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The Hon’ble SC has, in the case of R. Muthukumar vs. Chairman and Managing Director TANGEDCO, held that there is no principle of negative equality enshrined in Article 14 of the Constitution. If there has been, through an illegal order, a benefit conferred on a person or a set of people, the same cannot be multiplied and be used as a precedent for futu..

Setting aside an impugned order of the Patna High Court, the Hon’ble Supreme Court (“the Court”), in the case of KahkashanKausar @ Sonam v State of Bihar, held that general and omnibus allegations cannot manifest in a situation where the relatives of a complainant’s husband are forced to undergo trial. The Court further highlighted th..

In a hearing addressing an order issued by the School Education Board of Karnataka (KEB), banning the hijab across educational institutions in Karnataka, the High Court has appealed the student community of the State and the people at large to maintain peace and tranquillity. The controversial order passed by the KEB p..

Grant Of Default Bail On Failure To Take Cognizance Before Expiry Of Statutory Period Incorrect: SC The Hon’ble SC in Serious Fraud Investigation Office vs. Rahul Modi has held that an accused cannot claim the right of statutory bail if the Court has not taken cognizance within the period of 60 or 90 days as is ..

KEY TAKEAWAYS A compromise decree is not a court order but it is only the court's approval over something that the parties had agreed on themselves.  Prior to the amendment of the Civil Procedure Code in 1976, a compromise decree could only be issued concerning the suit. ..

The Hon’ble Apex Court has, in State of Andhra Pradesh vs. A.P. State Wakf Board has held that Article 26 does not interfere with the right of the State to acquire property. Thus, the Apex Court set aside the action of the Andhra Pradesh Wakf Board which declared 1654 acres of land as wakf property. In the instan..

The Hon’ble SC in Serious Fraud Investigation Office vs. Rahul Modi has held that an accused cannot claim the right of statutory bail if the Court has not taken cognizance within the period of 60 or 90 days as is provided in section 167 CrPC, if the chargesheet has been filed. This period is reckoned from the date of the remand. li style="text-..

 While stating that statutorily there exists no prohibition on child witnesses to depose in criminal or civil cases, except when the child does not understand the questions put to them, the Punjab and Haryana High Court in a learned, laudable, landmark and latest judgment titled Sanjay Vs State of Haryana in CRA-D-1903-DB-2014 (O&M) delivered as recently as..

Preliminary Inquiry Not Needed When Prosecution Of Witness Is Done Under U/S 195 IPC: Madhya Pradesh HC In the case of Laxman Rao vs. Court of Third Additional Sessions Judge, Guna and anr. the Hon’ble Madhya Pradesh HC has held that an inquiry is not an absolute necessity before prosecuting a witness under sect..

Setting aside the order passed by the National Company Law Appellate Tribunal (NCLAT), the Supreme Court (SC), in the case of Consolidated Construction Consortium Limited v Hitro Energy Solutions Private Limited,held that an operational creditor includes everyone person who provides or receives operational services from a corporate debtor, eventually leading..

KEY TAKEAWAYS The Right of Redemption is envisaged under Article 60 of the Transfer of Property Act. Under this right, the mortgagor can redeem the mortgaged property after the payment of the amount due. Where the mortgagor mortgages multiples properties with the same mortgagee,..

In the case of Laxman Rao vs. Court of Third Additional Sessions Judge, Guna and anr. the Hon’ble Madhya Pradesh HC has held that an inquiry is not an absolute necessity before prosecuting a witness under section 195 CrPC and the applicant does not have a right of hearing prior to the inquiry. In the instant case..

The Delhi HC in the case of Saleem Khan vs The State (Govt. of NCT Delhi), while upholding the conviction of the accused under section 307 read with section 324 of IPC has held that the testimony of the injured eyewitness is credible even in the face of procedural irregularities like the non-examination of the public witness and non-recovery of the offensive..

Supreme Court Bench, in the case of Indian Oil Corporation Ltd v Shree Ganesh Petroleum Rajgurunagar,has observed that an award will be patently illegal where the Arbitral Tribunal fails to acts on terms of the contract or ignores the specific terms of a contract. Brief facts of the case are that the Appellant took a p..

The House of Representatives, backed by the majority Democratic party, on Friday passed the America COMPETES Act of 2022 in a bid to promote competitiveness with China and boost the semi-conductor manufacturing in the US. The vote took place amidst the Congress’ criticism of the International Olympic Committee&rs..