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In M/S. Kushal Ltd. v. M/S. Tirumala Technocast Pvt. Ltd, the Gujarat High Court held that in order to find out whether a dispute relating to property is a 'commercial dispute' or not under the Commercial Courts Act, 2015, what has to be checked is if the concerned property is used 'exclusively' in trade or commerce. A Division Bench comprising Justices NV Anj..

Recently, a man was arrested at 1:30 AM from a South Mumbai Street for wandering at such a later hour. Acquiring the man, a Metropolitan Magistrates Court held that wandering on streets late at night in a city like Mumbai is not an offence. The Court further said that an offence ..

While clearing the air on the evidentiary value of sanction order for prosecution, the Punjab and Haryana High Court in a recent, remarkable, rational, refreshing and robust judgment titled State of Haryana v. Asman and another and connected matter in CRM-M-11894-2018 and another delivered as recently as on March 16, 2022 has observed that a sanction order (for pros..

Key Takeaways  A micro examination of the roots of inherent powers exercised by the Supreme Court and the High Courts in situations of contradictions facilitated by provisions governing the particular cause or matter in front of them.  Dissection of the word ‘inh..

Key Takeaways Fundamental Duties were incorporated into the constitution by the 42nd Constitution Amendment Act of 1976. li style="text-align: justif..

In Dharampal Satyapal Ltd. v. State of Maharashtra & Ors, the Gauhati High Court has held that only a Food Inspector has the authority to investigate a commission of offense under the Food Safety & Standards Act, 2006 (FSS Act). The background of this case is that a company (petitioner) was granted a license to..

Key Takeaways A brief introduction of the concept of complaints under the Code of Criminal Procedure, 1973. A brief explanation of the provisions that specifically deal with the process of complaints to the Magistrate. Few landmark judgmen..

In Suresh Babu @ Arakkal Arjunan Suresh Babu v. State of West Bengal, the Calcutta High Court held that a customer of a brothel visiting for sexual needs cannot be held liable for charges under the Immoral Traffic (Prevention) Act 1956. The Court further held that the 1956 Act is meant to punish offences related to int..

In Pauly Vadakkan v. Corporation of Cochin, the Kerala High Court has directed the State Government to grant funds to the Public Works Department (PWD) so that proper attention can be paid to road safety protocols across the State. The Court also asked the Senior Government Pleader to make sure that the protocols relat..

Key takeaways  What is Equal Remunerations Act,1976? What are the Salient features of the Act? How does the provisions under the Act guarantee no discrimination and Equal Pay for Equal Work? Whe..

Key Takeaways What is the Doctrine of Indoor management Origin of the doctrine Exceptions to this doctrine with case laws Introduction In the corporate..

In XXX v. XXX, the Karnataka High Court held that if a wife comments on her husband calling him impotent in front of the relatives, then the same would amount to cruelty u/s 13(ia) of the Hindu Marriage Act,1955. A division bench composed of Justices S. Sunil Dutt Yadav and K.S. Hemalekha, set aside the trial court jud..

In M/s Dwarka Portfolio Pvt. Ltd. versus Assistant Commissioner of Income Tax, the Delhi Bench of Income Tax Appellate Tribunal (ITAT) held that if a company files an appeal against an order passed by the revenue department, it will not automatically turn infructuous if it's name is struck off by the Registrar of Companies. li style="text-align: ..

In Rilgin V. George & Anr v. State of Kerala & Anr, the Kerala High Court has held that merely being in uniform does not attract the provisions of section 353 CrPC which talk about assault on a public servant to prevent discharge of official duties. The Court allowed the application for anticipatory bail filed ..

Key Takeaways Who is Lieutenant Governor? Functions, powers, and role of Lt. Governor. A comparative analysis between the State Governor and the Lt. Governor. Introduction p style="t..