Bringing you the Best Analytical Legal News
On 15-10-2024 the Collegium recommended appointment of Judicial Officers and Advocates as Judges and Additional Judges as Permanent Judges for Kerala, Andhra Pradesh, and Karnataka High Courts respectively.
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Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.
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Justice Ritu Bahri who retires on 10-10-2024, made history as upon her elevation on 04-02-2024, she became the first woman Chief Justice of Uttaranchal High Court.
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Justice Tiwari will perform the duties of the office of the Chief Justice with effect from 11-10-2024 consequent upon the retirement of Justice Ritu Bahri, Chief Justice, on 10-10-2024.
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Entry 31 of Schedule of Fees prescribed by the NCLT Rules stipulates that the fee for obtaining true certified copies of final orders passed to parties other than the concerned parties under Rule 50 shall be Rs 5 per page. The stipulation of Rupees five per page in Entry 31 excludes “the concerned parties under Rule 50”.
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The Court further stated that power of the Courts either competent Civil Court or Constitutional Court cannot be permitted to be usurped by the Chairman of the Bar Council of India, as was done in the instant case.
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The Supreme Court Collegium on 13-8-2024, recommended their names after considering their merit and record.
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Expressing its displeasure saying “Patience may be a virtue — but ours is nearing its end”, the Court listed the matter as priority for 19-11-2024.
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This segment aims to track and chart the monthly course of judicial appointments, retirements in the Supreme Court and High Courts along with recommendations made by the Supreme Court Collegium.
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The Court stated that TOLA will continue to apply to the Income Tax Act after 1-4-2021 if any action or proceeding specified under the substituted provisions of the Income Tax Act falls for completion between 20-3-2020 and 31-3-2021.
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The matter revolves around a habeas corpus petition filed in the Madras High Court by a father who alleged that Isha Foundation is engaging in manipulative practices, effectively brainwashing individuals and making them monks.
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“Merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal, is no ground to set aside the award”.
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The Court directed the company’s Internal Complaints Committee to hold an enquiry into the complaint of the petitioner in accordance with the provisions of PoSH Act, 2013 and complete the process as expeditiously as possible within an outer limit of 90 days.
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The aggrieved High Court Judge had approached the Supreme Court stating that he had not received any salary since his appointment due to absence of a General Provident Fund (GPF) account.
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The Supreme Court Collegium on 11-7-2024 recommended the name of Justice Manmohan as the next Chief Justice of the High Court of Delhi and the recommendation was confirmed on 21-9-2024.
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The Court emphasised that in order to reverse a finding of acquittal, a higher threshold is required. The presumption of innocence operating in favour of an accused throughout the trial gets concretized with a finding of acquittal by the Trial Court.
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It was observed that the Complaint/FIR was replete with just one theme i.e. that the appellants are threatening the respondents that they will deny them share in the property. The Complaint/FIR was intended only to further their interest in the civil dispute.
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The Commission noted that the appellant’s claim regarding non-deployment of air bags due to manufacturing defect, was not well established through any Expert Opinion.
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The sealed cover procedure is to be resorted to only after issuance of the charge-memo/charge-sheet is issued.
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The Court also clarified that to determine the stamp duty that is chargeable upon an instrument, the legal rule is that the real and true meaning of the instrument is to be determined by ascertaining the intention of the parties from the contents and the language employed in the whole instrument
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