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Others Judgments and Orders

Central Provinces and Berar Letting of Houses and Rent

 10 September 2020

The High Court  ultimately held  that such  an application for eviction was maintainable. Hence the appeal to this Court Allowing the appeal and remitting the case back to the Rent Controller. ..

Posted in Others |   687 hits

The Court should fix the amount of maintenance after considering all the circumstances of the parties. No particular amount can be fixed by the Act as the amount may differ from case to case

 10 September 2020

No particular amount for maintenance can be fixed by the Act as the amount may differ from case to case. The Courts have to fix the amount of maintenance considering all the circumstances of both the parties...

Posted in Others |   641 hits

SC on withdrawing case from HC

 08 September 2020

In the judgment of the case – Sunil Rathee & others v. The State of Haryana & Others, delivered on July 23, 2020, the Supreme Court has explained two conditions, based on which the Apex-Court can withdraw a case from a High Court to itself, exercisin..

Posted in Others |   896 hits

Order 1 Rule 10 & Order 6 Rule 10 Of Code Of Civil Procedure - Case Law

 07 September 2020

The petition was dismissed as there was no merits in the review petition...

Posted in Others |   753 hits

[Lower Berth Allotment] Give Highest Priority To Pregnant Women, Then To Senior Citizens And Thereafter to The VVIPs

 05 September 2020

In a well-balanced, well-reasoned, well-analysed and well-worded judgment, a two Judge Bench of the Principal Bench at Jabalpur of Madhya Pradesh High Court comprising of Justice Sanjay Yadav and Justice Atul Sreedharan in its judgment titled In Re..

Posted in Others |   866 hits

Bombay HC Orders Television Channels Maha Movie And Manoranjan TV To Abstain From Broadcasting Zee Owned Films Jung And Kartavya

 05 September 2020

It has to be stated right at the outset that in a major and significant development, the Bombay High Court in a recent, remarkable and righteous decision titled “Zee Entertainment Enterprises Limited Vs Teleone Consumer Product Pvt. Ltd. & Ors.” in ..

Posted in Others |   894 hits

When can a third party file an appeal against a judgement

 04 September 2020

"Section 96 and 100 of the Code of Civil Procedure provide for preferring an appeal from any original decree or from decree in appeal respectively. The aforesaid provisions do not enumerate the categories of persons who can file an appeal. However, i..

Posted in Others |   5444 hits

What are the principles governing the right to appeal in regards to the amendment in procedural law

 04 September 2020

The Supreme Court dismissed the appeal and upheld the right of the board to appeal in High Court as the right to appeal was available to the respondent at the time of initiation of the dispute before the amendment which wasn’t preserved thereof...

Posted in Others |   1097 hits

Section 17, Order 2 Rule 2 Case Law CPC

 03 September 2020

The Court first clarified the word "property" used in Section 17 and held that it includes properties. The court reiterated that interpretation of word "portion of the property" cannot only be understood in a limited and restrictive sense of being po..

Posted in Others |   2450 hits

Section 10 of Carriers Act - Case Law

 03 September 2020

By examining the case, the High Court reversed it’s decision on the judgment which was already given by the Trial Court, stating that the Learned trial court interpreted Section 10 wrongly, as the plaintiff has taken all measures in issuing letters a..

Posted in Others |   947 hits

The High Court should not have entertained the second appeal filed

 03 September 2020

The Supreme Court dismissed the appeal and upheld the decision of the High Court that the civil court didn’t have the territorial  jurisdiction to try the said suit...

Posted in Others |   787 hits

File a suit where the property is situated

 03 September 2020

Delhi High court didn’t have the jurisdiction and the appeal is dismissed...

Posted in Others |   1076 hits

The High Court should not have entertained the second appeal filed

 03 September 2020

The court held that the High court should not have shown indulgence of such magnitude by adjourning the matter when the counsel for the appellant was not present. It is difficult to envision why the Court directed fresh notice to the appellant when t..

Posted in Others |   762 hits

Begging Before Someone To Stand As Surety Comes At Cost Of Pride, Accused Shall Be Allowed To Furnish Cash Deposits For Getting Bail

 02 September 2020

In a well-balanced, well-reasoned, well-analysed and well-articulated judgment, the Himachal Pradesh High Court in Abhishek Kumar Singh vs. State of Himachal Pradesh in Cr.MP(M) No. 1017 of 2020 delivered on July 30, 2020 has made it absolutely cle..

Posted in Others 1 comments |   806 hits

Sec 68 FERA - Liability For Offence Depends On Role One Plays In Company Affairs And Not On Mere Designation Or Status

 02 September 2020

In a remarkable, righteous and recent judgment titled “Shailendra Swarup vs The Deputy Director, Enforcement Directorate” in Criminal Appeal No. 2463 of 2014 delivered just recently on July 27, 2020, the Supreme Court Bench comprising of Justice Asho..

Posted in Others |   556 hits

Once Accused Makes A Plausible Defence Under Section 313 CrPC, Burden Is On The Prosecution To Negate It

 01 September 2020

In a recent, remarkable and righteous decision delivered on July 28, 2020, the Apex Court in Parminder Kaur @ P.P. Kaur @ Soni vs State of Punjab in Criminal Appeal No. 283 of 2011 has made it abundantly clear that once a plausible version has been p..

Posted in Others |   716 hits

Doctors Are Frontline Warriors Against Coronavirus

 01 September 2020

It is most heartening and most refreshing to learn that the Tripura High Court just recently on July 30, 2020 in a notable judgment titled Karnajit De vs. The State of Tripura in AB 87/2020 made no bones in making an important observation in simple ..

Posted in Others |   667 hits

Case Analysis of: M/S. Dhodha House v. S.K. Maingi

 01 September 2020

The Supreme Court dismissed the appeal and upheld the decision of the High Court that the civil court didn't have the territorial jurisdiction to try the said suit...

Posted in Others |   2422 hits

Considerable Unexplained Delay By Drug Authorities To Test A Sample Can Render Proceedings Under Drugs & Cosmetics Void

 31 August 2020

In a recent, remarkable and righteous decision titled Medipol Pharmaceutical India Pvt. Ltd. vs. Post Graduate Institute of Medical Education & Research in Civil Appeal No. 2903 of 2020 (arising out of SLP (C) No. 26349 of 2019) delivered on August 5..

Posted in Others |   662 hits

Not Open To Trial Courts Awarding Life Imprisonment To Further Specify Term Of Incarceration As Remainder Of Natural Life Or Rule Out Remission

 31 August 2020

It is quite refreshing and quite reassuring to see that in a recent, remarkable and righteous decision titled "Savitri vs. State of Haryana and others" in Case No. – CRWP-5238-2020 (O&M) delivered on August 19, 2020, a two Judge Bench of the Punjab a..

Posted in Others |   505 hits