law Archives

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If an employee of a stockbroker conducted fraudulent arbitrage operations for personal benefit causing loss to stockbroker company, would that be covered under ‘Fidelity’ clause of an insurance claim? Read on

National Consumer Disputes Redressal Commission (NCDRC): The Division Bench of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member) while partly allowing

Case Briefs Tribunals/Commissions/Regulatory Bodies

SAT | Selling only one share per transactions despite having adequate holding creates false misleading appearance of trading in the securities market and is violative of Regulation 3 and 4 of PFUTP Regulations

Securities Appellate Tribunal (SAT): Justice Tarun Agarwala, Presiding Officer, Dr C.K.G. Nair Member and Justice M.T. Joshi, Judicial Member affirmed the impugned

Case Briefs High Courts

Madras HC | Zero tolerance for Advocates’ unlawful conduct: HC to ensure that activities of some advocates do not spoil image of entire profession

Madras High Court: N. Anand Venkatesh, J., while addressing the present petition expressed that: “This is the third occasion, in the last

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Condition of bank guarantee found exorbitant; Tribunal allows appeal reducing amount of the bank guarantee

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed an appeal

Case Briefs

Del HC | To avail exemption under S. 8 RTI Act, public authority must give detailed reasons as to how such disclosure would affect the pending investigation; Court remands the matter back to CIC

Delhi High Court: In a petition seeking direction to quash the order of Central Information Commission, Jayant Nath, J. observed, “…where a

Case Briefs High Courts

All HC | 20 yrs in jail for no reason? HC reverses conviction of rape accused; Directs matter to be placed before CJ for considering periodical listing of appeals of those in jail for more than 10 or 14 yrs

Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Gautam Chowdhary, JJ., has requested the Registrar (Listing) through the Registrar

Case Briefs High Courts

Ker HC | Right to be heard cannot be claimed in cases of re-incarceration where initial order of release was without application of mind

Kerala High Court: V.G. Arun, J., dismissed the instant petition whereby the petitioner had challenged his re-incarceration contending violation of natural justice

Hot Off The Press News

Conditional Exemption | Permission granted to BCCI to use drones

Ministry of Civil Aviation (MoCA) and Directorate General of Civil Aviation (DGCA) have granted a conditional exemption to the Board of Control

Case Briefs High Courts

Del HC | If on the basis of materials on record a court could come to the conclusion that commission of the offence is a probable consequence, a case of framing of charge exists

Delhi High Court: Rajnish Bhatnagar, J., upheld the trial court decision in view of no evidence placed on record. Petitioner is a

Case Briefs High Courts

Madras HC | ‘Amend! Make Human Rights Act a Complete Code’, HC suggests to collective wisdom of Parliament: Read point-wise analysis of 517-pages long judgment holding recommendations of Human Rights Commission are binding on Govt., legally enforceable

Madras High Court: A Full Bench of S. Vaidyanathan, V. Parthiban and M.Sundar, JJ. held that the recommendation of the Human Rights

Op Eds OP. ED.

Manual Scavenging and Partial Implementation

by Areeb Uddin Ahmed†

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | “At the time of entertaining the refund claim, the issue of admissibility of the CENVAT credit cannot be raised”: Tribunal allows appeal

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

Case Briefs High Courts

P&H HC | “Sureties are petty farmers, having meager land holdings”; HC reduces penalty of Rs 2 lakh to Rs 5000

Punjab and Haryana High Court: Arvind Singh Sangwan, J., reduced the penalty of Rs 2 lakh to Rs 5000 considering old age

Op Eds OP. ED.

Role of Judiciary to Implement the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994

by Dr. Kaushal J. Thaker†

Op Eds OP. ED.

Jhar HC | When can the second wife be convicted for abetting the offence of bigamy under S. 494 IPC? What are the essential ingredients of such offence? Court examines while acquitting the second wife

Jharkhand High Court: Anubha Rawat Choudhary, J., inter alia, reversed the conviction of the second wife (of the husband of the complainant-first

OP. ED.Practical Lawyer Archives

Compliance Checklist for Amending the Articles of Association of Company

Gaurav N Pingle, Practising Company Secretary, Pune

Cite as: (2021) PL (CSP) January 75

SCC Times

law

NCDRC | If an employee of a stockbroker conducted fraudulent arbitrage operations for personal benefit causing loss to stockbroker company, would that be covered under ‘Fidelity’ clause of an insurance claim? Read on

SAT | Selling only one share per transactions despite having adequate holding creates false misleading appearance of trading in the securities market and is violative of Regulation 3 and 4 of PFUTP Regulations

Madras HC | Zero tolerance for Advocates’ unlawful conduct: HC to ensure that activities of some advocates do not spoil image of entire profession

CESTAT | Condition of bank guarantee found exorbitant; Tribunal allows appeal reducing amount of the bank guarantee

Del HC | To avail exemption under S. 8 RTI Act, public authority must give detailed reasons as to how such disclosure would affect the pending investigation; Court remands the matter back to CIC

All HC | 20 yrs in jail for no reason? HC reverses conviction of rape accused; Directs matter to be placed before CJ for considering periodical listing of appeals of those in jail for more than 10 or 14 yrs

Ker HC | Right to be heard cannot be claimed in cases of re-incarceration where initial order of release was without application of mind

Conditional Exemption | Permission granted to BCCI to use drones

Del HC | If on the basis of materials on record a court could come to the conclusion that commission of the offence is a probable consequence, a case of framing of charge exists

Madras HC | ‘Amend! Make Human Rights Act a Complete Code’, HC suggests to collective wisdom of Parliament: Read point-wise analysis of 517-pages long judgment holding recommendations of Human Rights Commission are binding on Govt., legally enforceable

Manual Scavenging and Partial Implementation

CESTAT | “At the time of entertaining the refund claim, the issue of admissibility of the CENVAT credit cannot be raised”: Tribunal allows appeal

P&H HC | “Sureties are petty farmers, having meager land holdings”; HC reduces penalty of Rs 2 lakh to Rs 5000

Role of Judiciary to Implement the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994

Evolution of ADR Mechanisms in India

Gamut of Section 436-A of the Code of Criminal Procedure: An Analysis

The Doctrine of Merger

Analysis of the Bilateral Netting of Qualified Financial Contracts Act, 2020

Jhar HC | When can the second wife be convicted for abetting the offence of bigamy under S. 494 IPC? What are the essential ingredients of such offence? Court examines while acquitting the second wife

Compliance Checklist for Amending the Articles of Association of Company