Bringing you the Best Analytical Legal News
“When the genuineness of a Will is called into question, the conscience of the Court has to be satisfied that the Will is not only executed and attested in the manner required, but also that the same was the product of free volition of the executant.”
While the court did not provide a definitive ruling at this stage, it demonstrated a proactive approach by directing the Grievance Appellate Committee to promptly decide the petitioners’ appeal, should they file one. This interim measure aimed to mitigate the petitioners’ grievances pending a final determination of the constitutional validity of Rule 3(1)(c) of IT Rules, 2021 and related provisions.
The High Court stated that the convict had taken innocent lives in an extremely barbaric, criminal, and heartless manner. His acts have shocked not only the judicial conscience but also the conscience of society.
The Court directed US to assure that Assange is allowed to rely on the First Amendment protections and is not prejudiced at trial by reason of his nationality, and that a death penalty is not imposed.
Rajasthan High Court decided to entertain the appeal due to the significant question of the application’s maintainability.
The instant matter is related to appeal against the writ petition challenging the election of respondent 14 to the West Bengal Assembly in the 2021 elections, based on falsifying his educational qualifications.
“When damages have been paid for unlawful use of land then plaintiff, being a wrong doer, cannot claim equitable relief for wrongful use of such land, in respect of which he has no right, title, interest.”
“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”
“An amending statute cannot be read in a manner to take away, alter, abrogate, impair or extinguish vested rights acquired under existing laws, or create a new obligation, impose a new duty or attach a new disability, in respect of transactions already past”
“If the goods are imported for any purpose other than consumption, use or sale within the State, then the importer has to prove how the goods imported were disposed of.”
Calcutta High Court concurred with the trial court’s decision to acquit the accused under Section 366 of IPC due to absence of evidence supporting sexual assault.
Calcutta High Court observed that the Tribunal overlooked the direction issued by the High Court and failed to apply Rule 21 of the Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997, which grants flexibility in securing the ends of justice.
“The appellant submitted that the respondent was liable to imprisonment for not less than ten years and payment of fine of not less than Rs. 1,00,000. However, he was sentenced to undergo rigorous imprisonment for six months and payment of fine of Rs. 1,000.”
Madhya Pradesh High Court warned the appellants of consequences, including contempt of court, for non-compliance with the directions.
by Murali Neelakantan* and Gautam Narayan**
Cite as: 2023 SCC OnLine Blog Exp 81
The NCLAT directed the Adjudicating Authority to hear and decide the application under Section 7 of the IBC expeditiously, treating it as not covered by Section 10A of the IBC.
Supreme Court reiterated that a co-ordinate Bench cannot comment upon the judgment rendered by another co-ordinate Bench of equal strength and that subsequent decision or a judgment of a co-ordinate Bench or larger Bench by itself cannot be regarded as a ground for review.
Limitation shall commence from the date when order is passed and shall not depend on the date when Appellant came to know of the order.
The High Court observed that the object of Courts is to decide the rights of the parties and not to punish them for mistakes which are made in the conduct of the cases.
“Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act, 1984 operate in different spheres and apply to orders passed by different forums i.e., District Court and the Family Court respectively.”