Bringing you the Best Analytical Legal News
Delhi High Court held that an advocate acting as an Insolvency Professional is liable to pay GST under the forward charge mechanism and cannot claim the reverse charge benefit available to advocates rendering legal services.
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The case depicts the tragic plight of a minor girl, aged 17 years, who was repeatedly subjected to sexual exploitation by her own father.
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A party to a compromise cannot become an appellant against its consequences. The Himachal Pradesh High Court held that a final decree passed on agreed terms between co-sharers was a consent decree, attracting the express prohibition contained in Section 96(3) CPC.
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The High Court held that the appellant failed to prove the alleged marriage under Section 7, Hindu Marriage Act, as neither the marriage nor the requisite ceremonies were established, and that voter-list entries and maintenance proceedings could not conclusively prove a valid matrimonial relationship.
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Since ESIC’s cancellation rested solely on a mistaken reading of ex-serviceman eligibility, the Court held the entire cancellation collapsed once that ground was found untenable.
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The Court held that the application filed for appointment of presiding arbitrator under Section 11(6), Arbitration and Conciliation Act, 1996, is maintainable as the place of arbitration referred in Clause 9 MoU becomes the juridical seat of arbitration under Section 20, Arbitration and Conciliation Act, 1996.
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The Court held that although the rules of a competitive selection process cannot ordinarily be changed after the process has commenced, a uniform corrective measure adopted after expert scrutiny of defective questions will not necessarily amount to an impermissible change in the rules where the measure treats all candidates equally and causes no demonstrable prejudice. The decision also reinforces the limited scope of judicial review over expert assessment in competitive examinations.
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The High Court held that employees who have worked for six months or more in a particular year would be entitled to the benefit of annual increment and their retiral benefits would be calculated by reckoning such increment while calculating their last drawn wages.
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Holding that FDA’s recalled restrictions on ACILOC drug stocks stood neutralised, the Court directed fresh show-cause notices under Rule 85, Drugs Rules, 1945, before any further action.
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The Court remarked that the daughters, despite being major, educated and legally competent women, were deprived of their liberty for a prolonged period, solely because they exercised their constitutionally protected freedom of conscience and chose to profess a religion different from that professed by their family.
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The High Court held that the enquiry under Section 12-A(1), Commercial Courts Act is limited to whether the suit genuinely contemplated urgent interim relief and that the plaint must be examined holistically without adjudicating the merits of the interim relief.
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The Bombay High Court held that employees who had rendered more than six months of qualifying service from the date of their last annual increment could not be denied the benefit of annual increment merely because they retired before 1 July.
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The High Court held that a solitary Instagram compliment, however inelegant, cannot be forced into the statutory mould of voyeurism, stalking, or insult to a woman’s modesty without proof of the essential ingredients of those offences.
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The Court remarked that recently there had been instances where petitioners-in-person have not followed the decorum of the Court and acted in a hasty and unruly manner. They used the video recordings of court proceedings to malign the image of the courts.
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Delhi HC refused regular bail to Sushil Kumar, holding that hostile witnesses and the deposition of Ashok Dhankad did not amount to a genuine change in circumstances
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For practicing in High Court such advocates having a provisional enrolment certificate issued by Bar Council of U.P. must also have provisional advocate roll of High Court, Allahabad or Lucknow
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The High Court held that the victim’s testimony was natural, credible and inspiring of confidence, while the trial court’s appreciation of evidence was not only unreasonable but perverse, rendering its conclusions untenable and contrary to any possible view of the evidence.
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The Court noted that the presence of the appellant at the time of occurrence at the scene of crime has not been proved beyond reasonable doubt and no active role has been assigned to him and the chain of the evidence is not consistent only with the hypothesis of the guilt of the accused.
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Delhi High Court stayed an FIR registration order, observing that a simple breach of contract cannot be forcefully converted into a criminal action.
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The Court observed that the allegations do not merely portray an assault; they prima facie depict an attempt to commit rape, interrupted not by any voluntary desistance on the part of the accused but by the relentless resistance offered by the victim herself.
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