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Arbitral Tribunal.jpg

SC expounds Interest rate awarded by the Arbitral Tribunal needs to be reasonable and justifiable [Read Judgment]

Supreme Court Arbitration.jpg

SC: HC needs to justify the appointment of arbitrators in an application u/S 11(5) & (6) of the Arbitration Act [Read Judgment]

Compassionate Appointment/ Job, pic by: India Legal

SC: Appointment of a person on compassionate grounds is a Concession not a Right [Read Judgment]

Airports Authority of India, pic by: India.com

SC: Terms of Tender making authorities not open to Judicial Scrutiny unless they are Arbitrary [Read Judgment]

supreme Court Live Updates.jpg

SC: Vague averment and mere use of the word ‘Fraud’ cannot Invoke Section 17 of the Limitation Act [Read Judgment]

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SC: Factors of Trivial nature do not take away the Substance of the matter [Read Judgment]

judgement

SC: Subsequent allottee has a right to make submissions defending the cancellation order [Read Judgment]

Examination

HC: Issuance of Marksheet not allowed for Impermissible Attempt in an Improvement Exam [Read Judgment]

Clerk- Employee.jpg

HC: State Government is entitled to prescribe higher qualifications than the minimum qualifications prescribed by NCTE [Read Judgment]

Indian Railways.jpg

HC: Absence of 'Intention to self-inflict' required to avail Compensation u/s 124-A of the Railways Act [Read Judgment]

Narcotic Drugs and Psychotropic Substances

HC: Before Suspending License under of Drugs and Cosmetics Rule, 1945 authorities must consider explanation [Read Judgment]

Clerk- Employee.jpg

HC: Absence of Approval does not render an Appointment per se Invalid [Read Judgment]

Railway Station.PNG, pic by et

HC: Missing of Ticket not a ground for Denial of Compensation u/s 124-A Railways Act [Read Judgment]

Bombay High Court

HC: Similarly Situated persons covered by the same notification may not be Discriminated [Read Judgment]

Order-Order-gavel

HC: Obligatory for the Appellate Court to reverse a finding of the Trial Court while making an Order of Remand [Read Judgment]

Forest Land.jpeg

SC: Section 24(1)(a) of the Land Acquisition Act, 2013 is not applicable to the provisions of the State Land Acquisition Act, 1990 [Read Judgment]

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SC examines Whether post-dated cheques issued as security will be covered u/s 138 NI Act, 1881 [Read Judgment]

Suit For Specific Performance.jpg

SC: Continuous readiness and willingness of purchaser, a condition precedent for relief of specific performance [Read Judgment]

Insurance Compensation.jpg

SC: Less Valuation in Claim Petition, not Impediment to award Just Compensation exceeding the claim amount [Read Judgment]

southern railways

[Railways Act, 1989] HC: Death or injury while boarding or de-boarding a train will be an ‘untoward incident’ entitling a victim to the compensation [Read Judgment]

Central Vigilance Commission

SC: Competent Authority subjected to Administrative Action u/s 8(1)(f) of Central Vigilance Act for Delay [Read Judgment]

AFT Act (Removal of Difficulties) Order,2008

SC: Appropriate Classification of Multitasking Machine to be decided by its principal function [Read Judgment]

SC: Family of a Deceased work charged employee entitled to get a Family pension or not? [Read Judgment]

Forest Land.jpeg

SC: Section 11A applicable where acquiring authority failed to comply with requirement of section 17(3A) Land Acquisition Act, 1894 [Read Judgment]

Stamp Duty.jpeg

SC: Member of the Society executing document in his own Capacity not entitled to remission of Stamp Duty [Read Judgment]

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SC: Unless the findings recorded are found perverse, HC is not required to Interfere u/s 100 CPC [Read Judgment]

Vicarious Liability.jpg

SC: Without proving the responsibility for Conduct of Business, Company’s Director is not Vicariously Liable [Read Judgment]

Real Estate

SC: Mere disapproval by Single Member in Minority cannot negate the decision of the General Body [Read Judgment]

Stock Exchange.jpg

SC: Certificate of Registration and payment of Ad Valorem fee required for each Stock Exchange [Read Judgment]

bank.jpg, pic by dawn

SC: Petitions Challenging the validity of Banking Regulation (Amendment) Act 2020 to be transferred to Madras HC [Read Order]

SC: NCDRC ought not to go beyond the Grounds of Repudiation and into the Nature of Coverage [Read Judgment]

Forest Land.jpeg

[LA Act, 1894] SC: Sale Deeds post Section-4 notification bona fide if agreed between parties [Read Judgment]

