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India Columns

Service Of Summons Mandatory, Not Dispensed With Party Entering Appearance By Filing Vakalatnama

Service Of Summons Mandatory, Not Dispensed With Party Entering Appearance By Filing Vakalatnama

Date: Oct 11, 2022
The Bombay High Court in Sunil Gupta and Ors. v. Asset Reconstruction Company (India) Ltd. and Ors.  observed that serving of summons is a mandatory procedural requirement in a debt recovery...
Orders Bereft Of Reasoning Liable To Be Set Aside In Revisional Jurisdiction.

Orders Bereft Of Reasoning Liable To Be Set Aside In Revisional Jurisdiction.

Date: Oct 11, 2022
The Delhi High Court in Phulgita Devi V. Krishan Kumar & Ors. observed that orders devoid of reasoning cannot be termed as good orders and are liable to be set aside in the revisional jurisdiction....
Central Government to Supreme Court: New personal Data Protection Bill under preparation

Central Government to Supreme Court: New personal Data Protection Bill under preparation

Date: Oct 11, 2022
Case Title: Karmanya Singh Sareen v. Union of India On January 17, 2023, the Court posted the matter for further review and noted the Central government's reply. A Constitution Bench of the Supreme...
High Courts can ask for preliminary inquiry on an issue when an objection is taken up by the respondent while appointing an arbitator.

High Courts can ask for preliminary inquiry on an issue when an objection is taken up by the respondent while appointing an arbitator.

Date: Oct 11, 2022
In the case of Emaar India Ltd Vs. Tarun Agarwal Projects LLP. The parties signed a Collaboration Agreement on May 7, 2009 in order to create a residential colony in Gurugram . After that, the...
No relief for the Assistant Professor accused of promoting separatism- J&K&L HC.

No relief for the Assistant Professor accused of promoting separatism- J&K&L HC.

Date: Oct 11, 2022
The Jammu Kashmir and Ladakh High Court in Abdul Bari Naik v. State of J&K and others refused to quash an FIR registered against an Assistant Professor working in a Government college who was accused...
'Excess Retiral Benefits' cannot be recovered if the officer is allowed to continue beyond the retirement date

'Excess Retiral Benefits' cannot be recovered if the officer is allowed to continue beyond the retirement date

Date: Oct 11, 2022
The Bombay High Court in Dr Prakash Borulkar v. State of Maharashtra and Ors. granted relief to a retired medical officer of Thane Municipal Corporation (TMC) whose pension and gratuity was reduced...
Man Convicted For Raping 11-Yr-Old, after more than 10 years of acquittal

Man Convicted For Raping 11-Yr-Old, after more than 10 years of acquittal

Date: Oct 11, 2022
The Delhi High Court in State v. Rahul reversed the ten-year-old Trial Court’s judgment and convicted a man charged with raping an 11-year-old girl.  The facts, in brief, are that back in April 2010,...
Article 227, not Mercy Jurisdiction, Litigants Casually Prosecuting Proceedings before Lower Courts can't expect Sanctuary from HC: Delhi HC

Article 227, not Mercy Jurisdiction, Litigants Casually Prosecuting Proceedings before Lower Courts can't expect Sanctuary from HC: Delhi HC

Date: Oct 11, 2022
Case Title: Kailash Sewani V. Manish Kumar Chaudhary The Delhi High Court has noted that litigants cannot be careless in pursuing the procedures before the Court below and claim protection from the...
Delhi HC: Courts can Direct 'Telegram' to Disclose Info of Copyright Infringers using its Platform, Server being in Singapore

Delhi HC: Courts can Direct 'Telegram' to Disclose Info of Copyright Infringers using its Platform, Server being in Singapore

Date: Oct 11, 2022
Case Title: Neetu Singh & Anr. V. Telegram FZ LLC & Ors. The messaging app Telegram's regulations cannot be used as a shield by copyright violators, according to the Delhi High Court, solely because...
MOU between Private Parties cannot be Specifically Enforced; Party not Entitled to Interim Relief under section 9 Of A&C Act: Delhi HC

MOU between Private Parties cannot be Specifically Enforced; Party not Entitled to Interim Relief under section 9 Of A&C Act: Delhi HC

Date: Oct 11, 2022
Case Title: Royal Orchids V. Kuldip Singh Kohli & Anr. (2022) On August 23, the Delhi High Court made the following observation: The petitioner could not be deemed entitled to relief under Section 9...
Accused cannot be denied the ability to cross-examine the witnesses merely due to their failure to deposit interim compensation as required by Section 143A of the Negotiable Instruments Act: Supreme Court

Accused cannot be denied the ability to cross-examine the witnesses merely due to their failure to deposit interim compensation as required by Section 143A of the Negotiable Instruments Act: Supreme Court

Date: Oct 11, 2022
The Trial Court issued an order in the case of Noor Mohammed vs Khurram Pasha, requiring the accused to deposit 20% of the cheque's amount as interim compensation pursuant to Section 143A of...
A Pharma Company Allowed To Avail CENVAT Credit On Sales Promotion Services.

