Bringing you the Best Analytical Legal News
The Rajasthan High Court perused the entire scheme under Chapter VI of the 1987 Act and stated that the Lok Adalat had no adjudicatory power and by allowing the prayer of the PP to withdraw prosecution, it had exercised adjudicatory jurisdiction which was not vested in it.
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To make the company viable, the unsecured creditor would have to sacrifice to some extent otherwise the revival efforts would fail, observed the Supreme Court..
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The Supreme Court opined that the evidence has to be scrutinized so as to ensure that the totality of the evidence and circumstances relied on, did constitute a complete chain and directly points to the guilt of the convict.
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The Supreme Court was of the view that the Union of India’s claim for a ‘top up’ had no foundation in any known legal principle. Either a settlement was valid, or it was to be set aside in cases where it was vitiated by fraud. However, no such fraud had been pleaded by the Center.
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The Court stated that the doctrine of merger of judgement and orders in common law doctrine are founded on the principles of propriety in the hierarchy of justice delivery system.
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Supreme Court reserves judgement in the Maharashtra political crises after hearing rigorous, head-strong arguments from both the Shiv Sena factions for more than a month.
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It was alleged that each alleged ‘dishonour’ comprised of a separate offence and even if committed on the same date (i.e., within the same year), not more than 03 such offences can be tried by way of a single complaint in view of section 219 Cr.P.C. There is no legal clarity on bar of filing more than three cheques in Section 138 of the NI Act complaint as per Section 219 CrPC; Delhi High Court issues notice to NCTD.
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The Supreme Court stated that if the purchasing dealer fails to establish and prove the said important aspect of physical movement of the goods alleged to have been purchased by it from the concerned dealers and on which the ITC have been claimed, the Assessing Officer is absolutely justified in rejecting such ITC claim.
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In the case at hand, the juvenile had already undergone incarceration of more than 5 years which was against Section 18 of the J.J. Act, 2015. The Supreme Court noted that the intention of the legislature was to give benefit to a person who is declared to be a child on the date of the offence only with respect to its sentence part.
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The Supreme Court however, ordered that a sum of Rs 50 crore lying with the Reserve Bank of India be utilized by the Center to satisfy the pending claims, if any, in accordance with the Bhopal Gas leak Disaster Act, 1985 and schemes framed thereunder.
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The Court was of the view that the purpose of the trials was to ensure that the best sports persons participate in the championship and the exclusion of National Games appeared to have adversely affected the petitioners.
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“An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC”, stated the Supreme Court
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The Delhi High Court upheld the order of ASJ to register an FIR under the provision of the Information Technology Act, 2000 against the petitioner, however, clarified that the same does not include the direction to arrest any of the accused or petitioner.
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The Central Government Standing Counsel apprised the Court of the order dated 02-03-2023 which had set aside the order dated 26-03-2021 and remanded back the matter to the Passport office for re-examination.
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The Supreme Court upheld the judgement passed by the APTEL after observing that the generating companies were entitled to compensation so as to restore them to the same economic position, if the Change in Law had not occurred.
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The remand in the present case could only be correlated with Rule 23-A of Order XLI CPC and for its applicability, the necessary requirements were that “the decree is reversed in appeal and a re-trial is considered necessary”, thus, the Supreme Court held that the remand in the present case was not justified.
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The Court sought assistant of BCI and directed to implead its Secretary in the present petition and accordingly issued notice to BCI who may come up with appropriate suggestions in the matter towards framing of guidelines.
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“In absence of transparency in the matter of appointments of President and Members and in absence of any criteria on merits the undeserving and unqualified persons may get appointment which may frustrate the object and purpose of the Consumer Protection Act”, observed the Bench.
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Delhi High Court held that non-signatory or third party could be subjected to arbitration proceedings without their prior consent. It was necessary to examine the touchstone of direct relationship of signatory parties to the arbitration agreement, forming part of a composite transaction.
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The Supreme Court set aside the DCP proceedings held in the year 2021 denying the promotion to the petitioner for the post of Assistant Registrar.
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