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Case Analysis

Forest Land.jpeg

HC expounds Inordinate delay of 62 years after the Land Acquisition; Petitioners cannot challenge the said acquisition proceedings [Read Judgment]

Corruption in Police Department

Even if Delhi Police is under MHA, Anti Corruption Wing of Delhi Govt can Prosecute them under PC Act, Read HC Judgment

Condonation of Delay, Speedy Trial, Calendar, Court.jpeg

[Limitation Act, 1963] HC dismisses petition seeking appointment of Arbitrator as being barred by limitation under Art. 137 [Read Judgment]

Filing of petitions and Affidavits in A4 size paper in Court, pic by: दैनिक जागरण

[A&C Act] HC reiterates Court cannot take a liberal approach in condoning inordinate delays in re-filing [Read Judgment]

BSF

HC directs BSF to form a Cadre Review Committee for the creation of IG and DIG posts in the Engineering Setup [Read Judgment]

HC: Whenever a tender requires bidder to provide performance certificates, solemn duty of the agency to provide a truthful and correct certificate [Read Judgment]

Divorce (Pic By Google).jpg

[Hindu Marriage Act, 1955] HC: Mere oral assertion of divorce can be of no consequence in the absence of any cogent evidence [Read Judgment]

Rent -Tenant-Property.jpg

[Delhi Rent Control Act] HC: Act does not empower the Rent Controller to direct the landlord to repair the tenanted premises [Read Judgment]

HC dismisses appeals regarding extension of cut-off dates for admission to Nursing Course for Academic Session 2021-2022 [Read Judgment]

Auction Bid

HC: No bidder can insist the Authority inviting tenders to enter into further negotiations unless the terms and conditions of notice so provided [Read Judgment]

Mobile Apps track you

HC expounds No preservation of CDR of the raiding party’s mobile phone as it is against the personal safety/security of the police official [Read Judgment]

Criminal Law

HC: When an Application u/S 91 of Cr.P.C is sought to be moved, then Ex-Facie th...

Documents at Trial Stage in Court.jpg

Curable Procedural defects shall not defeat the substantive Cause of Action, Rea...

HC Explains: Notion of 'Special Knowledge' under Section 106 of Indian Evidence...

order

SC: All those involved in such abuse of process, need to be in dock and proceeded with in accordance with law [Zakia Jafri verdict]

FIR.jpeg, pic by medium.com

Landmark Case Analysis on Preliminary Inquiry before registering FIR: Charan Singh v. State of Maharashtra

Suit For Specific Performance.jpg

Can Sec.9 Arbitration Act be used for directing Specific Performance of Contract? HC says NO, Read Order

Hong Kong Arbitration, pic by: South China Morning Post

HC reiterates Section 34 of Arbitration Act allows Court to adjudge patent illegality of an Award, rejects NHAI's claim [Read Judgement]

HC: Employee dismissed from service entitled to pe... ...

High Court directs State to release a convict belo... ...

Woman suffering cruelty, cannot be said to have de... ...

No citizen is allowed to take the course of law in... ...

High Court provides protection to woman pressurize... ...

High Court quashes the resolution expressing no-co... ...

SC Explains: Benchmark to decide a case based on ‘... ...

Can a Wait listed Candidate seek Appointment again... ...

HC: Can a Citizen ask for Papers which are yet to... ...

Delhi High Court.jpeg

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

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There is no straight jacket formula to arrive at the quantum of deduction of development charge 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]

Money Laundering

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

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

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]

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

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.

Cheque Cases

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

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]

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

Pregnant Woman- Pregnancy.jpg

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

Arbitral Tribunal.jpg

[A&C Act] HC: Decision of the Arbitral Tribunal would not warrant any Interference u/S 34 unless the same is Ex Facie Erroneous [Read Judgment]

Narcotics Control Bureau.jpg

HC: [NDPS Act] Period of Incarceration and the Likelihood of a Lengthy Trial should be considered while deciding Bail Applications [Read Judgment]

Income Tax Returns

HC expounds if Assessee receives any Funds Linked with the Setting up of the Plant, such Receipts cannot be Taxed as Income [Read Judgment]

Delhi High Court

[Art. 226] HC: Power of Judicial Review in the Matters Relating to Sports can be exercised only if there is an Allegation of Bad Faith [Read Judgment]

Arbitration and Conciliation.jpg

[A&C Act, 1996] HC: Powers u/s 9 cannot be extended to directing specific performance of the contract itself [Read Judgment]

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