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India Columns

Student received compensation after she was denied admission erroneously

Student received compensation after she was denied admission erroneously

Date: Oct 6, 2022
A student was recently awarded Rs. 10 lakh in compensation by the Madras High Court from Tamil Nadu Engineering Admissions for denying her entrance to the Architecture programme. The court further...
Prior to trial, it needs to be determined whether the suit falls under section 92 of the CPC

Prior to trial, it needs to be determined whether the suit falls under section 92 of the CPC

Date: Oct 6, 2022
The Kerala High Court ruled that any dispute regarding whether a lawsuit fits under Section 92 of the Code of Civil Procedure (C.P.C.) must be resolved prior to the trial. The court stated that a...
The petitioner may argue any defences against the existence and legality of the arbitration clause before the arbitral tribunal

The petitioner may argue any defences against the existence and legality of the arbitration clause before the arbitral tribunal

Date: Oct 6, 2022
The purpose of the Arbitration and Conciliation Act, 1996 is to allow a party to challenge the existence and legality of the arbitration agreement before the Arbitral Tribunal; as a result, the High...
Prior Notice is must for physical verification of business premises for GST registration

Prior Notice is must for physical verification of business premises for GST registration

Date: Oct 4, 2022
Delhi High Court held that it is against the natural justice concept to physically inspect business locations for GST registration without first giving notice.   In the instant case titled Curil...
Recovery of Annual Report and Share Certificate from the Assessee's Premises are Not Incriminating Documents

Recovery of Annual Report and Share Certificate from the Assessee's Premises are Not Incriminating Documents

Date: Oct 4, 2022
Case Title: PCIT Versus Panchmukhi Management Services Pvt. Ltd. ITA 319/2022 The annual report and share certificate that was recovered from the assessee premises cannot be seen as incriminating...
Rent Control Acts are not meant to deprive landlords of their bonafide properties

Rent Control Acts are not meant to deprive landlords of their bonafide properties

Date: Oct 4, 2022
The Rajasthan High Court in Mangal Das through LRS  v. Amar Singh through LRS has observed that the basic object of the Rajasthan Rent Control Act, 1950 is to save the harassment of tenants from...
Trees only hope for environmental redemption and should not be cut needlessly.

Trees only hope for environmental redemption and should not be cut needlessly.

Date: Oct 4, 2022
The Delhi High Court NEERAJ SHARMA v/s VINAY SHEEL SAXENA & ORS. observed that must not be allowed to be cut needlessly or wantonly.  The Hon’ble Bench observed that “In this capital city with its...
Delhi High Court stays TDSAT Order directing Star, Sony and Sun TV to provide Information on OTT Content to TRAI

Delhi High Court stays TDSAT Order directing Star, Sony and Sun TV to provide Information on OTT Content to TRAI

Date: Oct 4, 2022
Case Title: Star India Private Limited v. Telecom Regulatory Authority of India The broadcasters were instructed by TDSAT to furnish information regarding how they stream live linear channels on...
Non-Payment or Insufficiency Of Stamp Duty Cannot Render The Arbitration Agreement Invalid

Non-Payment or Insufficiency Of Stamp Duty Cannot Render The Arbitration Agreement Invalid

Date: Oct 4, 2022
The Delhi High Court in Drooshba Fabricators v. Indue Private Limited observed that non-payment or insufficiency of stamp duty on the underlying agreement cannot render the arbitration clause...
The Allahabad High Court Confirms Death Penalty Awarded To A Man Who Slayed 6 Lives To Quench His Thirst.

The Allahabad High Court Confirms Death Penalty Awarded To A Man Who Slayed 6 Lives To Quench His Thirst.

Date: Oct 4, 2022
The Court in State of U.P. v. Sarvan and connected appeals confirmed the death penalty awarded to a man who committed the murder of his wife and children on account of an illicit relationship with...
Person Flying Kites Can't Modify Thread To Sharpen It With Metallic Or Glass Components.

Person Flying Kites Can't Modify Thread To Sharpen It With Metallic Or Glass Components.

Date: Oct 4, 2022
The Delhi High Court in Hathkargah Laghu Patang Udyog Samiti (Reg.) v/s Government Of Nct Of Delhi And Anr. observed that a person engaged in kite flying cannot modify the kite flying thread to...
Caste identity is required to file a case against atrocities

Caste identity is required to file a case against atrocities

Date: Oct 4, 2022
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act cannot be invoked just because the accused knew the victim's caste status, the Chhattisgarh High Court has reaffirmed. It was...
For POCSO Cases, half of the punishment of life imprisonment is 10 years.

For POCSO Cases, half of the punishment of life imprisonment is 10 years.

Date: Oct 4, 2022
The Bombay High Court in Suresh @ Pintya Kashinath Kamble v/s The State of Maharashtra sentenced a convict to undergo a jail term of 10 years i.e., one-half of life imprisonment under the POCSO Act. ...
An Accused's extrajudicial confession can be admitted in evidence only for corroboration.

An Accused's extrajudicial confession can be admitted in evidence only for corroboration.

Date: Oct 4, 2022
The Supreme Court in Chandrapal vs State of Chhattisgarh observed that an extra-judicial confession made could be admitted only as a corroborative piece of evidence.  The Court held that...
Appropriate POCSO Act enforcement and prompt recording of victims' testimonies

Appropriate POCSO Act enforcement and prompt recording of victims' testimonies

Date: Oct 4, 2022
The Bombay High Court instructed a public interest plaintiff seeking better POCSO Act enforcement to submit his recommendations to the High Court Committee on POCSO Matters. According to Section...

Menace of manual scavenging, Allahabad High Court takes notice.

Menace of manual scavenging, Allahabad High Court takes notice.

Date: Oct 4, 2022
The Allahabad High Court in Re Ensuring the Security of Life and Safety of Health of the workmen and employees engaged v. The Chief Secretary, Government of U.P. Lucknow and others took suo moto...
Employee upon suspension not entitled to back wages even after acquittal from criminal charges

Employee upon suspension not entitled to back wages even after acquittal from criminal charges

Date: Oct 4, 2022
According to the Bombay High Court, an employee who was thought to be suspended owing to criminal allegations is not entitled to back pay despite being cleared of all charges, as a deemed suspension...
Temporary Injunction Can Be Continued By Appellate Court If Trial Court Finding Is Not Clear On Title Of Suit Property.

Temporary Injunction Can Be Continued By Appellate Court If Trial Court Finding Is Not Clear On Title Of Suit Property.

Date: Oct 4, 2022
The Karanataka High Court in Shadakshari C.L & others v Santhosha C.A & others. Observed that if the trial court has not given a clear finding regarding the possession of suit property, the appellate...
An individual arrested under the UAPA has little chance of being released on bail; the restraining authority must show compelling reasons for his detention

An individual arrested under the UAPA has little chance of being released on bail; the restraining authority must show compelling reasons for his detention

Date: Oct 4, 2022
The Jammu and Kashmir and Ladakh High Court have held that preventive detention orders may be issued even when a person is in police custody. The authority must, however, document strong...
Accepting Terms And Conditions On Website Containing Arbitration Agreement Is Enough To Render The Agreement Valid.

Accepting Terms And Conditions On Website Containing Arbitration Agreement Is Enough To Render The Agreement Valid.

Date: Oct 4, 2022
The Bombay High Court in Ingram Micro India Pvt. Ltd. versus Mohit Raghuram Hegde, Proprietor Creative Infotech observed that it is now a settled principle of law that a mere allegation of fraud...
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