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India Columns

Army personnel not entitled to a disability pension if the injury is not attributable to military service: Supreme Court

Army personnel not entitled to a disability pension if the injury is not attributable to military service: Supreme Court

Date: Nov 3, 2022
Case Title: Union of India V. Ex Naik Ram Singh According to the Supreme Court, military members cannot get a disability pension if there isn't even a direct link between their military service and...
The transaction in its entirety particularly relating to the physical assault, would amount to culpable homicide amounting to murder or culpable homicide not amounting to murder, SC decides

The transaction in its entirety particularly relating to the physical assault, would amount to culpable homicide amounting to murder or culpable homicide not amounting to murder, SC decides

Date: Nov 3, 2022
Case Name: Ajmal vs State of Kerala (2022) The Supreme Court recently reiterated its views on critical factors for determining whether a culpable homicide amounts to murder and distinguishing it from...
Statements made under section 161 CrPC relevant in considering prima facie case against the accused in his Bail application: Supreme Court

Statements made under section 161 CrPC relevant in considering prima facie case against the accused in his Bail application: Supreme Court

Date: Nov 3, 2022
Case Title: Indresh Kumar V. State of Uttar Pradesh The Supreme Court noted that in the instance of a serious offence, remarks made according to Section 161 of the Code of Criminal Procedure are...
Parties cannot presume the Non-Application of Section 9 of the Arbitration & Conciliation Act in case they chose foreign seated Institutional Arbitration: Delhi High Court

Parties cannot presume the Non-Application of Section 9 of the Arbitration & Conciliation Act in case they chose foreign seated Institutional Arbitration: Delhi High Court

Date: Nov 3, 2022
Case Title: Shanghai Electric Group Co. Ltd. v. Reliance Infrastructure Ltd. O.M.P. (I) (COMM.) In an "Equipment Supply and Service Contract" dated 26.06.2008, SEGCL (Petitioner) and Reliance Infra...
Supreme court upholds the constitutionality of Enforcement Directorate (ED) on power to arrest, attachment, search and Seizure

Supreme court upholds the constitutionality of Enforcement Directorate (ED) on power to arrest, attachment, search and Seizure

Date: Nov 3, 2022
The Prevention of Money Laundering Act,  provisions relating to the authority of arrest, attachment, search, and seizure granted to the Enforcement Directorate were affirmed by the Supreme Court in...
Punitive tool must not be used as a Power to Arrest: Supreme Court

Punitive tool must not be used as a Power to Arrest: Supreme Court

Date: Nov 3, 2022
In Mohammed Zubair v. State of NCT of Delhi and others, the Supreme Court recently stated some crucial directives to the police agencies against the use of the power of arrest as a "punitive tool". ...
The change in layout or packaging would not matter if the main features of the Registered Trademark are Infringed: Delhi High Court

The change in layout or packaging would not matter if the main features of the Registered Trademark are Infringed: Delhi High Court

Date: Nov 3, 2022
In case of Sun Pharmaceutical Industries Ltd v. Punam Devi the plaintiff had worked in the production of specialised medications since 1978. In 2014, they purchased all of Ranbaxy Laboratories'...
Decree Holders Cannot Be Treated at Par with Financial Creditors Under IBC: Supreme Court

Decree Holders Cannot Be Treated at Par with Financial Creditors Under IBC: Supreme Court

Date: Nov 3, 2022
The Supreme Court in Shubhankar Bhowmik v Union of India & Anr upheld the Tripura High Court’s judgment which had held that "decree-holders" cannot be treated at par with "financial creditors" under...
During examination of the Bail Application, Courts should focus on the availability of reasonable grounds for believing that the accused is not guilty of the offences: Supreme Court

During examination of the Bail Application, Courts should focus on the availability of reasonable grounds for believing that the accused is not guilty of the offences: Supreme Court

Date: Nov 3, 2022
The 3-Judge Bench of N. V. Ramana, CJ., Krishna Murari in the case of Narcotics Control Bureau vs Mohit Aggarwal, and Hima Kohli reversed the impugned order of the Delhi High Court releasing the...
UGC regulations of 2016 exempting PhD holders from NET qualification to apply retrospectively: Supreme Court

UGC regulations of 2016 exempting PhD holders from NET qualification to apply retrospectively: Supreme Court

