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High Courts

Compassionate Appointment/ Job, pic by: India Legal

‘Offering compassionate employment to financially stable families would amount to misuse of the scheme’, HC dismisses application against LIC; Read Judgment

‘Right to Privacy cannot act as a medium to obstruct the course of justice’; HC directs UIDAI to provide Aadhaar details in trafficking cases, Read Judgment

Direct Tax Vivad Se Vishwas Bill 2020, pic by: 6 days ago www.rajyayojana.in

‘Failure to release tax refund timely violates principles of fairness’: Gujarat High Court rules in favor of taxpayer in refund delay case, Read Judgment

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‘Once NDPS procedures are followed, it’s the accused’s duty to explain possession’: HC reduces sentence in Ganja smuggling case while upholding conviction under NDPS Act, Read Judgment

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‘A second suit with the same issue cannot be dismissed as barred by res judicata if the matter in the first suit has not attained finality,’ Read Judgment

Arbitration Proceeding

‘Arbitration agreement must be honored unless valid grounds exist to disqualify the named arbitrator,’ Read Judgment

Arbitration Lawyer

‘Limitation period for arbitration begins from date of notice invoking arbitration, not contract termination,’ Read Judgment

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‘Further investigation cannot be refused merely on the ground that the statement of the accused was already recorded under Section 27 of the Indian Evidence Act,’ Read Judgment

Arbitration

Mention of place of arbitration in an award is not a mandatory requirement under Section 31 unless specifically contested, Read Judgment

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...

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Calcutta HC: Courts must duly consider defendant’s defense in leave to defend pr...

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‘The grant of decree of specific performance of agreement of sale is not an auto...

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

‘A government authority cannot withhold payment fo... ...

The bar against claims outside the resolution plan... ...

Moratorium under Section 14 of the IBC prohibits c... ...

Lifting the corporate veil can only take us to the... ...

Non-filing of arbitral award renders Section 34 ap... ...

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... ...

Non-filing of a cross objection against a finding... ...

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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

Food Safety.png

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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Executive authorities cannot evict occupants without due process; HC sets aside eviction notices, Read Judgment

Motor Vehicles Act

Legal Heirs of Deceased Driver Eligible for Compensation Under Personal Accident Cover Despite Driver’s Negligence, Read Judgment

Contempt of Court

Contempt proceedings cannot replace appellate remedies: High Court dismisses plea with costs, Read Judgment

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An ad-hoc employee cannot be arbitrarily replaced or denied renewal without proper justification, Read Judgment

High Court instructs Authorities to Report on Rehabilitation Status of Elephants at Bandhavgarh Tiger Reserve

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