu, delivered on February 3, 2021, a three-judge bench of the Supreme Court, consisting of Justices Ashok Bhushan, R. Subhash Reddy and M.R.Shah, has in its ruling very unambiguously st..

Posted in Taxation |   2690 hits

Human Fallibility is Behind Review

 13 April 2021

In the judgment of the case – Rajendra Khare  v. Swaati Nirkhi and Others, delivered by Justice Ashok Bhushan and Justice Indu Malhotra, at the Supreme Court on January 28, 2021, have pointed out that the basic philosophy inherent in granting power o..

Posted in Others |   1304 hits

Jayamma Xavier v. Registrar of Firm, (2021) – LLP Can Form Partnership Firm

 12 April 2021

In the present case, the High Court is dealing with sections 25, 26 and 49 of Indian Partnership Act and section 28 of Limited Liability Partnership Act which lays down provision for liability of partners of a firm. The question before the court is w..

Posted in Others |   3781 hits

Medical Examination of Person Accused of Rape Mandatory U/S 53A Cr.P.C

 12 April 2021

In the present judgement, the case before the high court is concerned with section 53A of Cr.P.C which is related to the subject matter of medical examination of the accused when he is arrested on the charge of commission of rape. The question before..

Posted in Others |   3808 hits

Chandrashekar Dnyaneshwar Chavan Vs The State Of Maharashtra: An Adult Girl Cannot Be Detained Who Willingly Eloped With A 20 Year Old Boy

 12 April 2021

The court held that it cannot detain the adult girl who had eloped with a man as she had eloped, as she had appeared before the court on her own after a habeas corpus petition had been filed by her father...

Posted in Others |   943 hits