Date: Nov 3, 2022
The Supreme Court in University of Kerala And Ors. Etc. v. Merlin J.N. And Etc. held that the UGC (Minimum Qualifications for Appointment and Career Advancement of Teachers in Universities and...
Substantive Right Of Appeal To 'Victim' Is not Retrospective in nature under Section 372 CrPC proviso

Substantive Right Of Appeal To 'Victim' Is not Retrospective in nature under Section 372 CrPC proviso

Date: Nov 2, 2022
The Allahabad High Court in Triyugi Nath Tiwari v. State Of U.P. observed that the amendments made in Section 372 CrPC by adding a proviso in the year 2009, creating a substantive right of appeal for...
Judicial order refusing permission to travel abroad is an interlocutory order and can be challenged under Section 482 of CrPC: Punjab and Haryana HC

Judicial order refusing permission to travel abroad is an interlocutory order and can be challenged under Section 482 of CrPC: Punjab and Haryana HC

Date: Nov 2, 2022
The Punjab & Haryana High Court in the case of Gaurav Raheja v. State of Punjab and another held that a judicial order refusing permission to travel abroad would qualify as an "interlocutory order"...
Reduction of Sentence under the  NDPS Act : Supreme Court

Reduction of Sentence under the NDPS Act : Supreme Court

Date: Nov 2, 2022
The Supreme Court in Budhiyarin Bai v. the State of Chhattisgarh reduced the sentence awarded to an aged and illiterate lady who was found guilty of possessing the commercial quantity of illegal...
Abetment of suicide a heinous offence; cannot be quashed on the basis of compromise: Supreme Court

Abetment of suicide a heinous offence; cannot be quashed on the basis of compromise: Supreme Court

Date: Nov 2, 2022
Case Title: Daxaben vs State of GujaratAccording to the Supreme Court, an FIR filed under Section 306 IPC (suicide attempt) cannot be dismissed on the basis of a settlement under Section 482 CrPC....
Trademark dispute over the ISKCON mark: Order passed by the Bombay HC on Interim Application

Trademark dispute over the ISKCON mark: Order passed by the Bombay HC on Interim Application

Date: Nov 2, 2022
Case Title: International Society for Krishna Consciousness Bangalore (ISKCON) Vs. International Society for Krishna  The International Society for Krishna Consciousness (ISKCON), the first...
Question of constitutional validity cannot be dealt in a casual or cryptic manner: SC sets aside Karnataka HC judgment

Question of constitutional validity cannot be dealt in a casual or cryptic manner: SC sets aside Karnataka HC judgment

Date: Nov 2, 2022
Case Title: State of Karnataka V. BR Muralidhar The Karnataka High Court's ruling that Section 20 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 was unconstitutional was overturned...
Morbi bridge collapse depicts utter negligence of govt authorities: PIL in SC seeks judicial probe.

Morbi bridge collapse depicts utter negligence of govt authorities: PIL in SC seeks judicial probe.

Date: Nov 2, 2022
In response to the recent Morbi bridge collapse in Gujarat, which left 137 people dead, a public interest lawsuit has been instituted in the Supreme Court. Once the PIL was filed, the CJI was...
Before the expiry of limitation period, Customs Authority cannot encash bank guarantee: Bombay High Court

Before the expiry of limitation period, Customs Authority cannot encash bank guarantee: Bombay High Court

Date: Nov 2, 2022
The petitioner, S. J. Enterprises was found guilty by the Customs Authority in the case of S.J. Enterprises & Anr. v. Union of India. In this case the Assistant Commissioner of Customs requested the...
Service Law Update:- Court Cannot Reappreciate Evidence Already Considered By Departmental Authorities

Service Law Update:- Court Cannot Reappreciate Evidence Already Considered By Departmental Authorities

Date: Nov 2, 2022
The Delhi High Court in SH D.C. NARNOLIA v. CANARA BANK AND ORS observed that the Courts while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental...
Only working employees during CIRP can claim Salary or Wages under IBC: Supreme Court

Only working employees during CIRP can claim Salary or Wages under IBC: Supreme Court

Date: Nov 2, 2022
The Hon'ble Supreme Court while adjudicating an appeal filed in the matter of Sunil Kumar Jain and others versus Sundaresh Bhatt and others held that only working employees during the Corporate...
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