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Case Analysis

Fundamental Rights

The petitioner cannot be deprived of his right as enshrined under Article 21 of the Constitution on the basis of the alleged misdemeanors of his brother, Read Judgment

Hindu Marriage

HC holds: A marriage under Hindu Law with Hindu customs and rites and ceremonies is not permissible between a Christian and a Hindu, Read Judgment

Appeal

HC Expounds: Expect a plea of maintainability, no new ground can be taken up by the appellant in an appeal, Read Judgment

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Calcutta HC: Courts must duly consider defendant’s defense in leave to defend proceedings, Read Judgment

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‘The grant of decree of specific performance of agreement of sale is not an automatic, but a discretionary relief, and should be exercised judiciously,’ Read Judgment

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‘Section 106 of the Evidence Act cannot be invoked merely because the accused and the deceased reside together, without discharge of burden by prosecution,’ Read Judgment

Provident fund dues, pension fund dues and gratuity fund dues cannot be part of Section 53 of the Code – Calcutta HC upholds employee benefits in insolvency proceedings, Read Judgment

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If a term of the contract is capable of two interpretations and the arbitrator’s view is plausible, the Court cannot interfere, Read Judgment

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Oral contracts are binding in arbitration: SC judgment on joint and several liability, Read Judgment

Delhi High Court: Mere discrepancy in Cheque amount not sufficient to discharge accused under NI Act, Read Judgment

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‘A government authority cannot withhold payment for completed contractual work on the ground of procedural lapses committed by its own officials,’ Read Judgment

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‘A government authority cannot withhold payment for completed contractual work o...

SARFAESI

The bar against claims outside the resolution plan applies only to the corporate...

Insolvency and Bankruptcy Cases, pic by: Business Today

Moratorium under Section 14 of the IBC prohibits continuation or initiation of S...

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Lifting the corporate veil can only take us to the accused – HC exposes fraud in Noida Sports City, Read Judgment

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Statutory Tribunals, not High Courts, must decide existence of debt– SC on IBC jurisdiction, Read Judgment

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An agreement of sale does not confer any title or interest – SC on validity of equitable mortgages, Read Judgment

Arbitration Proceeding

Non-filing of arbitral award renders Section 34 application non-est – Delhi HC on procedural defects in arbitration challenges, Read Judgment

IBC and utility services: NCLAT clarifies "essenti... ...

Financial creditor not responsible for default – N... ...

Dowry demands must be proven beyond doubt: Supreme... ...

Weak circumstantial evidence cannot sustain convic... ...

Compassionate appointments are not a right, but a... ...

Any casual or cursory approach by Courts in PMLA b... ...

Tribunal, instead of taking a holistic view, tried... ...

Plea of not receiving a signed copy of award canno... ...

‘Mere verbal abuse or vague allegations of threats... ...

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Judicial interference in Arbitration appeals limited, Supreme Court dismisses waiver contention, Read Judgment

Prospectus has the force of law – High Court rules against retroactive application of 1995 policy in freedom fighters quota for MBBS admission, Read Judgment

Bail Granted

Bail cannot be denied when fundamental rights are breached: Supreme Court slams Directorate of Enforcement’s arrest procedure, Read Judgment

Criminal Law

Criminal Law should not be used for harassment or vendetta: Supreme Court quashes charges in dowry and cruelty case, Read Order

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SC: Addition of Serious Offences in FIR no ground to refuse Quashing if ingredients not found, Read Judgment

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‘Court having jurisdiction over the seat of Arbitration would entertain a petition under Section 34 of the Arbitration and Conciliation Act’, Read Judgment

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‘The limitation period under Article 127 of the Limitation Act applies to applications under Order 34 Rule 5 CPC,’ Read Judgment

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HC Opines: An award cannot have any specific format as every judge writes his judgment in a particular style, Read Judgment

Installation of CCTV's in Courtroom

HC Holds: Installation and operation of CCTV cameras inside the residential portion of dwelling house without the consent of the co-trustee would amount to a violation of the right to privacy, Read Judgment

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HC Holds: If the ingredient of food in sealed packet is found to be unsafe, then prima facie liability will be of its registered manufacturer or its distributor and not of the restaurant, Read Judgment

Arbitration agreement

HC Opines: Merely because an arbitration clause exists in the agreement, it doesn’t oust the jurisdiction of the civil court, Read Judgment

‘Imposition of costs should be reasonable and should not restrict a litigant’s right to appeal,’ Read Judgment

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‘Transfer of a case cannot be ordered merely because a party expresses apprehension about the manner of hearing,’ Read Judgment

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HC holds: Non-providing the advance copy of the application under Section 50 of the PMLA to the accused is not a violation of principles of natural justice, Read Judgment

Domestic Violence

HC holds: While issuing notice under Section 12 of the DV Act, the court must look into whether the person implicated even living or lived with the aggrieved person in a shared household, Read Judgment

Forced Arbitration

‘Interference with an arbitral tribunal’s order under Articles 226 and 227 of the Constitution can be exercised only in exceptional circumstances,’ Read Judgment

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‘An involuntary and uncorroborated dying declaration cannot be the basis of a conviction under Section 302 of the IPC,’ Read Judgment

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Offence not only a menace to a particular individual but to the entire society; HC rejects bail application of petitioner booked under NDPS, Read Judgment

Interest on compensation must be calculated on total awarded sum; HC modifies land acquisition interest computation, Read Judgment

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