Judgments of the higher court/s and/or the Apex Court are either per incuriam and/or stare-decisis and/or against the doctrine of Pith N Substance and/or Ultra Vires and/or otherwise untenable looking to the ground realities. Such judgments remain ..
The Supreme Court bench comprising of Justices Ranjan Gogoi and Pinaki Chandra Ghose prescribed detailed guidelines on the issuing of government advertisements. ..
The Supreme Court bench comprising of Justices J. Chelameswar and Pinaki Chandra Ghose held that the printed date on the cheque, in absence of any other evidence, cannot be conclusive of the fact that the cheque was issued on that particular date. ..
The main contention of the appellant is that since the contractor has not been made a party to the case , the commissioner has decided that the claim was not maintainable though it was clearly proved that the deceased was employed in the factory prem..
Section 234E of the Income Tax Act,1961 is intravires the Constitution of India. The said Section 234E does not violate any provision of the Constitution of India. Delay in furnishing TDS Returns/Statements increases the work burden of the Department..
The petitioner, Ritesh Sinha, who suffered from spastic cerebral palsy, ot selected for the post of a clerk (under reserved category for physically challenged) at the District and Sessions Court, Karnal on Oct 23, 2010. However, after three months, h..
The bench comprising of Justices Vikramajit Sen and Kurian Joseph set aside the judgment passed by the Punjab and Haryana High Court and laid down certain rules of interpretation in dowry deaths. ..
The Petitioner is an Indian citizen and a practicing Advocate. He claims to be affected by the levy of Service Tax on Advocates. It is the case of the Petitioner that section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act 200..
A) Allotment of residential plot - the Administration issued the allotment letter in favour of the appellant within 48 hours of submission of application making it clear that as the proper calculation could not be made and tentative price had not bee..
The bench comprising of Justices T.S. Thakur and Adarsh Kumar Goel held that a candidate to be recruited to the police service must be worthy of confidence, a person of utmost rectitude, must have impeccable character and integrity. A person havin..
The bench comprising of Justices Pradeep Nandrajog and Ms. Mukta Gupta held that sexual intercourse, which is forceful and not forcible is not rape. The bench, thereby, acquitted the accused. "As regards the offence punishable under Section 376 IP..
The Petitioner, Vodafone India Services Pvt. Ltd., is a wholly owned subsidiary of a non-resident company, Vodafone Tele-Services (India) Holdings Limited (the holding company). In AY 2009-10,the Petitioner issued equity shares on a premium to its ho..
The Competition Commission of India held Super Cassettes Industries Limited in contravention of the provisions of section 4(2)(a)(i) of the Competition Act, 2002 for imposing unfair conditions of Minimum Commitment Charges (MCC) upon the private FM S..
The Supreme Court bench comprising of Justices Ranjan Gogoi and R.K. Agrawal held that a Will drawn up in English is valid, even if the person bequeathing his/her property was ignorant of the language, provided the content was explained to the testat..
The Supreme Court Constitution bench comprising of Justices R.M. Lodha, Jagdish Singh Khehar, A.K. Sikri, Rohinton Fali Nariman and Chelameswar, in a majority verdict, has ruled that the review petition of a death convict to be heard in an open cou..
The Competition Commission of India found 14 car companies in contravention of the provisions of the Competition Act, 2002. Commission also imposed a penalty calculated at the rate of 2% of the average turnover of the 14 car companies amounting to Rs..
The Supreme Court bench comprising of Justices T.S. Thakur, Vikramajit Sen and C. Nagappan held that a complaint of a bounced cheque must be only filed at the place of dishonour of cheque Justice T.S Thakur wrote a separate but concurrent opinion an..
The Supreme Court Constitution bench headed by the Chief Justice of India, R.M. Lodha dismissed the contempt petitions against the then Editor of India Today, Mr. Arun Shourie. The case involved an editorial published in The Indian Express in 1990 ..
The National Green Tribunal bench headed by Justice Swatanter Kumar directed the Ministry of Environment and Forest not to appoint persons as Chairperson/Members of the Expert Appraisal Committee/State Expert Appraisal Committee who do not have exper..
The issue raised before the Bombay High Court was that whether a resolution for approval of a Scheme of Amalgamation can be passed under Section 110 of the Companies Act, 2013 and SEBI Circular dated May 21, 2013, by a majority of the equity sharehol..
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