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Case Analysis

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Merits of election petition cannot be seen unless and until it is maintainable and not barred by limitation

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[Arbitration and Conciliation Act] ‘Non-filing of a certified copy of arbitral award appropriate if sufficient explanation provided u/S 34’, Read Judgment

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‘Stamp Duty on partition memorandum cannot be imposed if family members had already taken possession of the property’, Read Judgment

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‘Passing of an order by a different officer than the one before whom documents were submitted does not amount to violation of natural justice,’ Read Judgment

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‘An order for payment of maintenance cannot be passed ex-parte without showing that the person is wilfully avoiding service,’ Read Judgment

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‘A transaction of lending money by a Non – Banking Financial Institution does not per se constitute a Commercial transaction,’ Read Judgment

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[Religious Endowment Act] ‘Suit u/s 92 CPC and u/S 2 can only be filed in a court of District Judge’, Read Judgment

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‘An employee cannot be terminated after his retirement when no proceeding was initiated during his service,’ Read Judgment

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[HMA] ‘Impleadment of a third person in proceedings u/S 13B not permitted’, Read Judgment

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‘Section 52 of the Transfer of Property Act does not bar the complete transfer of land during the pendency of the suit,’ Read Judgment

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‘There cannot be any discrimination in recovering the excess amount of pension on account of some persons being superannuated,’ Read Judgment

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HC on compliances under NDPS Act: 'Nefarious activities should not go scot-free...

Delhi High Court expounds Criminal conviction by a court is necessary for Forfei...

Jharkhand High Court

[S. 60 IEA] HC Holds: A person who has seen or heard a fact can be said to be di...

[Motor Vehicle Act] HC Opines: To assess the quantum of compensation, the Court must examine whether the permanent disability caused has any adverse effect on the earning capacity of the claimant, Read Judgment

Tripura High Court

HC Opines: There should be a liberal approach while dealing with an application for condonation of delay as the courts are not supposed to legalise injustice, Read Judgment

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HC Opines: Section 27 of the Arms Act is limited to only such cases where it violates Sections 5 and 7 of the Arms Act, 1959, Read Judgment

Tripura High Court

HC Opines: Compassionate appointment being an exception to Articles 14 and 16 of the Constitution of India, the consideration of any such claim can be made strictly by the scheme framed by the employer, Read Judgment

HC Opines: Merely putting the words and phrases “p... ...

HC Opines: Even if the criminal case is pending ag... ...

[S. 304-A IPC] HC Opines: Mere negligence would no... ...

HC examines essential elements required to establi... ...

HC directs University to pay Rs. 1 Lakh compensati... ...

HC expounds: Evidence of a child witness must be e... ...

HC opines: The testimony of the witnesses cannot b... ...

HC expounds: Interim maintenance under S. 125 CrPC... ...

HC expounds: Mere pendency of criminal case doesn’... ...

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Can Family Courts stay husband’s divorce petition if he doesn’t pay maintenance to wife? HC answers, Read Judgment

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HC: Trial court permission necessary for further investigation u/S 193(9) BNSS, Read Order

HC: Won’t permit quashing of a rape case on compromise, it’s an assault on women’s dignity, Read Order

Punjab and Haryana High Court

[Income Tax Act] ‘Educational institute whose earnings utilized for advancement of education cannot be denied benefit u/S 12AA, Read Judgment

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‘Judiciary must send a strong message that such criminality will not be tolerated’; HC refuses to grant bail to Bishnoi’s gang member, Read Judgment

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‘If an issue is not raised in the Trial Court, the Appellate Court cannot entertain it in accordance with the Principle of Waiver of Rights,’ Read Judgment

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‘Right of victim to remain anonymous to be sacrificed at the altar of right to information of the petitioner’, Read Judgment

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HC opines normally promoter used in RERA would not include landowner, Read Judgment

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NCLAT expounds that no consideration for any claim, which arises subsequent to liquidation commencement date, Read Judgement

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When seat of arbitration is at three places, the parties are at liberty to approach any one of the said three places, expounds HC, Read Judgment

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SC expounds: FIR by wife u/s 498A IPC on vague allegations against Husband and In-Laws in abuse of criminal law, Read Judgment

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Tribunal cannot conduct a roving and fishing enquiry to cull out the sanctity of transactions in a summary proceeding under IBC, rules NCLT, Read Judgement

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HC rejects plea that tax dues claimed will have priority as a “Crown Debt”, Read Judgment

[U.P Tenancy Act] ‘Civil Court’s jurisdiction to entertain suits for injunction by tenants not barred u/S 21’, Read Judgment

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‘Separation due to separate jobs, not valid evidence to establish desertion for grant of divorce’, Read Judgment

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‘In an application for maintenance under Section 125 of CrPC, the validity of marriage does not need to be conclusively determined,’ Read Judgment

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‘An arbitration clause contained in an independent but related document can be imported into a contract with no arbitration clause,’ Read Judgment

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HC Opines: Statutory authority cannot dispossess even a trespasser in settled occupation, without recourse to law, Read Judgment

Jharkhand High Court

HC opines: Deposition of the injured witnesses deserves a higher degree of credence, as their presence at the place of occurrence is assured, Read Judgment

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