The Hon’ble Supreme Court (SC), in the case of State of Kerala v Laxmi Vasant, has held that sub section 5 of Section 30 of the Indian Partnership Act, 1932 (Act) shall apply only if a person who was admitted into partnership when he was a minor, continues to be a partner on the date of attaining majority. The SC..
The Rajasthan HC has, in the case of Ganga Kumari vs. State of Rajasthan directed the State government to treat members of the transgender community as socially and educationally backward classes of citizens and to extend all kinds of reservations to them in cases of public appointments and admissions to educational institutions. li style="text-align..
The Hon’ble Supreme Court (SC), in the case of Mutha Construction v Strategic Brand Solutions (I) Pvt Ltd, has held that the Court has jurisdiction to remand back the matter to the Arbitrator for a fresh reconsideration if both the parties have consented to set aside the award and remit the matter for a fresh reasoned award. li style="text-alig..
Arbitration Matters Can Be Remanded Back For Fresh Decision Upon Due Consent Of The Parties: Supreme Court The Hon’ble Supreme Court (SC), in the case of Mutha Construction v Strategic Brand Solutions (I) Pvt Ltd, has held that the Court has jurisdiction to remand back the matter to the Arbitrator for a fresh re..
The Hon’ble Supreme Court, in the case of State of Gujarat v Jamia Ulama-E-Hind Gujarat and others [SLP(C) No. 019945 - 019946 /2021], has issued a notice on the Special Leave Petition (SLP) filed against the order of the Hon’ble High Court of Gujarat (HC) which observed that anti-conversion law shall not apply to consenting inter-faith marriages..
The Hon’ble High Court (HC) of Karnataka, issuing a writ of Mandamus in the case of All India Gaming Federation v State of Karnataka (WP 18703 of 2021), struck down the provisions of the Karnataka Police (Amendment) Bill, 2021(“Amendment”) which prohibited and criminalised online games of skill with stakes, as unconstitutional. li s..
KEY TAKEAWAYS PMLA which came into force in 2005 was enacted to prevent money laundering and to provide for confiscation of property derived from money laundering. The provisions of PMLA were challenged on the grounds of their vagueness and ambiguity, however there were good rea..
In the case of Minakshiben Laxmanbhai Paralia vs. State of Gujarat, the Hon’ble HC has held that an order of termination of employment while referring to an FIR, without departmental inquiry is bound to be stigmatic. In the instant case, the petitioner was an employee at the Gujarat Livelihood Promotion Company L..
The Hon’ble SC has observed, in B. Boraiah (through LRs) vs. M.G. Thirthaprasad and ors. that once a decree of the trial court is confirmed by the HC, then an application for any correction in the decree can only be maintained in the HC where the decree was confirmed. The issue for consideration in the instant SL..
Merger Of Trial Court’s Decree With The Order Of The HC: Application For Correction Can Only Be Maintained In The HC: SC The Hon’ble SC has observed, in B. Boraiah (through LRs) vs. M.G. Thirthaprasad and ors. that once a decree of the trial court is confirmed by the HC, then an application for any correct..
The Hon’ble Telangana HC has, in the case of Janapally Anjilaiah vs. The State of AP has held that conviction cannot be based solely on circumstantial evidence, unless the chain of evidence leaves no other conclusion except the accused’s guilt. In the instant case, Ananthaiah had lodged a complaint in 2008 ..
Setting aside an order of the National Consumer Disputes Redressal Commission (NCRDC), the Hon’ble Supreme Court (SC), in Jaina Construction Company v The Oriental Insurance Company Limited &Anr has held that insurance claims cannot be denied merely on the basis that there was a delay in intimation of the same to the Insurance Company. li s..
Conjectures Cannot Be Allowed To Take Place of Proof; Judges To Tread Cautiously In Circumstantial Evidence: Telangana HC The Hon’ble Telangana HC has, in the case of Janapally Anjilaiah vs. The State of AP has held that conviction cannot be based solely on circumstantial evidence, unless the chain of evidence l..
Setting aside an order of the National Consumer Disputes Redressal Commission (NCRDC), the Hon’ble Supreme Court (SC), in Jaina Construction Company v The Oriental Insurance Company Limited &Anr has held that insurance claims cannot be denied merely on the basis that there was a delay in intimation of the same to the Insurance Company. li s..
Rejecting a request by the police to install CCTV cameras inside two clubs and recreation centres to check gambling and other illegal activities, the Hon’ble High Court of Madras, in the case of MM Nagar Sports & Recreation Centre and Anr v The Superintendent of Police, Kancheepuram District, observed that such installation would be in violation of..
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