Arbitration agreement

SC: No legal Impediment to the enforceability of Arbitration Agreement, pending payment of stamp duty [Read Judgment]

UGC

SC: Binding nature of amended UGC Regulations not questionable if lacking specific acceptance by state [Read Judgment]

Supreme Court- Motor Accident Claims.jpg

SC: Award under ‘The Loss of Dependency & Future Prospect’ to be reasonably considered while compensating [Read Judgment]

Amarpali- Real Estate.jpg

[Masoodpur Crematorium] SC: A mere subsequent residing of locality not a ground to shift crematorium [Read Judgment]

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SC: Court granting Interim Bail on Medical Condition may have benefit of an examination by Medical Board [Read Judgment]

SC: ‘Vacant Seats’ not a Ground to grant Admission unilaterally without Intimating State Govt [Read Judgment]

National Green Tribunal.PNG

SC to NGT: One Principle cannot be applied in isolation from the other [Read Judgment]

HC: Court should adopt Beneficial Rule of Construction if facing ambiguity in Regulation 7 of Pension Regulation [Read Judgment]

Possession of Immovable Property, pic by: makaan.com

HC: Temporary Injunction for Alienation of Property during pendency granted only if party has clean hands [Read Judgment]

Supreme Court & DY Chandrachud.jpeg

SC: A person conducting a Two-Finger Test or Per Vaginum Examination will be held guilty of Misconduct [Read Judgment]

Indian Railways.jpg

SC: Commission Vendors entitled for counting 50% of Service Period for pensionary benefits by Northern Railways [Read Judgment]

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SC: Maha Govt. Resolution providing 20% Reservation for in-service candidates applicable for Academic year 2022-23 [Read Judgment]

Criminal Law

[S. 319 of Cr.PC.] SC: Mere Prime Facie Evidence is not sufficient to summon Additional Accused [Read Judgment]

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[POCSO Act, 2012] SC: Non-Reporting of Sexual Assault against Minor Child despite having Knowledge, a Serious Crime [Read Judgment]

Death Sentence.jpg, pic by ht

SC Expounds: Cumulative effect of aggravating factors and mitigating circumstances to be considered before awarding Death Sentence [Read Judgment]

Forest Land.jpeg

SC: Pending Litigations not a ground for lapsing of Acquisition u/s 24(2) Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Read Judgment]

Indian Ports.jpg

[‘Processed Iron Ore’ Export] SC: Benefit of Additional Licence for Export is a form of an Incentive not a matter of Right [Read Judgment]

Banking Disputes- Payment.jpeg

SC: Further Extension for Payment as per OTS Scheme not a matter of Right of Borrower [Read Judgment]

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[A&C Act, 1996] SC: Proceedings of Minority Shareholder pending before NCLT for oppression and mismanagement not a ground to dismiss Application u/s 11(6) [Read Judgment]

Industrial Township.jpeg

SC: ‘Industrial Townships’ Inclusion in ‘Local Areas’ for Entry Tax not violative of Article 243-Q of Constitution [Read Judgment]

order

SC: Power of Judicial Review is evaluation of decision-making process not of merits of decision itself [Read Judgment]

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SC: Landlord not bound by Contractual Rate of rent effective for the period preceding Decree Date [Read Judgment]

Forest Land.jpeg

SC: Purpose for Land Acquisition must be taken into consideration while deciding its market value [Read Judgment]

SC cautions Insurance Companies: Mandatory Compliance of Clause (3) & 5(4) IRDA Regulation, 2002 necessary to access right to plead repudiation [Read Judgment]

Indian Judiciary

Can recommendations made by State under Rules be challenged as 'Arbitrary'? SC decides [Read Judgement]

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[Vice-Chancellor Appointment] SC: Lien continued on the post of a Professor cannot be considered as teaching experience [Read Judgment]

Job Vacancy.png

[U.P. ACO’s Recruitment]SC: Inter Se Seniority b/w Promoter & Direct Recruits determined as per U.P. Revenue Consolidation Service Rules, 1992 [Read Judgment]

Employment Contract.jpg

SC: Letter of Credit is Independent of and Unqualified by Contract of Sale or Underlying Transactions [Read Judgment]

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SC finds crucial date in GO issued by Kerala Govt to be the date of commencement of commercial production [Read Judgment]

SC: Non-disclosing conviction for an offence like ‘dharna’ under Kerala Police Act not within purview of S. 102(1)(ca) Kerala Panchayat Raj Act, 1994 [Read Judgment]

Settlement- Agreement- Lawyer-Client- Suit.jpg

[Security Interest (Enforcement) Rules, 2002] SC: Period referred in Rule 9(4) not Sacrosanct and may be extended if there is Written Agreement b/w parties [Read Judgment]

