Expand

O P Jindal Global University

trademarkclick

Chahat Arora

Taxes

ITAT Delhi: Income Tax Act does not prohibit HRA exemption on rent paid to wife

Delhi High Court.jpeg

Stay order issued on notice issued by Petroleum and Natural Gas regulatory board to Gail Gas Ltd: Delhi High Court

Telangana High Court

Obesity is not a lifestyle disease: 12 percent GST payable on pharmaceutical pellets, granules except Orlistat Pellet: AAR

If excluding time from CIRP aids the Corporate Debtor to revive its operations, then such exclusions must be permitted: NCLAT

Karnataka High Court.jpg

Properties given as dowry to be included in partition suit instituted by daughter under Hindu Succession Act: Karnataka High Court

HDFC Bank

Relief to HDFC Bank: Bombay High Court quashes reassessment notice as jurisdictional condition not satisfied

Road Tax paid at the time of purchase of vehicle and Toll Tax paid on highway are distinct taxes and does not amount to Double Taxation: Telangana High Court

Calcutta High Court.jpg

“Take recourse to CrPC”: Calcutta High Court dismisses writ petition under article 226 seeking directions for registration of FIR

Delhi High Court

Order XLVII CPC states that error which is not self-evident or has to detected by implication of rationality not “Error Apparent” for exercising power of review: Delhi High Court

Madras High Court.jpg

Victim’s testimony sufficient for conviction unless there is strong reason to not consider it: Madras High Court

Rajasthan High Court Building (Pic By Google).jpg

Judicial discretion cannot be based on sentiments: Rajasthan High Court dismissed plea opposing closure of century old railway school running in losses

Andhra Pradesh High Court.png

Improvement in charge sheet without supporting material is a ground for quashing proceedings under Section 482 CrPC: Andhra Pradesh High Court

Calcutta High Court.jpg

“Not a case where family can’t arrange two square meals: Calcutta HC denies compassionate appointment to Petitioner whose mother is working

Supreme Court.jpg

No offence of Abetment under Section 14C of Foreigners Act if there was no awareness about visa status of foreigners: Supreme Court

NCLT

Initiation of CIRP not mandatory for maintainability of an Application against Personal Guarantors U/S 95, IBC: NCLT, Kochi

Delhi High Court.jpeg

Can husband be punished under Section 377 IPC when marital sex is an exception under Section 375? Delhi High to consider

Supreme Court.jpg

Entertaining a writ petition under Article 32 is confined to only determine if there was infringement of any Fundamental Right: Supreme Court

Supreme Court.png

Gravity of offence should be the paramount factor in deciding the sentence of an accused.

Supreme Court Pic.png

The bail application shall not be rejected in a single sentence on the ground of an appeal case lying sub – judice before the Appellant Authority

supreme court

An application seeking execution of a decade old order passed by the Apex Court pertaining to revision of pensions

Limitation Act

Application preferred under Section 12 of the Act cannot be barred by limitation as its scope is only limited for seeking a response from the opposite party: Supreme Court

CRPF Soldier.png

Non disclosure of facts pertaining to the pendency of a criminal case against an employee is in itself a ground to terminate the services of the said employee.

Karnataka High Court

Revision petition of the petitioner was dismissed by the Karnataka High Court by making relevant observations pertaining to Code of Criminal Procedure.

Supreme Court of India.jpeg

Subsequent purchaser has to plead to prove that he was a bona fide purchaser, who entered into the transaction prior to the order of attachment.: Supreme Court

Punjab and Haryana High Court

Powers of Court under Order 7 Rule 11 of CPC are mandatory in nature, rules HC [Read Order]

Punjab and Haryana High Court.jpg

The mother's or father's right to the custody of a their minor child is no longer absolute: HC [Read Order]

Punjab and Haryana High Court

Court need not interfere in matter of compassionate appointments in absence of any policy qua the contractual employees, rules HC [Read Order]

FIR.jpeg, pic by medium.com

A person who is not a complainant cannot seek directions from Court to add a particular offences in FIR registered at the instance of another: HC [Read Order]

After wife and children are rendered ineligible due to any factor, dependent parents of deceased are entitled to service pension, holds this HC [Read Order]

Punjab and Haryana High Court

HC: In this modern era, there is a clamour for equity of sexes and merely because the applicant is a wife, the Court should not be swayed by emotions tilting towards fairer sex [Read Order]

Parole/ Bail/ Prison/ Sentence/ Jail, pic by: Time Magazine

HC: Anticipatory bail on behalf of the petitioner who is a proclaimed offender is not maintainable [Read Order]

