In Balkrishna Spintex Pvt. Ltd. v. The New India Assurance Company Ltd, the Gujarat High Court held that once a party has signed the discharge voucher without any protest, it loses its entitlement. A Single Judge Bench of Chief Justice Aravind Kumar noted that an arbitration application cannot be accepted merely on the..
According to the Gujarat High Court, a Wakf Board-registered institution that engages in commercial operations like publishing magazines in addition to providing religious education qualifies as a "industry" for the purposes of the Industrial Disputes Act. It further stated that a "Maulvi" who is in charge of overseeing such commercial activity—in th..
Key Takeaways Established in the year 1956. Headquartered in New Delhi, with zonal offices in 10 cities. Functioning under the Department of Revenue, Ministry of Finance. Investigates offenses under ..
Key Takeaways Establishing Central Vigilance Commission to address the issue of corruption in India. Created on the recommendations by the Committee on Prevention of Corruption. Complaint handling policy of CVC. li style="text-alig..
The West Bengal Duare Ration plan, under which the State government delivers food grains through the public distribution system at the doorsteps of beneficiaries, has been deemed valid by the Calcutta High Court. In the case of Sk. Manowar Ali & Ors v. The State of West Bengal & Ors, a petition was filed ..
In Abhishek V.S. & Ors. v. K.V.M. Hospital & Ors, NCDRC held that if a doctor fails in his duties to act with reasonable care, it will not be mere error of judgment, but it will amount to breach of duty of care and the patient would be entitled for compensation. A Division Bench comprising Justice R.K. Agrawal ..
In Subash Mohapatra & Ors. v. State of Odisha & Anr, the Orissa High Court held that the Vigilance Department of the State cannot be given complete exemption from the operation of the Right to Information Act, 2005. The Hon'ble Court also directed that information related to allegations of human right..
Key Takeaways The purpose and the main attributes of the Limitation Act, 1963 have been discussed in this article. Its function in reducing the number of petitions before legal institutions, effectively alleviating the pressure on them by further curbing repetitive litigations, ..
Key takeaways The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work. If the assignment period is not specified, it will be assumed..
Key Takeaways Subrogation is the substitution of one party for another. Provides the legal right to claim damages from a third party on behalf of another party. The Primary Area of Application is the Insurance Sector. li style="tex..
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..
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