News

Bom HC: Arb. Clause Can’t be Invoked By Individuals/Minorities Of Housing Society In Dev. Agreement (09.02.2024)
Bombay High Court has held that individual/minority members of society cannot invoke arbitration clauses in development agreements against developer b....
Bom. HC: Recourse of Reopening Assessment to Remedy Error Occurred By AO Cannot be Allowed to Him (09.02.2024)
Bombay High Court has held that the Assessing Officer (AO) cannot be allowed to take recourse of re-opening the assessment to remedy the error resulti....
Delhi High Court: Right to Heritage And Culture to Be Harmonised With Right to Health And Breathe (09.02.2024)
Delhi HC while hearing a plea to halt alleged demolition in Mehrauli and Sanjay Van, has observed that right to health and breathe and the right to he....
Supreme Court: Under Unlawful Activities (Prevention) Act, 1967 Jail is Rule and Bail is Exception (09.02.2024)
Supreme Court while observing that under Unlawful Activities (Prevention) Act, 1967 jail is the rule and bail is exception has denied bail to a man on....
SC Uphelds Rule That Allows CA’s Discipline Board to Refer Matter to Disciplinary Committee (09.02.2024)
SC has upheld a rule under Chartered Accountants' (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 w....
Cal. HC: Bill Generated For Exporting Goods Expired Due to Accident, 200% Penalty Quashed (08.02.2024)
Calcutta HC while quashing 200% penalty has observed that unless department establishes that transporter or owner of goods had an intention to violate....
Del. HC Refuses to Direct Trial Courts in National Capital to Issue Notice At Pre-Trial Stage (08.02.2024)
Delhi HC while refusing to direct trial courts in the national capital to compulsorily issue notice to the complainant or victim in a criminal case at....
Del. HC: Claim of Product-By-Process Has to Be Examined On Anvil of New And Unobvious Product (08.02.2024)
Delhi High Court has ruled that product-by-process claim under the Patents Act, 1970 will have to be examined necessarily on the anvil of a “new and u....
Supreme Court Elaborates the Difference Between ‘Land’ and ‘Immovable Property’ (08.02.2024)
Supreme Court has stated that if provisions of the Punjab Pre-Emption Act, 1913 are read it is abundantly clear that the land and the immovable proper....
Supreme Court: It Is For the State As Custodian to Assess If Tree-Felling Is Required or Not (07.02.2024)
Supreme Court has conveyed its displeasure at private parties seeking permission to fell trees for industrial projects without first approaching the c....
SC: Common Intention Not to Be Inferred Merely on the Basis of Presence of Accused Near Crime Scene (07.02.2024)
SC while observing that there wasn’t oral or documentary evidence to attribute accused with common intention of murder has held that inference was dra....
SC: Suspend Sentence Normally When Appeal Unlikely to Be Heard Before Completion of Sentence (07.02.2024)
Supreme Court has restated that Courts should generally suspend sentences and grant bail in cases where an appeal challenging the conviction is unlike....
SC: Ocular Evidence Can’t be Discredited Merely Because of Mismatch With Doctor’s Evidence (06.02.2024)
Supreme Court while upholding the conviction in a murder case has observed that the ocular evidence given by the eye witness cannot be discredited mer....
Rajasthan HC: RCSAT Can’t Entertain Service Matter Appeal of Contractual Employee of RFC (05.02.2024)
Rajasthan High Court observed that the Rajasthan Civil Services Appellate Tribunal (RCSAT) does not have jurisdiction to hear an appeal affecting serv....
Mad. HC: Refund Claim to Be Examined on Basis of Documents of Availment of ITC & Export of Products (05.02.2024)
Madras High Court has held that refund claim has to be examined and determined on the basis of documents pertaining to the availing of Input Tax Credi....
Kerala High Court: Advocate Not to be Arrested Without Giving Notice of Appearance U/S 41A CrPC (05.02.2024)
Kerala High Court has directed that the Advocate who allegedly committed sexual harassment of a woman client, cannot be arrested without issuance of n....
All. HC: Notice Given to Municipality Not Mandatory if it Will Defeat Purpose of Injunction Suit (05.02.2024)
Allahabad High Court has upheld rejection of an application under Order 7 Rule 11 of Code of Civil Procedure, 1908 on grounds that notice under Sectio....
SC: HC Can Examine If Offence is Made Out, Even If, CS Filed During Pendency of Quashing Petition (05.02.2024)
Supreme Court has observed that if the charge sheet (CS) is filed against the accused during the pendency of the petition for quashing of the First In....