Bringing you the Best Analytical Legal News
“The arbitration agreement must be interpreted in a purposive manner, but not literally so as to enable the parties to pursue the intended dispute redressal mechanism of contract”.
Continue reading
“Filing of charge-sheet is not an empty formality and it should contain all the details for not sending accused for trial, to enable the Magistrate to decide whether to accept the report and discharge the bonds or order further investigation or to take cognizance of the offence.”
Continue reading
“The purpose behind directing to deposit as enumerated under Section 148 of the NI Act in appeal is at least to recover plausible compensation amount to provide some relief so as to save his business.”
Continue reading
Before 25-1-2022, there were no binding laws regarding age restrictions on intending couples wishing to avail surrogacy. Therefore, for couples above the age limits under the Surrogacy (Regulation) Act, 2021, the right to surrogacy was not conditional on their age and was freely available to intending couples.
Continue reading
“The sisters executed the Relinquishment Deeds (‘RD’) to release their share in favour of their brother, and there was no economic consideration exchanged at the time of the execution. All the RDs were basically acknowledging the bequest made by the father in favour of his son.”
Continue reading
The Sessions Court having noted that the convict was 16 years old at the time of trial, held that he was entitled to the benefit of the Children Act, 1960 and thus he was directed to be kept in a children’s home in accordance with the provisions of the 1960 Act to give him a chance to reform himself.
Continue reading
The audience may be influenced by the material posted by social medial influencers and thus even if the content is deleted after being posted, it would reach a large set of audience, leading to republishing of the same and sparking a debate, which eventually affects the victim.
Continue reading
“It was not disputed that the plaintiff’s prayer in the suit for recovery of the amount would be arbitrable. However, the plaintiff also sought redemption of mortgages executed in its favour and this was where the plaintiff claimed that the said claim was not arbitrable.”
Continue reading
“The impugned order is thus not only vague but draconian and contrary to a party’s constitutional and legal right to carry on any trade or business.”
Continue reading
“The test reports and regulatory clearances from FSSAI and BIS prima facie establish compliance with standards for safety and quality of the Indospirit Beverages’ Product ‘BROCODE’.”
Continue reading
The Court reaffirmed that proceedings under Section 124-A of the Railways Act are not criminal trials demanding proof beyond reasonable doubt, but welfare statues are governed by the principles of preponderance and probabilities.
Continue reading
“There were serious allegations of digital frauds where complex technological mechanisms were employed to defraud gullible victims.”
Continue reading
“The claimant stated that he incurred heavy medical expenses and suffered disability, resulting in a downgrade from B-1 to C-1 position and a monthly income loss of Rs 7,000, and therefore sought enhancement through a cross-objection.”
Continue reading
“Consideration out of surrender of tenancy right on account of immovable property cannot be considered as service as per definition under Section 65-B(44) of the Finance Act, 1994 and no service tax is payable.”
Continue reading
“However, even presuming that for the sake of discussion the marriage between the husband and wife is void, still the wife is entitled to claim maintenance under Section 125 of the CrPC.”
Continue reading
The defendants were engaged in providing taxi services across Dehradun and Delhi and were marketing themselves as an inter-state national level service, using the name ‘JIO’.
Continue reading
“Personal hearing cannot be demanded as a matter of right, unless specifically mandated by statute or rules. The principles of natural justice cannot be applied in a straitjacket formula; their application depends on the facts and circumstances of each case”
Continue reading
“We are of the view that in ordinary circumstances, no parent would cause fatal injury to their children, howsoever frustrated or dejected he or she may be.”
Continue reading
“If the wife ill-treated the children, it would certainly cause an apprehension in the husband’s mind that it would be harmful or injurious for him to live with her where the expression ‘harmful or injurious’ was not confined to physical acts alone, but extended to mental torture as well.”
Continue reading
“A refusal for the purpose of service of notice should be taken to be a sufficient service, if such refusal is by the addressee or by the noticee himself/herself.”
Continue reading