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India Columns

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

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...
The Haryana Ceiling on Land Holdings Act, 1972: A Legal Analysis

The Haryana Ceiling on Land Holdings Act, 1972: A Legal Analysis

Date: Dec 2, 2022
The Haryana Ceiling on Land Holdings Act, 1972: A Comprehensive Legal Analysis Introduction The Haryana Ceiling on Land Holdings Act, 1972 (hereinafter referred to as "the Act" or "the Haryana Act")...
Not possible to reopen the entire discussion in a patent application by use of written submissions and filing of pertinent documents: Delhi High Court

Not possible to reopen the entire discussion in a patent application by use of written submissions and filing of pertinent documents: Delhi High Court

Date: Dec 2, 2022
Case Title: FMC CORPORATION v. THE CONTROLLER OF PATENTS The goal of Rule 28(7) of Patents Rules 2003, according to Justice Pratibha M. Singh of the Delhi High Court, is to record the arguments...
Directions issued for the CBSE to process applications that need amendments: Supreme Court

Directions issued for the CBSE to process applications that need amendments: Supreme Court

Date: Dec 2, 2022
Case: Jigya Yadav v. C.B.S.E. The Supreme Court established directions for the Central Board of Secondary Education to process applications for correction or amendment in certificates issued by it....
Depositing the fine amount could not have been made a pre-requisite to hear the revision petition under 397 CrPC: Supreme Court

Depositing the fine amount could not have been made a pre-requisite to hear the revision petition under 397 CrPC: Supreme Court

Date: Dec 2, 2022
Case Title: R. Kalai Selvi v. Bheemappa The Supreme Court ruled that the payment of a fine cannot be established as a prerequisite for hearing a revision petition under Section 397 of the Criminal...
Every Journalist will be entitled to protection and completely in tune with the law laid down in Kedar Nath Singh: Supreme Court

Every Journalist will be entitled to protection and completely in tune with the law laid down in Kedar Nath Singh: Supreme Court

Date: Dec 2, 2022
Case: Vinod Dua v. Union of India The Supreme Court dismissed an FIR filed by a local BJP leader in Himachal Pradesh against senior journalist Vinod Dua. The FIR had alleged him guilty of sedition...
Seizure does not become illegal merely because it has not been reported to the Magistrate: Allahabad High Court

Seizure does not become illegal merely because it has not been reported to the Magistrate: Allahabad High Court

Date: Dec 2, 2022
Case Title: M/S SJS Gold Pvt. Ltd. Thru. Director Sunil Jaihind Salunkhe And Another v. State Of Up Thru. Addl. Chief Secy. Home Deptt. Civil Secrtt. Lko And Others  The Allahabad High Court observed...
DGCA competent enough to take action while dismissing the PIL in Spice Jet mishap case: Delhi High Court

DGCA competent enough to take action while dismissing the PIL in Spice Jet mishap case: Delhi High Court

Date: Dec 2, 2022
Case Title: Rahul Bhardwaj v. Union of India & Ors. In light of multiple aircraft disasters in the previous instances, the Delhi High Court dismissed a public interest lawsuit that raised safety...
If the informant and the investigating officer is the same person, the accused is entitled to an acquittal: Supreme Court

If the informant and the investigating officer is the same person, the accused is entitled to an acquittal: Supreme Court

Date: Dec 1, 2022
Case Title: Mohanlal v. State of Punjab A three-judge bench of the Supreme Court definitively ruled that the informant and the investigator in NDPS cases cannot be the same individual. If the...
Bona Fide Necessity for Eviction in Indian Rent Control Jurisprudence

Bona Fide Necessity for Eviction in Indian Rent Control Jurisprudence

Date: Dec 1, 2022
The Doctrine of Bona Fide Necessity for Eviction in Indian Rent Control Jurisprudence: A Critical Analysis Introduction The concept of "bona fide necessity" is a cornerstone of rent control...
Request declined to transfer PM CARES funds to NDRF and claims that a new National Disaster Plan for COVID-19 is not necessary: Supreme Court

Request declined to transfer PM CARES funds to NDRF and claims that a new National Disaster Plan for COVID-19 is not necessary: Supreme Court