Punjab and Haryana High Court

Parties having any right, title or interest in disputed property are necessary parties even for the purpose of granting/refusing relief of injunction in Suit, rules P&H HC

birth certificate (Pic by Google).jpg

Birth certificate issued by the Corporation or Municipal Authority has to be given eminence, but not if such certificate is shrouded by suspicious circumstances, holds HC

Punjab and Haryana High Court.jpg

Once a suit for a permanent injunction is decreed, the Executing Court could not render the said decree nugatory by holding that the petitioner ought to file a suit for partition: HC [Read Order]

Andhra Pradesh High Court.png

The supply of essential commodities to fair shop price shop cannot be stopped during enquiry unless the authorization is cancelled: Andhra Pradesh High Court

Gujrat high court.jpg

Whether a Magistrate can reject the application instituted under Section 313 CrPC requiring accused to explain evidence procured against him? Gujarat High Court will assess the same

No clash between Section 17B of the PF Act and IBC, NCLAT directs full payments of PF

Bombay High Court

Child cannot be convicted as an adult even if it commits crime grave in nature: Bombay High Court

Madras High Court.jpeg

Court cannot act as post officer to collect and exchange information: Madras High Court

Income Tax directives

ITAT Delhi: Income Tax Act does not prohibit HRA exemption on rent paid to wife

Any remuneration received by a partner of a Partnership Firm is not a service: CESTAT quashes service tax demand

Increase money.png Pic By TOI

Once a single instrument has been charged under a correct charging provision of the Statute, the Revenue cannot split the instrument into two: Apex Court

Bail Granted

Bail can always be revoked if the relevant factors has not been considered by the lower court while granting it: Supreme Court

Supreme Court.png

When the proceedings are at a nascent stage, scuttling of the criminal process is not merited, says Supreme Court

Supreme Court.jpg

The employee taking advantage of his own absence at the time of serving of suspension period and thereafter is contradictory to principles of service jurisprudence.

CLAT Examination

CBDT policy of providing grace marks is introduced with the purpose of enabling the marginally failing candidates to pass in the examination and not to secure extra marks: Supreme Court

Telangana High Court

Preventive detention order should have a direct and proximate link to the event, mere apprehension of disruption of “public order” is not sufficient in passing the same.

Domestic Violence Act,2005

The aggrieved woman who was subjected to domestic violence has remedies under the D.V. Act, even when the martial ties were exhausted, observes Apex Court

Madras High Court.jpeg

“Lack of jurisdiction is completely different from a refusal to exercise jurisdiction”, observes Madras High Court

Indian Electricity

Power plant to qualify as “Captive Generating Plant” under Section 9 read with clause (8) of Section 2 of the Electricity Act, 2003 should qualify the statutory conditions: observes Supreme Court

Tax

The revenue notices issued under the impugned Section of 148 of the IT Act, should have assumed to be deemed to have been issued under Section 148A of the IT Act, observes Top Court

jail

Inmates of an old age home have no legal right to protect their possession without complying with the corresponding obligations, observes Supreme Court

Supreme Court

The objective of substitution of sub-Rule (2) of CPC is to avoid the possibility of remanding back the matter after the decision on the preliminary issues is made, observes Supreme Court

Pregnant Woman- Pregnancy.jpg

Denying beneficiaries of nutritious food particularly pregnant women, is violative of the fundamental right" observes Karnataka High Court

Kerala High Court.jpg

Under Kerala University First Statute, 1977, ‘Disciplinary authority’, is the authority competent under the statute to impose penalty and not the Manager of the College, observes Kerala High Court

Arbitration and Conciliation.jpg

HC: Distant relatives of the parties can't be rendered to be ineligible for being appointed as an arbitrator, if both the parties agree [Read Judgement]

Cheque Cases

Section 138 NI Act: Neccessary to prove instrument not issued under accused's knowledge and supervision for quashing of proceedings

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

No case for rejecting the suit, under Order VII Rule 11 of the CPC, could be said to exist on the basis of the averments contained in the plaint, reiterated Delhi High Court.

Indian Judiciary

Judicial intervention in the findings of the COC can only be justified IF the decision of CoC IS wholly capricious, arbitrary, irrational: Apex Court

judge Gavel.jpg

SC: Statutory requirements under West Bengal Reforms Act are pre- requisite for any further enquiry as stated under Section 9 of the Act [Read Judgement]

Documents at Trial Stage in Court.jpg

The incumbent who is alleged of suppressing the material information or has made a false declaration has a right not to be dealt with arbitrarily, says Supreme Court

Insurance policy

SC: In case of overlapping policies, Courts should adopt a careful approach in considering policy which seeks to exclude liability on part of the insurer [Read Judgement]

Money Laundering

Even in cases of PMLA, the Court cannot proceed on the basis of preponderance of probabilities”, observes Supreme Court.

