Chh HC | Whether transfer/sale of Abadi land is complete without delivery of possession of the land along with superstructure in favour of the purchaser? HC decides
Chattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such
Continue readingKer HC | [SARFAESI Act] Whether the State has better right in comparison to Banks and other Financial Institutions over secured assets for recovery of its dues; legal position reiterated
Kerala High Court: A.M. Badar J., allowing the present petition, quashes the attachment made by the State authorities to recover tax dues.
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E-launch of Akaant Mittal’s Book on Insolvency and Bankruptcy Code
On 12th December, 2020 Eastern Book Company held its first virtual book launch and panel discussion on the occasion of the release
Continue readingOri HC | Conviction under attempt to rape held in 1990 was set aside in 2020 due to lack of clear evidence; Appeal allowed partly
Orissa High Court: S.K. Sahoo J. allowed the appeal in part setting aside conviction under Sections 376/511, 354 and 457 of Penal
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HP HC | [Service Law] If a candidate has been wrongly excluded from the process of appointment on account of arbitrary State Action, then he is entitled to notional seniority from the date, the similarly situated persons have been appointed
Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., while allowing the present petition in
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CESTAT | Amount already reversed before introduction of CGST Act 2017 entitled to be re-credited; Tribunal allows appeal
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal filed against the impugned order wherein the
Continue readingChh HC | In a case where question of recovery of loan amount is based on the deed of ‘ikrarnama’ where does the burden of proof lie regarding its authenticity; HC decides
Chattisgarh High Court: Sanjay S. Agarwal J., dismissed the appeal being devoid of merits. The facts of the case are such that
Continue readingKer HC | It is in the interest of citizenry that elections to local body are conducted in a free and fair manner and well-meaning candidates get elected to the local bodies; necessary directions issued
Kerala High Court: Raja Vijayaraghavan V J., while allowing the present petition, discussed the importance of free and fair elections and further
Continue readingMP HC | Custody of the child with the mother can not be said to be illegal confinement; Court dismisses petition
Madhya Pradesh High Court: S.A.Dharmadhikari J., dismissed a writ petition which was filed invoking the jurisdiction of the Court under Article 226
Continue reading[MV Act] Chh HC | Whether ‘gratuitous passenger’ is covered for compensation under ‘Liability Only Policy’ by insurance company? Ambit of “Legal representatives’ discussed
Chhattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal and modified the
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HP HC | [Or. 1 R. 10 CPC] Due to subsequent events, proforma defendant had started sailing in the plaintiff’s boat and had acquired interests common to the plaintiff; Transposition of parties upheld
Himachal Pradesh High Court: Jyotsna Rewal Dua, J., while rejecting the present petition, upheld the decision of the trial court as the
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Texas’ bid to overturn the results of US Presidential Election 2020, rejected due to lack of standing under Article III of the Constitution
Supreme Court of The United States: The Court on Friday rejected a bid from Texas’ Attorney General, supported by President Donald Trump,
Continue readingChh HC | Merely proving the signature of the attesting witness would not amount to the due compliance of S. 69 of the Evidence Act; S.90 of Evidence Act not to apply on wills
Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such
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CESTAT | Less than 12 residential units to be covered under exemption clause, refund allowed; Tribunal considers the Architect certificate, floor plan
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Suvendu Kumar Pati (Judicial Member) allowed an appeal filed against the rejection of refund
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Palkhivala and the Constitution of India
by Soli J. Sorabjee*
Continue readingHP HC | Whether the trial court can exercise any discretion while entertaining an application under S.145 of the NI Act; HC elucidates upon procedural nuances
Himachal Pradesh High Court: Vivek Thakur, J. while setting aside the impugned order, relied on settled legal precedents and discussed at length,
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Join the virtual book launch and panel discussion on Insolvency and Bankruptcy Code on December 12
An event has been organised on 12th December at noon to launch a commentary on Insolvency and Bankruptcy: Law and Practice by
Continue readingRaj HC | Whether a candidate, who has given birth to a child prior to joining Government service, entitled for maternity leave? Court explains R. 103 of Rajasthan Service Rules, 1951
Rajasthan High Court: Dinesh Mehta, J., allowed a petition which was involved the question of whether a woman, who had given birth
Continue readingChh HC | Will an advertisement for appointment mentioning Class Xth as minimum qualification be refused if the candidate has not passed class 5th and 8th individually? HC decides
Chattisgarh High Court: P. Sam Koshy J. allowed the petition and quashed the impugned order as it was bad in law. The
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