law Archives

HP HC | [Service Law] If a candidate has been wrongly excluded from the process of appointment on account of arbitrary State Action, then he is entitled to notional seniority from the date, the similarly situated persons have been appointed

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., while allowing the present petition in

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Amount already reversed before introduction of CGST Act 2017 entitled to be re-credited; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal filed against the impugned order wherein the

Case Briefs High Courts

[Medical Negligence] Del HC | Person performing surgery on pregnant women leading to death of the patient: Court rejects bail for offence under Ss. 315, 304 IPC

Delhi High Court: Manoj Kumar Ohri, J., denied bail to the petitioner who is accused of commission of offence under Section 315 (act

Case Briefs High Courts

Bom HC | Does NI Act authorises a complainant to fill an incomplete cheque? Court discusses while reversing acquittal of accused under S. 138 NI Act

Bombay High Court: Vibha Kankanwadi, J., reversed the acquittal of the respondent-accused holding him guilty of having committed an offence under Section 138

New releases News

Get an insight on the interplay of IB Code with several other statutes in “Insolvency and Bankruptcy Code: Law and Practice” | Buy Your Copy Now!

by Akaant Kumar Mittal

Case Briefs High Courts

Chh HC | In a case where question of recovery of loan amount is based on the deed of ‘ikrarnama’ where does the burden of proof lie regarding its authenticity; HC decides

Chattisgarh High Court: Sanjay S. Agarwal J., dismissed the appeal being devoid of merits. The facts of the case are such that

Case Briefs High Courts

Ker HC | It is in the interest of citizenry that elections to local body are conducted in a free and fair manner and well-meaning candidates get elected to the local bodies; necessary directions issued

Kerala High Court: Raja Vijayaraghavan V J., while allowing the present petition, discussed the importance of free and fair elections and further

Case Briefs High Courts

MP HC | Custody of the child with the mother can not be said to be illegal confinement; Court dismisses petition

Madhya Pradesh High Court: S.A.Dharmadhikari J., dismissed a writ petition which was filed invoking the jurisdiction of the Court under Article 226

Cases Reported SCC Weekly

2020 SCC Vol. 7 Part 4

Muslim Women (Protection of Rights on Divorce) Act, 1986 — Ss. 3, 4, 5 and 7 — Claim of maintenance by divorced

Case Briefs High Courts

AP HC | “Real respect and honour is to render speedy justice to senior citizens”: HC says early disposal of cases concerning senior citizens should be prioritised

Andhra Pradesh High Court: Battu Devanand, J., observed that: It is the duty of the Courts to see that the senior citizens

Case Briefs High Courts

Bom HC | If the wife is earning something for livelihood, can the same be a ground to refuse alimony under S. 24 of Hindu Marriage Act? Read Court’s ruling reiterating SC’s decision

Bombay High Court: Mangesh S. Patil, J., in the present application directed the husband to pay an amount of Rs 10,000 towards alimony

OP. ED.Practical Lawyer Archives

Compliance Checklist for Preparing Minutes of Board Meeting Conducted through Videoconferencing

Gaurav N Pingle, Practising Company Secretary, Pune

Cite as: (2020) PL (CSP) December 61

Op Eds OP. ED.

Metamorphosis of FDI Regime in India: FERA to FEMA

Bhumesh Verma, Managing Partner, Corp Comm Legal and Namrata Singhal, Third year BBA LLB student, Vivekananda Institute of Professional Studies

Cite as: (2020) PL (CL) December 69

Case Briefs High Courts

[MV Act] Chh HC | Whether ‘gratuitous passenger’ is covered for compensation under ‘Liability Only Policy’ by insurance company? Ambit of “Legal representatives’ discussed

Chhattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal and modified the

Case Briefs High Courts

Bom HC | Can real estate developers rely on ‘force majeure’ clause to deny possession to homebuyers? Court explains

Bombay High Court: S.C. Gupte, J., held that a real estate developer cannot rely on usual ‘force majeure’ clause to deny possession to

Legislation Updates Rules & Regulations

IFSCA notifies International Financial Services Centres Authority (Bullion Exchange) Regulations, 2020

In the Union Budget 2020, Union Minister of Finance Corporate Affairs Nirmala Sitharaman had made an announcement for setting up an International

Legislation Updates Notifications

Handicraft and GI Toys exempted from Quality Control Order

Taking steps towards the Prime Minister’s vision of making India a global manufacturing hub for sale & exports of toys, Department for

Case Briefs High Courts

HP HC | [Or. 1 R. 10 CPC] Due to subsequent events, proforma defendant had started sailing in the plaintiff’s boat and had acquired interests common to the plaintiff; Transposition of parties upheld

Himachal Pradesh High Court: Jyotsna Rewal Dua, J., while rejecting the present petition, upheld the decision of the trial court as the

Case Briefs High Courts

Bom HC | State Govt. declares ATMA, XAT, MAT, GMAT entrance tests not to be valid eligibility for MBA/MMS courses, instead only MS-CET, CMAT and CET to be valid: Read HC’s decision on Government Circular

Bombay High Court: The Division Bench of Dipankar Datta, CJ and G.S. Kulkarni, J., observed that “…any action on the part of the

Case Briefs High Courts

Chh HC | Merely proving the signature of the attesting witness would not amount to the due compliance of S. 69 of the Evidence Act; S.90 of Evidence Act not to apply on wills

Chhattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such