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

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 shop because she purchased it from its previous owner via a sale deed dat..

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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

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 appointment of a Local Commissioner does not decide any issue or adjudicate the rights of the parties and thus wou..

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History And Development Of Arbitration Law In India

KEY TAKEAWAYS Arbitration requires no introduction in the contemporary era of dispute settlement. It has successfully rep..

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Writ Jurisdiction Of Supreme Court With Relevant Judgements

Key takeaways The Supreme Court is given powers to issue writs for the enforcement of Fundamental Rights, under Article 32 of the Constitution. Habeas corpus is issued by the Supreme Court in order to question the legality of the detention of any individual by another person, in..

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Judicial Review In India

Key Takeaways The Doctrine of Judicial Review originated in USA. It comes under various articles of the Indian Constitution. Judicial Review plays a key role in upholding the supremacy of the Constitution, preventing misuse of power by the..

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

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 Other..

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Sex Workers Entitled To All Rights Available To Citizens But Cannot Claim Special Treatment On Violating The Law: Delhi High Court

The Delhi High Court has ruled that, while a sex worker has the same rights as any other citizen, she cannot expect special treatment if she breaks the law. The Court made the remark while denying interim bail to a sex worker who allegedly forced a minor girl into prostitution and refused to let her leave the brothel h..

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Section 311 CrPC Application Cannot Be Dismissed Merely On The Ground That It Will Lead To Filling In Loop Holes Of Prosecution Case: Supreme Court

The Supreme Court stated that an application under Section 311 CrPC cannot be dismissed solely on the grounds that it will result in the prosecution's case being filled in.  According to the bench of Justices DY Chandrachud and AS Bopanna, the power must be exercised whenever the court believes that any eviden..

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License To Use Software Is ‘Deemed Sale’ : Service Tax Not Leviable On Ground That Updates Are Provided : Supreme Court In Quick Heal's Case

The Supreme Court dismissed the Commissioner of Service Tax's appeals seeking to levy service tax of over Rs 56 crores on Quick Heal Technologies Ltd for the sale of anti-virus software between 2012 and 2014.  The Court ruled that the sale of software on CDs/DVDs is a sale of goods, and that once sales tax is ..

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The Family Court Bill Amendment 2022 Explained

KEY TAKEAWAYS The Family Courts Act of 1984 is modified by the Family Courts (Amendment) Bill of 2022.  State governments may create Family Courts under the Act.  Dates for the Act's implementation in various states may be an..

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Conditions Set By CBFC For Theatrical Release Of Movie Also Applicable To OTT Release: Kerala High Court On Prithviraj-Starrer 'Kaduva'

On Wednesday, the Kerala High Court ruled that the terms established by the Central Board of Film Certification (CBFC) for a movie's theatrical distribution must also be adhered to when it is broadcast on OTT platforms. Justice V.G. Arun noted that where the CBFC has already issued guidelines for a movie, they should be obeyed even if the OTT rights have been sold when de..

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National Sports Code 2011 Can't Be Read Like A Statute' : Supreme Court Allows Players To Vote In AIFF Executive Committee Election

The Supreme Court directed that 36 football players (24 male and 12 female) be represented in the electoral college for the upcoming executive committee election of the All India Football Federation, arguing that the "National Sports Code, 2011" cannot be read in the manner of a statute.  The bench made ..

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Labour Court Order For Reinstatement Squashed By Gujarat High Court ‘Consultant’ Cannot Raise Industrial Dispute Act

It was held In the case of Santram Spinners Limited v/s Babubhai Magandas Patel that a person working in ‘supervisory’ cannot raise an industrial dispute under the industrial dispute act. The supervisor use to get ‘consultancy fees’ and not salary. Hence, he cannot be termed as workman. /l..

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FIASCO Of The National Herald: A Case Study

Political vendetta used as a reason to cover money laundering and evasion from cases. Key takeaways The once renowned national magazine lost its popularity when Congress used it as its mouthpiece. Rajiv Gandhi and Sonia Gandhi acquire AJL t..

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'Latching On’ Feature Of Flipkart To Be Disabled: Delhi High Court

In the light of Akash Aggarwal v flipkart the Delhi High Court has ordered an interim on flipkart’s “latching on” feature Latching on is a process by which third party sellers are allowed to add various products of a certain brand into their own listings along with the photographs of the said brand..

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