Bar under rule 3A attracted if compromise on basis of which decree was passed was void or voidable
Whether the bar under Rule 3A of Order XXIII shall be attracted in the facts of the present case as held by the Courts below is the...
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- Jul 5, 2021
- 4 min
NDMA To Recommend Guidelines For Ex Gratia Assistance For Loss Of Life To Family Members : Covid-19
Reepak Kansal v. Union of India and others WITH Gaurav Kumar Bansal v. Union of India and others WRIT PETITION (CIVIL) NO. 554 of 2020...
- Jul 4, 2021
- 4 min
The Second Condition Is A Prerequisite To Attract Kidnapping or abduction U/s 364A Of The IPC: SC
Shaik Ahmed v. State of Telangana CRIMINAL APPEAL NO.533 OF 2021. Decided on June 28, 2021. The two-judge bench comprising Justice Ashok...
- Jul 4, 2021
- 5 min
Central Govt To Allocate &Distribute Food Grains As Per Demand Of States To Migrant Labourers: SC
Bandhua Mukti Morcha v. Union of India & Ors. SUO MOTU WRIT PETITION (CIVIL) NO.6 OF 2020 With Writ Petition (C) No.916 of 2020 Decided...
- Jun 17, 2021
- 8 min
SC Quashed FIR against Vinod Dua: Petitioner was within permissible limits laid in Kedar Nath Singh
It must however be clarified that every Journalist will be entitled to protection in terms of Kedar Nath Singh, as every prosecution...
- Jun 13, 2021
- 4 min
Contempt action ought to proceed only in respect of established willful disobedience: SC
CONTEMPT ACTION OUGHT TO PROCEED ONLY IN RESPECT OF ESTABLISHED WILFUL DISOBEDIENCE OF THE ORDER OF THE COURT: SC Abhishek Kumar Singh v....
- May 27, 2021
- 4 min
The existence of an arbitration clause does not debar the court from entertaining a writ petition:SC
Even though there is an arbitration clause, the Petitioner herein has not opposed the writ petition on the ground of existence of an...
- May 27, 2021
- 2 min
SC upholds provisions of insolvency and bankruptcy code on insolvency of personal guarantors
It is held that approval of a resolution plan does not ipso facto discharge a personal guarantor (of a corporate debtor) of her or his...
- May 19, 2021
- 6 min
If appeal is rightly entertained, HC is entitled to re-appreciate the entire evidence independently
Once the appeal was rightly entertained against the order of acquittal, the High Court was entitled to re-appreciate the entire evidence...
- May 19, 2021
- 8 min
Till the 102nd amendment, definition & the manner of identification of BCs & SEBCs were silent: SC
The interpretation suggested by the respondents, and by Ashok Bhushan, J., that the power of the states, which existed till the 102nd...
- May 18, 2021
- 3 min
No requirement that an application is required to be filed before the secondary evidence is led: SC
There is no requirement that an application is required to be filed in terms of Section 65(c) of the Evidence Act before the secondary...
- May 18, 2021
- 5 min
Civil & Crl cases continue together or not is not a question for determination of transfer petition
I shall proceed on the basis that the suits being heard by the Delhi High Court would have points which could overlap with those involved...
- May 14, 2021
- 7 min
CG & SG’s must take effective methods to tackle the supply of essential drugs & shortage of oxygen
In light of the continuing surge of infections in the second wave of the pandemic, we direct the Central Government and State...
- May 14, 2021
- 8 min
Only if wrongful termination proved reinstatement with continuity of service & back wages granted:SC
Deepali Gundu Surwase (supra), the matter arose under the Maharashtra Employees of Private Schools (condition of service) Regulation Act,...
- May 14, 2021
- 2 min
Self-Employed Deceased Aged Below 40 entitled to 40% Addition as Future prospects, MAC: SC
The court relied upon the pranay sethi and sarla verma case as the one of the deceased was 37 years old and self employed. Since, the...
- May 14, 2021
- 4 min
When the terms of the document leave the question of doubt, then resort could be had to proviso: SC
It is manifest from Section 95 and proviso 6 of Section 92 of the Evidence Act that it is only in cases where the terms of the document...
- May 7, 2021
- 5 min
S.3(2)(v)SC/ST Act attracts when caste identity is a ground for the occurrence of offence: SC
Under Section 3(2)(v), an enhanced punishment of imprisonment for life with fine is provided where (i) The offence is committed by a...
- May 7, 2021
- 2 min
SC strikes down WB-HIRA: Encroachment of State Legislature upon the domain of Parliament
We have come to the conclusion that WB-HIRA is repugnant to the RERA, and is hence unconstitutional. We also hold and declare that as a...
- May 7, 2021
- 6 min
Freedom of Speech and Expression Extends to Reporting Court Proceedings As Well: SC
Freedom of speech and expression extends to reporting the proceedings of judicial institutions as well. Courts are entrusted to perform...
- May 6, 2021
- 4 min
Original plaintiff shall be entitled to recover the entire amount of compensation under the LAA: SC
Section 21 enables award of compensation in lieu and substitution of the specific performance. So far as the plaintiff shall be entitled...
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