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Order VII Rule 11 CPC: Only Plaint Averments Can Be Examined While Considering Application For Rejection Of Plaint: Supreme Court

   26 August 2022 at 15:16

When considering an application under Order 7 Rule 11 of the Code of Civil Procedure, the averments in the plaint alone are to be examined. In this case, the High Court of Karnataka granted the defendant's revision petition but dismissed the pla ..

Posted in Others |   202 Views


NCLT Decision Upheld By NCLAT: Claim In Respect To Goods And Services In A Licensed Agreement Comes Under The Ambit Of Operational Debt

   25 August 2022 at 12:32

The National Company Law Appellate Tribunal ("NCLAT"),adjudicated an appeal filed in Somesh Choudhary v Knight Riders Sports Private Limited &Ors. And has held that claims arising out of grant of an exclusive right and license to use ..

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PMLA Judgment Allowing ED To Take Possession Of Property Before Trial In Exceptional Cases Leaves Scope For Arbitrariness : Supreme Court

   25 August 2022 at 10:55

● It went into effect on March 6, 2017, with the goal of simplifying and expediting trademark administration. These Rules emphasised digitalization of the entire process, including digital filing and electronic communication. The Trade Mark Rules, ..

Posted in Others |   121 Views


Person Availing Bank's Service "Consumer": Consumer Complaint Maintainable Over Dispute On Encashment Of FD : Supreme Court

   25 August 2022 at 10:55

The Supreme Court ruled that a consumer complaint in a dispute involving the bank's premature encashment of a Joint Fixed Deposit in violation of the terms and conditions is maintainable. A person who uses a bank's services falls under the ..

Posted in Others |   105 Views


Satyender Jai Cannot Be Disqualified As An Unsound Person Highlights The Delhi High Court: The Plea To Remove Him From The Cabinet Has Been Squashed

   24 August 2022 at 11:04

Delhi High court dismissed the writ petition of the Delhi minister – Satyendar Jain and observed that he cannot be disqualified from Cabinet and Assembly as a "person with unsound mind". Jain is presently in judicial custody in a mon ..

Posted in Others  1 comments |   128 Views


Supreme Court States That The Karnataka High Court’s Decision To Set Aside The Trial Court Order Was “Not Right” An Individual Acquitted Of The Scheduled Offence Cannot Be Prosecuted Under PMLA Act

   22 August 2022 at 10:58

A bench of Justices Dinesh Maheshwari and Krishna Murari made the observations that an individual who was acquitted of the scheduled offence cannot be prosecuted under the Prevention of Money Laundering Act. This statement was concluded after heari ..

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The High Court Within Whose Jurisdiction The Assessing Officer Has Passed The Order, Shall Continue To Exercise The Jurisdiction Of The Appeal Claims The Supreme Court While Hearing The Case Of ITAT Appeal

   22 August 2022 at 10:58

Recently settling the case of Pr. Commissioner of Income Tax-I, Chandigarh v. M/s. ABC Papers Limited, the supreme court held that against orders of Income Tax Appellate Tribunal (ITAT) will lie only before the High Court within whose jurisdiction t ..

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Constitutional Rights For Reservations Of Disabled People Cannot Be Taken Away By Limiting Their Clauses: Persons With Disabilities Act 1995, Guarantees Their Rights To Secure Employment : Observes The Kerela High Court

   20 August 2022 at 12:31

Reservations of the pwd [persons with disabilities] remain only on paper. Instead of being proactive to protect the interests of the disabled, a conscious effort is being taken to thwart their efforts to secure employment bytaking an obstructive or ..

Posted in Others |   162 Views


Standard Proof For Rebutting Presumption Under Section 139 Of The Negotiable Instrument Act Is Preponderance Of Probabilities States The Jharkhand High Court

   20 August 2022 at 12:31

An observation from Justice Deepak Roshan of the Jharkhand high court was that "While section 138 of the Act specifies a strong criminal remedy in relation to the dishonour of cheques, the rebuttable presumption under section 139is a device to ..

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Order Vll Rule 11 Of The Code Of Civil Procedure Gives The Court The Authority To Reject A Plaint Suo Moto: Section 12A Must Be Visited With Rejection Of The Plaint Under Order VII Rule 11, Highlights The Supreme Court

   20 August 2022 at 12:31

Supreme Court observed that under Order VII Rule 11 of the Code of Civil Procedure, 1908, a Court has the authority to reject a plaint suo moto. Before exercising this power, the court needs to hear the plaintiff. The court cannot reject the plaint ..

Posted in Others |   312 Views