India Columns

Joint Hindu Family Property in India: A Comprehensive Legal Analysis

Date: Dec 7, 2022

Joint Hindu Family Property in India: A Comprehensive Legal Analysis Introduction The concept of the Joint Hindu Family (JHF) and Joint Hindu Family Property (JHFP), also known as coparcenary...

Even if a charge sheet or report seeking an extension of time is subsequently filed, the right to default bail is still enforceable: Supreme Court

Date: Dec 6, 2022

Case Title: M. Ravindran v. The Intelligence Officer According to the Supreme Court, the prosecutor cannot prevent the execution of the accused's inalienable right by filing a final report, an...

If the case is substantially barred by limitation, the plaint may be rejected: Supreme Court

Date: Dec 6, 2022

Case Title: Raghwendra Sharan Singh v. Ram Prasanna Singh According to the Supreme Court, a plaint may be dismissed in accordance with Order 7 Rule 11(d) of the Code of Civil Procedure if, after...

Sarla Verma v. Delhi Transport Corporation: Standardising the Law of Motor Accident Compensation in India

Date: Dec 6, 2022

Sarla Verma v. Delhi Transport Corporation: Standardising the Law of Motor Accident Compensation in India 1. Introduction The Supreme Court’s decision in Sarla Verma (Smt) and Others v. Delhi...

Benefit under 197 CrPC can only be availed under certain specific circumstances: Gujarat High Court

Date: Dec 6, 2022

Case Title: Pravinsinh Jhala v. State Of Gujarat & 3 Others  The Gujarat High Court observed that when a government servant is accused of a criminal offence, there has to be a reasonable connection...

The intent of Section 311, CrPC is not to "Cure Defects": Punjab and Haryana HC

Date: Dec 6, 2022

Case Title: Raman Kumar v. the State of Haryana and Another  The Punjab & Haryana High Court observed that Section 311 CrPC, which makes provision for recall of material witnesses, is not meant to...

Section 389 CrPC & Section 148 NI Act are not mutually dependent: Punjab and Haryana HC

Date: Dec 6, 2022

Case Title: Amit Kumar (Deceased) through his LR's mother Smt. Sushila Devi v. the State of Haryana and another  The Punjab & Haryana High Court observed that Section 389 of CrPC and Section 148 of...

States Are Allowed to Offer In-Service Quota For PG-Super Specialty Medical Courses: Kerala High Court

Date: Dec 6, 2022

Case Title: DR.BILU B.S. v. UNION OF INDIA The Kerala High Court has ordered that the 40% in-service quota under the Kerala Medical Officers Postgraduate and Service Quota Act, 2008 should be put...

Discharge of NGT functions cannot be obviated by tasking committees to carry out a function which vests in the tribunal: Supreme Court

Date: Dec 6, 2022

Case Title: Sanghar Zuber Ismail v. Ministry of Environment, Forests and Climate Change The National Green Tribunal's adjudicative role cannot be delegated to committees, according to the Supreme...

Daughters have coparcenary rights even if the father had died before the 2005 amendment came into effect: Supreme Court

Date: Dec 6, 2022

Case Title: VINEETA SHARMA V. RAKESH SHARMA The Supreme Court has ruled, a daughter shall get a share under the Hindu Succession (Amendment) Act, 2005 regardless of whether her father was alive or...

Insufficient Court Fees in Indian Civil Litigation

Date: Dec 5, 2022

Navigating the Labyrinth of Insufficient Court Fees in Indian Civil Litigation: A Scholarly Analysis Introduction The levy of court fees is an integral aspect of the administration of justice in...

An Analysis of Section 8 of the Indian Arbitration and Conciliation Act, 1996: Judicial Power to Refer Parties to Arbitration

Date: Dec 3, 2022

An Analysis of Section 8 of the Indian Arbitration and Conciliation Act, 1996: Judicial Power to Refer Parties to Arbitration Introduction Section 8 of the Arbitration and Conciliation Act, 1996...

A liberal interpretation of pension and other retirement benefit rules is necessary: Meghalaya HC

Date: Dec 2, 2022

Case Title: Shri. Anwarul Kadir v. State of Meghalaya & Ors. The Meghalaya High Court stated that rules governing pensions and other retirement benefits are helpful in character and should be...

If a statutory instrument has devised a formula which affords better or greater benefit, such statutory instrument must be allowed to operate unless invalid: Supreme Court

Date: Dec 2, 2022

Case Title: New India Assurance Co. Ltd. v. Urmila Shukla The Supreme Court stated that the Pranay Sethi decision does not limit the use of a statutory provision awarding larger compensation in the...

No embargo on bail under section 37 of NDPS Act if the contraband is of small quantity: Gujarat High Court

Date: Dec 2, 2022

Case Title: Mahendrabhai Manglabhai Bodat v. the State Of Gujarat  The Gujarat High Court granted bail to an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, while observing...

After the FIR has been quashed against the accused, PMLA Proceedings cannot be allowed against him: Delhi High Court

Date: Dec 2, 2022

Case Title: Indiabulls Housing and Finance Limited v. Enforcement Directorate  The Delhi High Court while setting aside the proceedings under the Prevention of Money Laundering Act, 2002 against...

Stagnancy in reservations: Supreme Court claims that the benefits of reservations are not reaching the most underprivileged sections

Date: Dec 2, 2022

Case Title: The State of Punjab and others v. Davinder Singh and others According to the Supreme Court's Constitution Bench, the State Government may favour one additional disadvantaged class among...

Suo Motu Orders extending limitation applied to delays: Supreme Court

Date: Dec 2, 2022

Case Title:  Re: Cognizance for Extension of Limitation The Hon'ble Supreme Court has restored the order extending the limitation period for filing of cases and applications in courts and tribunals....

Approval of a resolution plan under Section 31 IBC does not discharge the guarantor's liability under the loan agreement: Delhi High Court

Date: Dec 2, 2022

The Delhi High Court recently reaffirmed that no writ petition should be accepted once SARFAESI Act proceedings have started and the borrower is harmed by any bank activities for which there is a...

An Additional Report can be filed under section 99 IBC by the Resolution Professional: NCLAT.

Date: Dec 2, 2022

Case Title:- Ramesh Chander Agarwala V. State Bank of India & Anr. The National Company Law Appellate Tribunal made certain observations in the instant appeal which had been filed u/s 61 of the...