Date: Dec 1, 2022
Case Title: Centre for Public Interest Litigation V. Union of India The Supreme Court rejected a petition that attempted to transfer money from PM CARES to the National Disaster Relief Fund. The...
No question of expunging the High Court's oral statements because they were not part of the judicial record: Supreme Court

No question of expunging the High Court's oral statements because they were not part of the judicial record: Supreme Court

Date: Dec 1, 2022
Case: Election Commission of India v. MR Vijaya Bhaskar The Supreme Court upheld the freedom of media to record oral observations and discussions made by judges and lawyers during a court process in...
The 'perversity of an award' does not fall under the ground of "Public Policy of India" to set aside an award in an International Commercial Arbitration: Supreme Court

The 'perversity of an award' does not fall under the ground of "Public Policy of India" to set aside an award in an International Commercial Arbitration: Supreme Court

Date: Dec 1, 2022
Case Title: Gemini Bay Transcription Pvt. Ltd. v. Integrated Sales Service Ltd Following a 2015 amendment, the Supreme Court stated that the perversity of an award is no longer a reason to refuse...
Quia Timet Injunctions in Indian Jurisprudence

Quia Timet Injunctions in Indian Jurisprudence

Date: Dec 1, 2022
Quia Timet Injunctions in Indian Jurisprudence: A Scholarly Exposition on Precautionary Justice Introduction The legal maxim "quia timet", translating from Latin as "because he fears," underpins a...
Failure to Prove Execution of a Promissory Note: Implications under Indian Law

Failure to Prove Execution of a Promissory Note: Implications under Indian Law

Date: Dec 1, 2022
Failure to Prove Execution of a Promissory Note: Implications under Indian Law Introduction A promissory note, as defined under Section 4 of the Negotiable Instruments Act, 1881 (hereinafter "NI...
The pendency of matrimonial proceedings in some other jurisdiction not a ground to quash FIR in India: J&K High Court

The pendency of matrimonial proceedings in some other jurisdiction not a ground to quash FIR in India: J&K High Court

Date: Dec 1, 2022
Case Title: Rouf Majid Naqash V. SHO P/S Women's Wing The Jammu & Kashmir & Ladakh High Court ruled that the proceedings for divorce or restitution of conjugal rights are of civil nature whereas the...
Maratha class not entitled to any reservation under Article 16(4) and the grant of reservation under Article 16(4) held unconstitutional: Supreme Court

Maratha class not entitled to any reservation under Article 16(4) and the grant of reservation under Article 16(4) held unconstitutional: Supreme Court

Date: Dec 1, 2022
Case Title: Dr Jaishree Laxmanrao Patil v. The Chief Minister and others The Maratha quota above the 50% ceiling limit has been declared unconstitutional by a Supreme Court Constitution Bench. The...
No appeal lies under Section 37 of the Arbitration Act against an order of enforcement of an Emergency Arbitrator's order made under Section 17(2) of the Act: Supreme Court

No appeal lies under Section 37 of the Arbitration Act against an order of enforcement of an Emergency Arbitrator's order made under Section 17(2) of the Act: Supreme Court

Date: Dec 1, 2022
Case Title: Amazon.Com NV Investment Holdings v. Future Retail Ltd and Others The Supreme Court ruled in favour of e-commerce behemoth Amazon in its fight with Future Retail Limited (FRL) over the...
Confessional Statements Made To "Police Officers" Authorized to Investigate NDPS Cases Are Inadmissible: Supreme Court

Confessional Statements Made To "Police Officers" Authorized to Investigate NDPS Cases Are Inadmissible: Supreme Court

Date: Dec 1, 2022
Case Title: Tofan Singh V. State of Tamil Nadu The Supreme Court ruled by a 2:1 majority that the "confessional" statements they recorded under Section 67 are not admissible because they were made by...
In-camera trials for all sexual harassment cases: Supreme Court extending ambit of 327 CrPC

In-camera trials for all sexual harassment cases: Supreme Court extending ambit of 327 CrPC

Date: Dec 1, 2022
Case Title:  XYZ v. State of Madhya Pradesh The Supreme Court has issued several directives to the trial courts to prevent the suffering and harassment of women who file complaints of sexual...
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