SC: Deduction u/s 80-IB of Income Tax Act for polyurethane foam seats ultimately used as automobile seats not allowed [Read Judgment]

Forest Land.jpeg

SC: Liability to pay Statutory benefits & Interest for delayed period of 22 years may increase project cost which is against Public Interests [Read Judgment]

Property-Laws

SC: Before effecting sale of Immovable Property, Authorized officer to take all precautions [Read Judgment]

Employment Contract.jpg

SC: Court duty bound to reject exercise of any discretion outside the realm of Contract [Read Judgment]

Contract and Agreement.jpg

SC Decides: Whether Contractual Clause enabling Corporation to recover ‘charges’ includes recovery of demurrages?’ [Read Judgment]

Documents at Trial Stage in Court.jpg

SC: Court at referral stage can only interfere when Claims are ex facie Time-Barred and dead [Read Judgment]

Clerk- Employee.jpg

SC: Mere long period continual service on Contractual basis not ground for regularization and permanency [Read Judgment]

Forest Land.jpeg

SC: No Possession or non-payment of compensation needed to attract Section 24(2) Rehabilitation and Resettlement Act, 2013 [Read Judgment]

Domestic Violence.jpg

SC: Appointment cannot be denied if person was tried u/S 498A IPC which resulted in Acquittal [Read Judgment]

uniform civil code.jpg

[Order 33 Rule 5 of CPC] SC: Permission to Sue as Indigent person not allowed if allegations in plaint have no Cause of Action [Read Judgment]

Private Property, Pic By: MultiBriefs

SC: Acquisition Proceedings subject matter of Litigation, Authorities can't take possession [Read Judgment]

senior-citizen (Pic By Google).jpg

SC: Senior Citizen is sine qua non for Effecting Transfer subject to 'providing basic needs to transferor' [Read Judgment]

Supreme Court- Motor Accident Claims.jpg

SC Expounds: Determination of ‘Just Compensation’ under Sec-168, MV Act an never be arithmetically exact or perfect, Court's discretion decides [Read Judgment]

Civil Suit's maintainability, pic by: Legal Firms in Dubai

SC: When there is cloud over Title, a Suit for mere Injunction is not maintainable [Read Judgment]

Land Acquisition- Real Estate.jpg

[Land Acquisition] SC: Sec-24(2) doesn't give rise to new cause of action to question legality of concluded proceedings [Read Judgment]

Tribals of Manipur

SC Expounds: Daughter belonging to Tribal Community entitled to an equal share in property, amendment needed in Hindu Succession Act [Read Judgment]

accident, Supreme Court.jpg

SC: 'Just Compensation' should include elements placing Victim in as near position as before Accident [Read Judgment]

Maintenance Case.jpg

SC: If no delay/lapse on part of applicant for producing document; Applicant can’t be punished for no fault attributable to him [Read Judgment]

SC Expounds: Prayer Clause, a sine qua non for Decree of Refund of earnest money [Read Judgment]

Sale Deed.jpg

SC Reiterates: Liability estimated with reasonability & certainty not contingent and dischargeable at future date [Read Judgment]

Medicines

SC permits Pharmacy Council of India to process Applications for the next academic year 2023-2024 [Read Order]

Documents at Trial Stage in Court.jpg

HC Expounds: Inconsistent pleas can be incorporated via amendment in Written Statement but not when they change Cause of Action [Read Judgment]

transgender.PNG, pic by it

Setting up of Shelter for transgenders; insurance cover for sex re-assignment surgery, under deliberation [Chandigarh Admin to HC]

SC declares Regulation 153(15) of the Kerala Electricity Supply Code, 2014, Invalid [Read Judgment]

HC dismisses Anticipatory Bail Application on allegation of use of drones to transport drugs and weapons, cross border [Read Judgment]

Chandigarh University.jpg

HC grants Bail to Co-Accused in Chandigarh University Video Leak Case [Read Judgement]

GST

HC Expounds: Dismissing Appeal for Restoration of GST Registration with a delay of 1 day is Hyper Technical [Read Judgement]

Police Investigation

HC: Once Criminal Law is set into motion by Police, it becomes Police Official's duty to depose before Court [Read Judgment]

Dowry-Case

Dowry Articles /‘Stridhan’ of Deceased wife – who is entitled to custody? [Read Judgement]

Govt. Office.jpg, pic by google

HC: No Departmental Proceedings against a Retired Employee for misconduct done 4 years prior to issuance of chargesheet [Read Judgement]

Settlement- Agreement- Lawyer-Client- Suit.jpg

HC Expounds: O.8 R.1 of CPC is not mandatory in case of non-commercial suits [Read Judgement]

