News

Cal. HC: S.144 CrPC Can’t be Promulgated at the Drop of a Hat (25.08.2023)
Calcutta High Court while observing that duty of the Administration is to provide a level playing field to all political dispensations to hold rallies....
SC: Can’t Consider Dissenting Opinion as Award in Case Majority Award is Set Aside (25.08.2023)
Supreme Court has held that a dissenting opinion can’t be treated as an award if majority award is set aside, and observed that when a majority award ....
SC: S.202 CrPC Procedure Mandatory When Accused Resides at Place Outside Jurisdiction of Magistrate (25.08.2023)
Supreme Court has held that there is no doubt that procedure under Section 202 CrPC will have to be held as mandatory in a case where the accused is r....
JKL HC: Subjective Satisfaction of Detaining Authority Doesn’t Deprive Court to Review its Orders (25.08.2023)
Jammu and Kashmir and Ladakh High Court has held that although subjective satisfaction cannot be interfered normally by the court but at the same time....
SC: Owner/Employer of Project Who Authored the Tender Documents is the Best Person to Interpret it (25.08.2023)
Supreme Court has held that the owner or employer of a project, who authored the tender documents, is the best person to understand and appreciate its....
Delhi HC: Recourse to S. 34(4) of A&C Act Cannot be taken to allow Tribunals to Review Awards (24.08.2023)
Delhi HC has held that the recourse to Section 34(4) of Arbitration and Conciliation Act, 1996 (A&C Act), that grants authority to courts to remit arb....
SC: Can’t Claim Salary Once Appointment is Declared Illegal & Void Ab Initio (24.08.2023)
Supreme Court has held that once the appointment of employee has been declared illegal and void ab initio, continuing in service and salary claims bec....
SC: Onerous Conditions for Bail Should be Imposed Only in Exceptional Circumstances (24.08.2023)
Supreme Court while observing that mindset that everyone has to be locked up till the investigation is going, must be changed, has held that onerous c....
JKL HC: Section 96 CPC Mandates that Appellant Must Challenge Both Decree Judgment (24.08.2023)
Jammu and Kashmir and Ladakh High Court has observed that Section 96 of Civil Procedure Code (CPC) amply make out that the appellant is required to ch....
Del. HC: No Bar on Jurisdiction of Civil Courts to Allow Suit for Recovery of Arrears of Maintenance (24.08.2023)
Delhi High Court while observing that once amount becomes due and payable, it becomes a legal debt, the recovery of which can be sought by way of a ci....
Raj. HC: Delay Itself Can’t be a Ground for Refusing to Make a Reference U/S 10 of ID Act (24.08.2023)
Rajasthan High Court while observing that delay and latches itself cannot be a ground for refusing to make a Reference u/s 10 of Industrial Disputes (....
Del. HC Orders Release of “End of Life Vehicles” on Undertaking by Owners (23.08.2023)
Delhi High Court has ordered for release of “end of life vehicles” upon an undertaking by their owners that such vehicles won’t be plied or be parked ....
Del. HC: Pre-Deposit Before OHA Can’t be Adjusted Against Other Tax Dues (23.08.2023)
Delhi High Court while observing that pre-deposit does not have the character of a tax or duty, has held that re-deposit made before the Objection Hea....
Ker. HC: Complaint U/S 138 NI Act Can be Filed in Court where Cheque was Presented for Collection (23.08.2023)
Kerala High Court has observed that court where cheque is presented for collection has jurisdiction to entertain dishonour complain under Section 138 ....
Del. HC: Importation of Gold is a Prohibited Item Under Section 2(33) of Customs Act (22.08.2023)
Delhi High Court has held that importation of gold is a prohibited item under Section 2(33) of Customs Act; and that redemption in case of importation....
SC: Customs Act Doesn’t Create Statutory First Charge on Customs Dues (22.08.2023)
Supreme Court has held that Customs Act, 1962 does not create a statutory first charge on the customs dues, overriding the charge created in favour of....
Cal. HC: Misuse of Section 498A Unleashing New Legal Terrorism (22.08.2023)
Calcutta High Court while quashing a criminal proceeding has remarked that the legislature has enacted the provision of Section 498A to strike out the....
SC: Statement by an Injured Person Recorded as FIR Can be Treated as a Dying Declaration (21.08.2023)
Supreme Court has held that statement by an injured person recorded as FIR can be treated as a dying declaration and is admissible under Section 32 of....
SC: Election is Purely a Statutory Proceeding (21.08.2023)
Supreme Court has observed that Election contest is not an action at law or a suit in equity but purely a statutory proceeding, provision for which ha....
Delhi HC: Sterilization and Immunization of Stray Dogs is an Important Public Function (21.08.2023)
Delhi High Court while observing that sterilization and immunization of stray dogs is an important public function, has directed State to ensure that ....