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Landlord Entitled To Mesne Profits From Tenant When Execution Of Decree Of Eviction Is Stayed : Supreme Court

   09 July 2022 at 10:04

The Supreme Court bench composed of Justice Indira Banerjee and Justice J.K. Maheshwari have restated in the case M/s. Martin & Harris Private Limited &Anr. V Rajendra Mehta &Ors that once a decree for possession has been passed and the ..

Posted in Others |   456 Views


Substantive Right Accrued To A Litigant Should Not Be Defeated Citing Procedural Defects Capable Of Being Cured: Supreme Court

   08 July 2022 at 13:07

The Supreme Court stated that a litigant's substantive rights should not be overturned due to a procedural error that can be corrected. In this instance, despite the fact that two different decrees were prepared, two lawsuits (one filed in 1989 ..

Posted in Others |   139 Views


Muslim Personal Law/ Shariat Can't Be Tested On Anvil Of Article 14 Due To Binding Supreme Court Precedents: Kerala High Court

   08 July 2022 at 13:07

The Kerala High Court stated on Tuesday that it was constrained by Supreme Court precedent to the contrary and could not rule that a Muslim woman may be appointed guardian of her young child's property. Even though it may be possible to argue t ..

Posted in Others |   138 Views


Disciplinary Proceedings Continuing Ad Infinitum Would Be Destructive Of Rule Of Law: Delhi High Court Grants Relief To CBIC Officer

   07 July 2022 at 10:24

The Delhi High Court has noted that permitting Disciplinary Proceedings to go on indefinitely would not only be extremely harmful to the individual involved, but also harmful to the Rule of Law. Cross-petitioners filed by one Anish Gupta against th ..

Posted in Others |   131 Views


Merely Because S.482 CrPC Does Not Prescribe Limitation Period Does Not Mean Parties Can Approach Court With Inordinate Delay: J&K&L High Court

   07 July 2022 at 10:24

A party cannot approach the High Court under Section 482 of the CrPC at his whim and caprice, according to a ruling made today by the Jammu and Kashmir and Ladakh High Court. This is because there is no time restriction for bringing a plea under th ..

Posted in Others |   219 Views


Officers Of DGGI Are ‘Central Excise Officers’: Can Issue Show Cause Notices And Adjudicate Service Tax Demand: Madras High Court

   05 July 2022 at 17:49

According to the Madras High Court, as the Central Board of Excise and Customs has given DGGI officials the authority of Central Excise Officers, they are considered "Central Excise Officers" for the purposes of Rule 3 of the Service Tax R ..

Posted in Others |   198 Views


Declaration Of Law By Court Will Have Retrospective Effect If Not Otherwise Stated Specifically : Supreme Court

   05 July 2022 at 17:48

The Supreme Court reaffirmed that, if not expressly stated otherwise, a court's declaration of law will take effect retroactively. In upholding the Jammu & Kashmir and Ladakh High Court's ruling that Munsiffs appointed through direct r ..

Posted in Others |   387 Views


Kerala High Court Dismisses Plea Alleging Corruption In Judiciary To Secure Post Retirement Jobs

   04 July 2022 at 10:34

In Abdul Jaleel v. Cabinet Principal Secretary & Ors, the Kerala High Court dismissed a petition seeking the establishment of a Division Bench of the Apex Court in all the High Courts in the country to adjudicate upon cases of the poor and the m ..

Posted in Others |   83 Views


Absence Of Threat To Applicant No Ground To Refuse Firearm License Under Arms Act: Gujarat High Court

   02 July 2022 at 10:39

The Gujarat High Court has ruled that a licence to possess a firearm under the Arms Act cannot be cancelled for reasons that are unrelated to the Act's provisions and have no bearing on the decision. The Bench of Justice AS Supehia also stated ..

Posted in Others |   144 Views


Arbitral Award Vitiated By Serious Fraud And Criminal Conspiracy Can Be Set Aside In A Writ Petition: Chhattisgarh High Court

   02 July 2022 at 10:39

The existence of an alternative remedy under Section 34 of the A&C Act is not a barrier to the maintainability of a Writ Petition to set aside an arbitral award that has been tainted by fraud and criminal conspiracy, according to the High Court ..

Posted in Others |   136 Views