Rent -Tenant-Property.jpg

HC expounds issuance of non-payment of rent can be determined by the Rent Controller once the relationship of landlord-tenant is clear [Read Judgment]

HC: Pension Amount not a Pecuniary Advantage liable for deduction under Motor Vehicle Act, 1988 [Read Judgement]

Child Born out of Live-in Relationship

HC Decides: Entitlement of Family Pension Share after child born out of first marriage ceases to get it [Read Judgement]

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Can a wife ask for Maintenance when Compromise providing Lump Sum Alimony was already done?[Read Judgement]

HC Expounds: Under Sec- 482 CrPC, Court cannot embark upon an enquiry as to allegations made in FIR [Read Judgement]

Insurance Compensation - Motor Accident 2.jpg

HC: Motor Accidents Claim Tribunal must include loss of consortium and future aspects @40% while compensating [Read Judgement]

Rent -Tenant-Property.jpg

HC: Tenant possessing Suit Property cannot be deprived of Electricity by Landlord [Read Judgement]

Scheduled Caste and the Scheduled Tribes Act Cases (Pic by Google).jpeg

HC: If accused was unaware complainant's background; bar u/S. 18 & 18-A of SC/ST Act will not be applicable [Read Judgment]

Juvenile Crimes, pic by: Governance Now

HC Expounds: Bail a General Rule for Juveniles, subjected to exceptions provided u/S. 12 Proviso, JJ Act, 2015 [Read Judgement]

India to remain fastest-growing economy

HC Opines: Economic Offence having deep-rooted conspiracies and huge loss of public funds must be taken seriously [Read Judgement]

HC: Constitutional Guarantee of expeditious trial not dilutable by applying rigors of Sec- 37 NDPS Act in perpetuity [Read Judgment]

Motor Accident Claims Tribunal (MACT).jpg

[MACT] High Court reiterates for 41 and above years of age, a multiplier of 14 is applicable [Read Judgement]

HC to Magistrates: Give two Separate dates for Publication of Proclamation to prevent violation of Sec- 82 Cr.P.C [Read Order]

[Streetlight Scam] HC grants Anticipatory Bail to Former OSD of Punjab’s former CM Captain Amrinder Singh[Read Order]

Child Marriage- Underage Marriage.PNG

HC Opines: Minor Children of Widow's Daughter-in-Law are entitled to Maintenance u/s 19 HAMA, 1956 [Read Order]

Constitution Of India (Pic by Google).jpg

HC Reiterates: Article 21 of Constitution includes Right to Live with Human Dignity and Free from Exploitation [Read Judgment]

Documents at Trial Stage in Court.jpg

HC Expounds: Amendment in Written Statement to Counterclaim for Adding Facts already on record wouldn't cause prejudice [Read Judgement]

Cheque Cases

[S.138 NI Act] HC Expounds: Complainant’s Consent not mandatory for compounding case when adequately compensated [Read Judgment]

Interrogation and Confession.jpg

HC Reiterates: Tool of Custodial Interrogation can't be used to extract a Confession [Read Judgment]

HC Expounds: Detention not only deprives a person of his Fundamental Right of Personal Liberty but also Freedom guaranteed u/A 19(1) [Read Judgment]

Shiromani Gurdwara Parbandhak Committee

HC Opines: Misappropriation of Gurudwara’s Funds hurts Sentiments of people [Read Judgement]

Civil Suit's maintainability, pic by: Legal Firms in Dubai

HC allows Application for amendment in Plaint and Decree passed in a Suit for Declaration in 1991 [Read Judgment]

order

[O.7 R.11 - CPC]- HC Opines: Mere Nomenclature of an Application wouldn't be determinative of its maintainability [Read Judgment]

Divorce, Custody.jpg

HC Reiterates: Child’s Father is equally responsible for Maintenance & he can't absolve from responsibility [Read Judgement]

Order-Order-gavel

[O. XXVI R. 9 CPC]- HC Opines: Order refusing to appoint a Local Commissioner is not Revisable Order [Read Judgement]

Rent -Tenant-Property.jpg

HC Expounded: Co-sharer cannot be injuncted from selling his property share even though sold by way of specific khasra no. [Read Judgement]

Land Acquisition- Real Estate.jpg

HC Reiterates: Joint Holders of Suit Property not Separate Legal Entities [Read Judgement]

Rent -Tenant-Property.jpg

HC Expounds: To establish Adverse Possession, one must show his Possession to be adequate in continuity and in publicity [Read Judgement]

Criminalization of Politics.jpg

HC: Apprehension of Justice being thwarted because of unholy Political Nexus having highest echelons of power [Read Judgement]

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