Supreme Court Arbitration.jpg

SC: Dispute regarding termination of mandate of Arbitrator can't be decided in an application under Section 11(6) of the Arbitration Act [Read Judgement]

SUPREME COURT 10.png

There is no straight jacket formula to arrive at the quantum of deduction of development charge observes Supreme Court

Rent -Tenant-Property.jpg

HC: Contributions towards consideration made from joint funds may be ascertained in the ratio in which the two persons have their interest in the fund [Read Judgement]

Delhi High Court.jpeg

It is well settled that the tendering authority must comply with its own terms and conditions, states Delhi High Court

National Consumer Disputes Redressal Commission

SC: Can't appeal against NCDRC order under Section 58(1) (a) (iii) or under Section 58(1)(a)(iv) of the Consumer Protection Act, 2019 [Read Judgement]

Corporate Veil- Court- Trial- Judge.jpg

Commission of fraud and misrepresentation by the Directors/ Shareholders sufficient causes to lift corporate veil: High Court [Read Judgement]

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

SC: Defendants cannot be relegated to the position prior to the date of hearing of the suit when an ex- parte decree was passed

Hindu Undivided Family

SC: Hindu Father/ Managing Member of HUF has power to make a gift of ancestral property for a ‘pious purpose’ [Read Judgement]

IBC Image.jpg

SC: IBC overrides SARFAESI Act, thereby prohibits any action to foreclose, recover or enforce any security interest created by Corporate Debtor [Read Judgement]

Lok Adalat.jpg

Permanent Lok Adalats are not allowed to bypass the steps enshrined under Section 22- C of the Legal Services Authority Act, 1987, observes Top Court

SC: Need to indicate reasons while granting bail, particularly in cases concerning serious offence [Read Judgement]

Employment Contract.jpg

SC: No straight jacket formula to calculate whether contract is a contract of service or a contract for service, depens on totality of factors [Read Judgement]

Educational Institution, pic by: thelostpaper.com

SC directs steps to contain practice of charging of Capitation Fee by Private Eductional Institutions [Read Judgement]

Forest Land.jpeg

SC: Land Acquisition proceedings cannot be said to have been lapsed solely on the ground that the amount of compensation payment was not made to the Court [Read Judgement]

Arbitration pic.jpg

HC reiterates: An Arbitral Award can only be interfered with if it is in conflict with the Public Policy or unsustainable in the eyes of law [Read Judgement]

Supreme Court1.jpeg

The Arbitral Tribunal would cease to have any discretion with regard to the aspects covered under clause (a) of sub-section (7) of Section 31 of the A&C Act 1996,observes Supreme Court

Court- Bar Election.jpg

SC: Amendment to the stated enactments cannot be a legitimate ground for protracting issue of election programmes local bodies

Merger and Acquisition

SC: Meeting twin conditions under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 mandatory for acquisition

SUPREME COURT 13.png

When it comes to the question of merit, the principles of the maxim actus curiae neminem gravabit, are of more serious and emphatic application”: Supreme Court

Criminal Cases

SC: In cases wherein the applicants suppress material facts concerning past criminal antecedents, determinitive factor is whether it was deliberate

Forced Arbitration

For submission to arbitration, there must be an arbitration agreement or an agreement in terms of Section 21 of the Arbitration Act, 1940: Supreme Court.

If lack of disclosure of evidence amounts to violation of Principle of Natural Justice, writ petition under Article 226 is remedial

Karnataka High Court.jpg

Unless the involvement of the accused persons is not proved with respect to handling of the day-to- day affairs of the company, they cannot be held vicariously liable: Karnataka High Court

HC: Compensation Pension is not relatable to the length of service rendered, only in deserving cases special consideration has to be given

Cheque Bounce Case-Negotiable Instrument Act.jpg

SC: Directors and other persons responsible for the conduct of business cannot said to be vicariously liable if no offence is attributed to Company

Arbitration Award.jpg

Domestic Arbitral Award can be set aside if it is in conflict with public policy of India: Delhi High Court [Read Judgement]

Labour Court, PIC BY: The Citizen

The Labor Court is not precluded from deciding the dispute on merits even if there is violation of Section 33(2)(b) of the I.D Act: Karnataka High Court

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

A defendant in a plaint cannot insist that the plaintiff should sue a third party. He can only defend the plaint qua the allegations made against him: Delhi High Court

Judge- Court.jpg

Party can't compel Courts to pass Decree/ Order which it either does not have an authority in law to pass, or cannot be sustained in substantive law: High Court

