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Judgments and Orders

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 |   1598 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 |   2749 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 |   1317 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 |   3900 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 |   3816 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 |   954 hits

State Vs Amit Goswami: Delhi Court Casts Serious Doubts On Credibility Of Police Witnesses, Grants Bail To One On The Ground Of The Parity

 12 April 2021

A FIR was registered on the complaint of Mohd. Aslam under sec. 147, 148, 149, 457, 435, 436, 454 and 380 of the IPC in Bhajanpura Police Station. The two co accused namely Mukesh and Sunil Sharma were granted bail by the Court vide orders dated on 1..

Posted in Others |   1094 hits

Haryana Space Application Centre (HARSAC) Vs M/S Pan India Consultants Pvt Ltd: Appointment If The Sole Arbitrator Is Subject To The Declarations Made U/S12 Of The Act

 12 April 2021

The Court has made it clear that the appointment of Sole Arbitrator is subject to the declarations being made under section 12 of the Act with respect to independence and impartiality, and the ability to devote sufficient time to complete the arbitra..

Posted in Others |   3239 hits

Anversinh Alias Kiransinh Fatesinh Zala Vs State Of Gujarat: Consent Of Minor Is No Defence

 12 April 2021

In conclusion, the finding of the SC is that the prosecution has established the appellant’s guilt beyond reasonable doubt and no case of acquittal under sections 363 and 366 of the IPC is made out. However, the Court has partly allowed the appeal re..

Posted in Others |   4074 hits

Kiran Devi Vs The Bihar State Sunni Wakf Board & Others: Any Business Being Run By A Karta Of A Hindu Undivided Family (HUF) Would Not Give Rise To A Presumption

 12 April 2021

According to a  3-judge bench of the Supreme Court consisting of Justices Ashok Bhushan, S.Abdul Nazeer and Hemant Gupta .through its judgment of the case – Kiran Devi v. The Bihar State Sunni Wakf Board & Others, delivered on April 5, 2021, any busi..

Posted in Others |   1930 hits

Rahna Jalal Vs State Of Kerala And Another: Pre-Arrest Bail In Triple Talaq

 12 April 2021

A 3-judge bench of the Supreme Court consisting of Justices Dr Dhananjaya Y. Chandrachud, Indu Malhotra and Indira Banerjee has, in the judgment of the case – Rahna Jalal v. State of Kerala and Another, delivered on December 17, 2020, declared that “..

Posted in Others |   2817 hits

Patrica Mukhim Vs The State Of Meghalaya: Free Speech Can't Be Stifled By Criminal Cases

 10 April 2021

Supreme Court Quashes FIR Against Journalist Patricia Mukhim saying free speech Can't Be Stifled by Criminal Cases...

Posted in Others |   2394 hits

Britannia Industries Ltd Vs ITC: No Case Of Trademark Infringement Can Be Made Unless The Consumers Get Confused Or Deceived

 09 April 2021

Delhi High Court Rejects Britannia's Plea Of Trademark Infringement Against ITC'S Sunfeast Digestive Biscuits..

Posted in Others |   2786 hits

State Of Rajasthan v. Love Kush Meena - Eligibility In Public Employment For Those Persons Who Have Been Acquitted From The Charges Of Heinous Crimes On The Basis Of Benefit Of Doubt

 08 April 2021

Acquittal Based On Benefit Of Doubt In Serious Crime Cannot Make Candidate Eligible For Public Employment..

Posted in Others |   1547 hits

Lt Col. Nitisha v. Union of India - Discrimination In Granting Of Permanent Commission Of Women Army Officers

 08 April 2021

The court held that discrimination in this regard must be prohibited. ..

Posted in Others |   6087 hits

Swiss Ribbons Pvt. Ltd. vs Union Of India, (2019)- IBC Is Constitutionally Valid In Its Entirety, Defaulter’s Paradise Is Lost

 08 April 2021

In the present case the Supreme Court was hearing writ petitions challenging the validity of Insolvency and Bankruptcy Code and since the Court is concerned with the question of the validity of the said code, it decided not to look upon the individua..

Posted in Others |   2131 hits

Fakhrey Alam v. State of UP-Whether Default Bail Can Be Treated As A Fundamental Right

 08 April 2021

Default Bail Is a Fundamental Right and Not Merely a Statutory Right; Supplementary Chargesheet Under UAPA Cannot be Used to Extend Time Limit u/s 167 Cr.P.C..

Posted in Others |   4216 hits

Manoj Kunwar v. Oriental Bank of Commerce & Ors - Appeal Against Order Of Liquidation Passed By Adjudicating Authority Of Law

 08 April 2021

In this case, the Appeal was filed against the order of liquidation passed by the Adjudicating Authority law...

Posted in Others |   1542 hits

The State Of Goa v. Fouziya Imtiaz Shaikh - Quashing Of Polls

 08 April 2021

In this case, it was held the Bombay High Court at Goa had allowed the SEC to continue the election process in other municipalities striking down in one out of five municipalities for not reserving wards for the women as required under the law...

Posted in Others |   2949 hits

Laishram Premila Devi & Ors Vs The State & Ors: It Is Now Becoming A Trend To Register FIRs Alleging Sexual Harassment Cases To Force A Party To Withdraw Complaint Or To Arm Twist A Party

 06 April 2021

It is remarkable, righteous, refreshing, rejuvenating and reasonable to learn that while ruling explicitly, elegantly, eloquently and effectively that time has come to initiate action against persons who file frivolous complaints under Sections 354, ..

Posted in Others |  6 comments |   1902 hits