A Pharma Company Allowed To Avail CENVAT Credit On Sales Promotion Services.

Date: Oct 11, 2022
The Calcutta High Court in Principal Commissioner Of Central Excise Versus M/s Himadri Speciality Chemical Ltd. allowed the pharma company to avail CENVAT credit on sales promotion services. The...
Relevancy Of Questions Asked During Cross-Examination Pertain To Pleadings & Rival Stands And Not Their Merits.

Relevancy Of Questions Asked During Cross-Examination Pertain To Pleadings & Rival Stands And Not Their Merits.

Date: Oct 11, 2022
The Delhi High Court in Ravinder Suri & Ors. V. Dayawati (Since Deceased) Thr Lrs  observed that merits of the rival stands cannot be a material consideration while examining whether a particular...
Amendments to Section 372 CrPC made in 2009 by adding a proviso that creates a substantive right of appeal for the 'victim' is not retrospective in nature.

Amendments to Section 372 CrPC made in 2009 by adding a proviso that creates a substantive right of appeal for the 'victim' is not retrospective in nature.

Date: Oct 11, 2022
In case of Riyugi Nath Tiwari v. State Of U.P. And 2 Others, the Allahabad High Court added a provision to Section 372 CrPC, which gave the "victim" a substantive right of appeal, which was not a...
The Vice-Chancellor in Indian Higher Education: A Juridical Analysis of Powers, Duties, and Limitations

The Vice-Chancellor in Indian Higher Education: A Juridical Analysis of Powers, Duties, and Limitations

Date: Oct 11, 2022
The Vice-Chancellor in Indian Higher Education: A Juridical Analysis of Powers, Duties, and Limitations Introduction The office of the Vice-Chancellor (VC) in the Indian university system is a...
Murder Trial - Supreme Court applies "Sustained Provocation Principle"; Gravity of "Provocation" can be assessed based on the history of abuse

Murder Trial - Supreme Court applies "Sustained Provocation Principle"; Gravity of "Provocation" can be assessed based on the history of abuse

Date: Oct 11, 2022
Case Title: Dauvaram Nirmalkar V. State of Chhattisgarh The issue of losing self-control in response to severe and unexpected provocation is one of fact. Provocation and loss of composure must be...
Bombay HC: Touching Child's Private Parts with Sexual Intent sufficient to attract POCSO Act, Absence of Injury not relevant

Bombay HC: Touching Child's Private Parts with Sexual Intent sufficient to attract POCSO Act, Absence of Injury not relevant

Date: Oct 11, 2022
Case Title: Ramchandra Shrimant Bhandare V. State of Maharashtra  According to the Bombay High Court, it is not necessary to present a medical certificate proving an injury in order to be charged...
The Legal Framework of Post-Dated Cheques in India: An Analysis under the Negotiable Instruments Act, 1881

The Legal Framework of Post-Dated Cheques in India: An Analysis under the Negotiable Instruments Act, 1881

Date: Oct 11, 2022
The Legal Framework of Post-Dated Cheques in India: An Analysis under the Negotiable Instruments Act, 1881 Introduction A post-dated cheque (PDC) is a cheque that bears a date later than the date on...
Analysis of Section 15 CPC

Analysis of Section 15 CPC

Date: Oct 10, 2022
The Principle of 'Court of Lowest Grade': An Analysis of Section 15 of the Code of Civil Procedure, 1908 I. Introduction Section 15 of the Code of Civil Procedure, 1908 (CPC) lays down a fundamental...
Promise of Marriage made in Good Faith but subsequently not Fulfilled: SC Quashes Rape Case

Promise of Marriage made in Good Faith but subsequently not Fulfilled: SC Quashes Rape Case

Date: Oct 10, 2022
The Supreme Court's bench of Justices SK Kaul and MM Sundresh recently noted that there is a difference between a violation of a commitment made in good faith but not kept and a rape case when...
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