Trademarks

No ex parte evidence needs to be adduced in cases where the defendant willing chooses to remain ex - parte: Delhi High Court

Judicial Review India.jpg

Power conferred on the High Court by Article 227 is a power of superintendence and not a power of judicial review: High Court

Bombay High Court.jpg

It is the right of every person to cross- examines the witness on whom reliance has been placed by the Authorities: Bombay High Court

As per Bank Circulars, if fraud is above ₹3 crores, complaint shall be filed before the CBI Anti Corruption Branch: High Court [Read Judgement]

If State actions are violative of fundamental rights and are wholly unreasonable & unfair, Courts should exercise jurisdiction under Article 226: High Court

Delhi High Court

The Government cannot grant recognition to a NSF whose constitution is not in consonance with the Sports Code: High Court

Indian Railways.jpg

Bombay High Court allows the appeal instituted under Section 23 of the Railway Claims Tribunal Act, 1987

Bank Guarantee.jpeg

HC: Can't interdict unconditional bank guarantee if fraud of an egregious nature in commercial contract can't be proved [Read Judgement]

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

A suit cannot be summarily decreed at the instance of a plaintiff unless such plaintiff satisfies the court that the suit claim stands duly proved: High Court

Arbitration agreement

HC: Part of the arbitration agreement deciding venue of the proceedings would be read as distinct and independent [Read Judgement]

JUDGE-875

The law of the land weighs in the favor of the public interest over certain individual interest: Delhi High Court

Property Dispute- Settlement.jpg

Valuation of suit has to be decided primarily with reference to the relief/reliefs claimed and not market value of the immovable property: SC [Read Judgement]

Court Settlement

FIR should be quashed only when settlement agreement executed/ compromise reached between victim and offender freely and voluntarily: High Court

HUF

HC: Non-alienating coparceners have right to file a suit for possession against the purchaser who purchased an undivided share of an alienating coparcener

Court cannot embark upon testing evidence while considering petition under Section 482 Cr.P.C: High Court

Maintenance amount once fixed under Sec-125(1) Cr.P.C. can be changed subject to altered circumstances: High Court

Police Protection to Couples- InterCaste Marriage.jpg

Summons/ Notices under Sec-160 Cr.P.C. can be issued by the Investigation Officer: High Court [Read Judgement]

Documents at Trial Stage in Court.jpg

[Section 465Cr.P.C]- Any error, omission or irregularity in granting sanction will not affect any finding, sentence or order unless there is miscarriage of justice: High Court

Clerk- Employee.jpg

Relaxation in years of service/ qualification granted to employees does not construe that the principle of merit cum seniority was not followed: High Court

Forest Land.jpeg

Market Value of Compensation of an acquired land determined by its shape, level, fertility and quality: High Court [Read Judgement]

Witness Box.jpeg

[Section 200 of Cr.P.C.]: Exemption can only be provided to a public servant who files case in his official capacity, not to other witnesses: High Court

parliament

[Article 302]: Parliament can restrict Freedom of Trade, Commerce/ Intercourse between two States in public interest: Kerala High Court

An irrevocable and unconditional Bank Guarantee can be invoked during the Section 14 moratorium, enunciates NCLAT, Read Judgement

NCLT CASE LAW 2.png

Right of dissenting creditor to proceed against the personal guarantor of the Corporate Debtor cannot be extinguished by CoC, expounds NCLT, Read Order

Punjab and Haryana High Court

Vendee is a co-sharer in khewat even if the purchase is in specific khasra numbers, rules HC, Read Judgement

Punjab and Haryana High Court

[Punjab Urban Rent Restriction Act] NRI can seek possession only if ownership is proved, enunciates HC, Read Judgement

Punjab and Haryana High Court.jpg

Ad valorem court fee not to be paid when a declaratory suit is filed for declaring Plaintiff a joint owner, expounds HC, Read Judgement

Punjab and Haryana High Court

[NDPS Act] HC discards minor contradictions in the testimonies of official witnesses and upholds conviction, Read Judgement

Punjab and Haryana High Court

[Motor Vehicles Act] Income from agriculture and dairy farming not to be considered when calculating compensation, expounds HC

Punjab and Haryana High Court

[Default Bail] If an extension for filing challan sought by investigating agency is set aside, then the Accused cannot be detained, rules HC, Read Judgement

Punjab and Haryana High Court

[Motor Vehicle Act] 40% of established income towards future prospects to be given if deceased is self-employed or on a fixed salary and below 40 years of age, rules HC, Read Judgement

start up India

About us Events Awards Workshops Contact us Grievance Cell Disclaimer Hyperlinking Policy Privacy Policy Advertise Media Partner Legal FAQs