Devika, Author at SCC Blog

P&H HC | Death caused does not suggest to be a result of alleged injuries received; bail granted

Punjab and Haryana High Court: This petition was filed before the Bench of Daya Chaudhary, J., under Section 439 of Criminal Procedure

Case Briefs High Courts

All HC | Bail refused as it could not be said that a case was not made out against the applicant

Allahabad High Court: This application was addressed by Ajit Singh, J. which was filed under Section 482 Criminal Procedure Code for quashing

Experts Corner Gaurav Pingle and Associates

Checklist for Loans and Investments by Company

Gaurav N Pingle, Practising Company Secretary, Pune
Cite as: (2019) PL (CSP) February 78

Case Briefs High Courts

Ori HC | Court may appoint a survey knowing commissioner, only if dispute pertains to area of the land or identification or location or measurement of the land

Orissa High Court: The Bench of A.K. Rath, J. allowed the petition filed that challenged the order which allowed the appointment of

Case Briefs Tribunals/Commissions/Regulatory Bodies

AAR | Business Transfer Agreement as a going concern held exempted from the levy of GST in terms of the relevant Notification

Authority for Advance Rulings (GST), Uttarakhand: Vipin Chandra and Amit Gupta (Members), addressed an application stating the following question: “Whether “Business Transfer

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Authorised officer under PMLA obligated to show that seized property has nexus with money laundering

Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS & PBPT Act: The coram of Manmohan Singh, J. (Chairman) and G.C. Mishra (Member) allowed

Case Briefs High Courts

Ker HC | Printing names of contesting candidates in different colours on ballot paper – anathema to scheme of election process

Kerala High Court: The Divison Bench of V. Chitambaresh and R. Narayana Pisharadi, JJ. allowed a writ appeal against an order allowing

Case Briefs High Courts

Tri HC | Offence under S. 138 NI Act may be compounded even after conviction of accused and affirmation thereof by Sessions Judge

Tripura High Court: Sanjay Karol, CJ allowed the compounding of offence in a case where the accused had been convicted for an offence punishable

Case Briefs High Courts

Madras HC | Transgender female is a “bride” under Hindu Marriage Act; no impediment in registration of transgenders marriage

Madras High Court: In a landmark Judgment, G.R. Swaminathan, J. has held that a marriage solemnized between a male and a transwoman, both

Case Briefs High Courts

Del HC | Court lays down guidelines to be followed by criminal courts and mediation centres while dealing with criminal cases; to be applied mutatis mutandis to other ADR methods

Delhi High Court: R.K. Gauba, J. laid down guidelines for the criminal courts and mediation centers to be followed while dealing with the criminal

Case Briefs Tribunals/Commissions/Regulatory Bodies

AFT | Claim for notional promotion benefits, filed without any legal basis after a delay of over 19 years, dismissed with costs

Armed Forces Tribunal (AFT): The Coram of Justice SVS Rathore (Judicial Member) and Air Marshal BBP Sinha (Administrative Member) dismissed an ex-hawaladar’s

Case Briefs High Courts

Pat HC | Bar on compassionate appointment of a child born out of second marriage void, as S. 16 of Hindu Marriage Act confers legitimacy on such child

Patna High Court: The Three-Judge Bench of Ashwani Kumar Singh, Birendra Kumar and Anil Kumar Upadhyay, JJ. disposed of an appeal arising

Case Briefs High Courts

Ori HC | Order 21 Rule 29 CPC cannot come to the rescue unless sufficient cause is shown to stay the execution case

Orissa High Court: The Bench of A.K. Rath, J. dismissed the petition filed against the order which rejected the application of the

Case Briefs High Courts

J&K HC | Allegations that petitioners were appointed by incompetent authority and that the engagement was de hors the rules is not a reason sufficient to deny them pay scale

Jammu and Kashmir High Court: The Bench of Rashid Ali Dar and Dhiraj Singh Thakur, JJ., dismissed the Letters Patent Appeal which

Case Briefs Foreign Courts

Canada SC | ‘Unauthorised’ screen capturing of online communication by Police in undercover operation forms basis of child lurer’s conviction

Supreme Court of Canada: In a very interesting case, a bench of Wagner, CJ and Abella, Moldaver, Karkatsanis, Gascon, Brown and Martin, JJ.

Appointments & Transfers News

SCC Blog

P&H HC | Death caused does not suggest to be a result of alleged injuries received; bail granted

All HC | Bail refused as it could not be said that a case was not made out against the applicant

Checklist for Loans and Investments by Company

Ori HC | Court may appoint a survey knowing commissioner, only if dispute pertains to area of the land or identification or location or measurement of the land

AAR | Business Transfer Agreement as a going concern held exempted from the levy of GST in terms of the relevant Notification

PMLA | Authorised officer under PMLA obligated to show that seized property has nexus with money laundering

Ker HC | Printing names of contesting candidates in different colours on ballot paper – anathema to scheme of election process

Tri HC | Offence under S. 138 NI Act may be compounded even after conviction of accused and affirmation thereof by Sessions Judge

Madras HC | Transgender female is a “bride” under Hindu Marriage Act; no impediment in registration of transgenders marriage

Del HC | Court lays down guidelines to be followed by criminal courts and mediation centres while dealing with criminal cases; to be applied mutatis mutandis to other ADR methods

AFT | Claim for notional promotion benefits, filed without any legal basis after a delay of over 19 years, dismissed with costs

Pat HC | Bar on compassionate appointment of a child born out of second marriage void, as S. 16 of Hindu Marriage Act confers legitimacy on such child

Ori HC | Order 21 Rule 29 CPC cannot come to the rescue unless sufficient cause is shown to stay the execution case

J&K HC | Allegations that petitioners were appointed by incompetent authority and that the engagement was de hors the rules is not a reason sufficient to deny them pay scale

Canada SC | ‘Unauthorised’ screen capturing of online communication by Police in undercover operation forms basis of child lurer’s conviction

Gauhati HC | Appointment of Additional Judges as Judges

Jharkhand HC | Appointment of 2 Additional Judges as Judges

P&H HC | Benefit of illegality committed by authority must ensure benefit to the retired employee

CESTAT | Correctness of exercise of discretion in accordance with limitation law not under the scrutiny of the forum

2019 SCC Vol. 3 April 14, 2019 Part 4

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Bom HC | Sister’s right in ancestral property upheld by virtue of Hindu Women’s Right to Property Act and Hindu Succession Act

Bom HC | Simple handing-over of cheque does not make a person liable for a S. 138 NI Act offence

LIVE: 6th Edition of NLUO International Maritime Arbitration Moot Competition, 2019

Live Updates: Manfred Lachs International Space Law Moot Court, 2019- Asia Pacific Rounds

Del HC | Divorce granted on ground of cruelty set aside for non-fulfilment of requirements of Rule 7 of Hindu Marriage Rules

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Bom HC | Sister’s right in ancestral property upheld by virtue of Hindu Women’s Right to Property Act and Hindu Succession Act

Madras HC | Pollachi Rape Case | Court refuses to quash summons issued against Editor of Nakkheeran Publications

GST | Decisions by GST Council in 34th meeting regarding GST Rate on “Real Estate Sector”

Del HC | Not abnormal for a girl not to make complaint against her father; order discharging accused-father of offence of rape set aside

All HC | Registrar General directs officials/officers –“To stop while Judges are passing through galleries and pay highest respect to Their Lordships”