Bringing you the Best Analytical Legal News
“While entertaining subsequent bail applications, the Court must consider that there was a change in the fact, situation or in law which required the earlier view being interfered with or where the earlier finding had become obsolete.”
Continue reading
“When public functionaries betray the institutional trust, the consequences are profound and far-reaching and in a constitutional democracy governed by the rule of law, custodial officers must be held to the highest standards of integrity.”
Continue reading
“A good number of such first-generation lawyers are very competent, possess unimpeachable integrity, and are industrious by disposition. They rarely get a chance when appointments of State counsels or counsels for the Corporations are made as they are not able to curry any influence with powers that be.”
Continue reading
The involvement of criminal justice system in cases pertaining to CGST Act begins at the stage of arrest and ends when bail is secured. Allowing such tendencies to go unchecked will raise serious doubts about efficacy of investigation, which naturally weakens the faith of the public in justice dispensation mechanism.
Continue reading
In the present case, the appellant took out a sharp-edged weapon i.e. knife and pointing the same at the complainant, asked him to handover whatever he was carrying and threating to kill him in case he didn’t comply. The knife, was not used to actually hurt the complainant.
Continue reading
“In regard to an application under Sections 7 or under 10 of the IB Code, the professional recommended by the applicant must mandatorily be appointed as IRP, the only caveat being that no disciplinary proceedings should be pending as against him, leaving no elbowroom to the NCLT to take a different view.”
Continue reading
In July 2017, on account of uncontrolled floods in the State of Gujarat, crops of the farmers were completely destroyed. These farmers are registered under the Pradhan Mantri Fasal Bima Yojana (PMFBY) and were entitled to compensation but payments have not yet been made to them.
Continue reading
Mere maintenance of running account by the appellant with GPIL, having continuous business transactions with them or mere repayment of advance within same financial year cannot be the reasons to admit that the amount of advance is actually utilized for execution of business transaction.
Continue reading
The case raises a critical legal intersection between debt recovery prosecutions and the insolvency resolution framework. A ruling that could reshape how courts handle cheque dishonour and payment-related offences against financially distressed individuals who are already undergoing insolvency proceedings, thereby preventing procedural overlap from undermining the statutory “fresh start” promised by the IBC.
Continue reading
The Court pointed out that Section 35 of the A&C Act, 1996 clearly states that an arbitral award will only bind parties to the arbitration and persons claiming under the said parties.
Continue reading
“Every three months, the Chief Secretary or authorized officer will issue a communication after due enquiry that the respondent continues or does not continue to mine limestone in accordance with the license.”
Continue reading
Stating that the 1960 Act cannot become a dead letter, the Court noted that the State law being a Special Act has an overriding effect on the other State laws and imposes a complete prohibition on cow slaughter, irrespective of customs and usage.
Continue reading
“Merely having documents such as an Aadhaar Card, PAN Card, or Voter ID does not, by itself, make someone a citizen of India. These documents are meant for identification or availing services, but they do not override the basic legal requirements of citizenship as prescribed in the Citizenship Act, 1955.”
Continue reading
“When parties to the Muslim marriage come to an agreement to mutually dissolve their Nikah, they are at liberty to do so, and by virtue of this mutual agreement (Mubaraat), the Nikah stands dissolved.”
Continue reading
“Such a lackadaisical attitude of the State functionaries not only wastes the precious time of this Court but also raises stumbling blocks in the administration of speedy justice and adversely affects the interest of public at large.”
Continue reading
“Financial irregularities could be brought to a stop, and systematic loss of income out of Devaswom assets and properties could only be prevented by adopting sound accounting practices, a prerequisite of which was computerisation.”
Continue reading
“Making statements such as, the wife does not wear proper clothes or was not able to cook food properly, cannot be said to be acts of grave cruelty or harassment as per the explanations given in Section 498-A of the Penal Code, 1860.”
Continue reading
This matter has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers. We will provide further updates once the reserved order is pronounced.
Continue reading
“There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the convict can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify the authenticity, such an officer can also verify it and may download and use the downloaded copy for attesting bonds.”
Continue reading
There is no absolute bar on the Trial Court to consider the subsequent developments and condone the delay if justifiable grounds are made out in the Application for condonation of delay.
Continue reading