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Even Encroachers Are Protected From State Action Which Violates Procedure Established By Law: Jharkhand HC

   16 August 2022 at 17:52

According to the Jharkhand High Court, the right to shelter is a fundamental right of every citizen under the Constitution, and any violation of this right by the state must result in judicial intervention to protect the occupants of a dwelling hous ..

Posted in Others |   107 Views


Motor Accident Compensation Order By Bombay High Court Quashed By Supreme Court: Rule Of Evidence To Prove Charges In A Criminal Trial Cannot Be Used While Deciding Section 166 Of The MV Act

   16 August 2022 at 10:49

Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application under Section 166 of the Motor Vehicles Act held by the supreme court. The two-judge Bench of Justice Hemant Gupta and Justice Vikram Nath observed th ..

Posted in Others |   187 Views


Arbitrator Cannot Be Appointed Over A 'Dead Cause Of Action' Barred By Law Of Limitation: Gujarat High Court

   15 August 2022 at 15:23

The Gujarat High Court ruled that a party cannot seek the appointment of an arbitrator over a "dead" cause of action or resurrect a claim barred by the Law of Limitation. The Court was considering an application for the appointment of an ..

Posted in Others |   184 Views


Section 148 Can Only Be Held When Income Has Escaped Assessment, Highlights Rajasthan High Court: S148 Order Quashed Due To Lack Of Prima Facie Ingredients For S148

   15 August 2022 at 15:23

The Rajasthan High Court with a bench of Justice Manindra Mohan Shrivastav and Justice Shubha Mehta held before the court that any material evidence is required to prove that the income exceeding 50,00,000 chargeable to tax has been escaped from ass ..

Posted in Others |   138 Views


45 Days Time Limit For Filing Application U/Sec 17 SARFAESI Act Is Meant For Quick Enforcement Of Security : Supreme Court

   13 August 2022 at 10:49

The Supreme Court noted that Section 17 of the SARFAESI Act provides for a 45-day time limit for filing an application in order to expedite the enforcement of the security. \ According to Section 17 of the SARFAESI Act, an application against measur ..

Posted in Others |   412 Views


Statement U/S 164 CrPC Is A Public Document, But Third Party Has To Establish Direct Interest To Get A Copy: Kerala High Court In Saritha's Plea

   12 August 2022 at 10:36

The Kerala High Court ruled on Thursday in a significant decision that a statement recorded under Section 164 of the Code of Criminal Procedure is a public document falling under Section 74(1)(iii) of the Indian Evidence Act because it is the record ..

Posted in Others |   154 Views


Mere Allegations Of Harassment Are Not Abetment Of Suicide Positive Act Is Essential To Conclude An Offence Under Section 306 Of The IPC

   11 August 2022 at 11:47

Mere allegations of harassment or pressure doesn’t make an individual accountable for suicide. Proof of an act done is necessary. Only a positive act which led the deceased to commit suicide will attract offence under section 306 of the IPC. S ..

Posted in Others |   168 Views


CPC Order XV Rule 5: Mere Denial Of Landlord-Tenant Relationship Doesn’t Grant Tenant A Holiday From Duty To Pay Rent/ Damages: SC

   11 August 2022 at 11:46

The instant appeal concerns procedural issues under Order XV Rule 5 CPC that arose in a suit for eviction and recovery of rent arrears, as well as damages for use and occupation. The plaintiff-appellant contended that she is the owner of the suit sh ..

Posted in Others |   400 Views


Punjab And Haryana High Court: Order Refusing Appointment Of Local Commissioner Under Order XXVI Rule 9 Of CPC, 1908 Does Not Affect Rights Of Parties: No Revision Available

   11 August 2022 at 11:46

In dealing with a revision petition for setting aside an order passed by the Additional Civil Judge dismissing the plaintiff's application for appointment of a Local Commissioner, the Punjab and Haryana High Court held that an order refusing app ..

Posted in Others |   199 Views


Appeal For Higher Compassionate Appointment Dismissed It Is Not A Vested Right; It Is A Mere Aid Amidst Immediate Hardships And Financial Crisis

   10 August 2022 at 11:13

This order came because of an instant appeal vis-à-vis compassionate appointment. It was held in the case of Iqbal Khan Vs State of U.P. and 2 Others that compassionate appointment cannot be treated as a bonanza. It is not a disbursement of a ..

Posted in Others |   164 Views