Explained| Can arbitrator grant pendente lite interest if contract expressly bars payment of interest?
Supreme Court: The bench of SA Nazeer* and Krishna Murari, JJ has held that if the contract contains a specific clause which
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Whether registration of family settlement not “affecting” immovable property compulsory? Supreme Court decides admissibility of such settlement as evidence
“If the Khararunama by itself, does not ‘affect’ immovable property… there would be no breach of Section 49(1)(c), as it is not being used as evidence of a transaction effecting such property.”
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Dismissal of SLP by reasoned order would not attract doctrine of merger but will be binding on all courts/tribunals in India
Supreme Court: Explaining the doctrine of merger in case of dismissal of Special Leave Petitions (SLPs), the bench of L. Nageswara Rao
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SEBI| Monotonous modus operandi, modulated endgame |Issue of GDR, artificial arrangement, supported by the subscribing Company itself-Restrained and to disgorge
Securities and Exchange Board of India (SEBI)-G Mahalingam, Whole Time Member, in a detailed 95 paged order, while disposing off the proceedings
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AFT denies grant of any relief to the person invalidated from service due to Alcohol Dependence Syndrome
“All efforts are made by military doctors and the organization to help a soldier who has become a victim of ‘Alcohol Dependence Syndrome’ and only when all efforts fail the soldier is invalided out on ground of ‘Alcohol Dependence Syndrome”.
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NCLAT| Finds raising a late ‘pre-existing dispute’, spurious and to avoid action under IBC| Denies to stay CIRP
National Company Law Appellate Tribunal (NCLAT) -The Coram of Justice Jarat Kumar Jain and Alok Srivastava, Technical Member while deciding an appeal
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Explained| “A very strange provision”: Section 85A of the Maharashtra Tenancy and Agricultural Lands Act, 1948
Supreme Court: The bench of Hemant Gupta and V. Ramasubramanian, JJ has explained the scope of a “very strange provision” under Section
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Explained| Can, in a declaratory suit, plaintiff be subjected to DNA test against his will?
“Indian law leans towards legitimacy and frowns upon bastardy. The presumption in law of legitimacy of a child cannot be lightly repelled.”
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Is Irrigation Department a factory? Will it be governed by Industrial Disputes Act? Supreme Court analyses
“Overall activities and functions of the Irrigation Department would have to be considered while deciding the question whether it is carrying on manufacturing activities.”
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Supreme Court sets aside Allahabad HC’s decision declaring Regulation 101 framed under Intermediate Education Act unconstitutional
“It is clear that recruitment by way of “Outsourcing” may have its own deficiencies and pit falls, however, a decision to take “Outsourcing” cannot be declared as ultra vires of the constitution on the basis of mere presumption and assumption.”
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CESTAT | When road construction is exempt; is every activity exempt relating to the road construction including consulting engineer services? Tribunal answers
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Anil Choudhary (Judicial Member) and P. Anjani Kumar (Technical Member) allowed
Continue readingGau HC | Parties agreeing to rate of Compensation at argument stage, Tribunal granting compensation accordingly, held, the judgment will be a consent decree
Gauhati High Court: Rumi Kumari Phukan, J., held that if the amount of compensation has already been agreed in a compensation claim,
Continue readingDel HC on ‘Dying Declaration’ of a woman set ablaze by the husband: Conviction of Murder upheld
Delhi High Court: While upholding the decision of Trial Court, Division Bench of Vipin Sanghi and Jasmeet Singh, JJ., reiterated that dying
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Custody of minor child, can it be determined on basis of work commitment of one parent and availability of ample time with another? Bom HC decides while determining question of custody, visitation rights and more
Love and affection of both parents is considered to be the basic human right of a child.
Continue readingRaj HC directs State to take necessary steps for constitution of Rajasthan State Commission for Women as mandated by S. 3 of Rajasthan State Commission for Women Act, 1999
Rajasthan High Court: A Division Bench of Manoj Kumar Garg and Sangeet Lodha JJ. directed State to take necessary steps for constitution
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‘You are throwing mud at all and sundry but we refuse to back off’; Supreme Court holds Suraz India Trust Chairman guilty of contempt
“Such litigants cannot be permitted to have their way only because they can plead and write anything they feel like and keep on approbating by sometimes apologising and then again bringing forth those allegations.”
Continue readingKar HC | A custody case of a toddler between a genetic mother and a foster mother; principle of ‘distributive justice’ not to be applied; Yashoda Maa and Devaki Maa finds reference in judgment
Karnataka High Court: Krishna S. Dixit J. disposed off the petition and remarked “there is & shall be no cause of action
Continue readingTri HC | There is a duty to make a clean disclosure while applying for compassionate appointment; Court dismisses petition
Tripura High Court: The Division Bench of Akil Kureshi, CJ. and S.G. Chattopadhyay, J., dismissed a petition which challenged an order passed
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Supreme Court on ‘Bogus Donations’ made to Trust: Delves to know whether registration under S. 12AA of Income Tax Act was being misused or not
Supreme Court of India: Noting the donations being made to the Trust to be ‘bogus donations’ Bench of Uday Umesh Lalit and
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CESTAT | If the issue was not argued during hearing and while dictating the order in the open court, can it be raised later for rectification? Tribunal answers
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ashok Jindal (Judicial Member) and P.V. Subba Rao (Technical Member) dismissed
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