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S.149 MV Act: Vehicle Owner Not Liable If He Was Of Bona Fide Belief Regarding Genuineness Of Driver's License: Kerala High Court

   22 September 2022 at 10:41

The Kerala High Court on Thursday held that when the owner of a vehicle is satisfied that the driver has a license and is driving competently, there would be no breach of Section 149(2)(a)(ii) of the Motor Vehicles Act, and hence the Insurance Compan ..

Posted in Others |   194 Views


The Madhya Pradesh High Court Recently Held That A Bank Cannot Backout From Implementing The One Time Settlement (OTS) Offer It Had Proposed, After It Was Accepted By The Borrower

   22 September 2022 at 10:41

Facts of the case Facts of the case were that the Petitioner, in the capacity of the Director of a company, stood as guarantor for a loan advanced by the Respondent Bank and had mortgaged his immovable property for the same. The loan was later decla ..

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Order XLI Rule 3-A CPC: Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently J&K&L High Court

   22 September 2022 at 10:41

FACTS A plea under Article 227 was made, in terms of which the petitioner assailed an order passed by Principal District Judge, Bandipora on an Interim Application arising out of an appeal. Prayer was made for dismissal of appeal and application for ..

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Section 278 CrPC: Orissa High Court Answers In Negative To Whether Witnesses Can Seek Correction In Evidence After Signing Deposition Sheet

   21 September 2022 at 13:25

The High Court of Orissa had held that a witness cannot be allowed to seek correction or modification of his/her deposition statement after he affixes his sign on deposition sheets once the evidence or statements were read to him, and those that are ..

Posted in Others |   208 Views


Violation Of 'Moral Code Of Conduct' No Ground To Declare Election As Void U/S 100 Of Representation Of People Act: MP High Court

   21 September 2022 at 11:04

Facts The returning election candidate/Respondent was accused of violating the moral code of conduct by the Petitioner, who filed the election petition. It was argued that the Respondent gave unpleasant comments to divide two communities along religi ..

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Judicial Magistrate Can Take Cognizance Even Against Persons 'Not Charge-Sheeted' For Offences Exclusively Triable By Court Of Sessions: Orissa HC

   21 September 2022 at 11:04

It was therein noted that the earlier judgments of the Supreme Court in Raj Kishore Prasad v. State of Bihar, Ranjit Singh v. State of Punjab and Kishori Singh v. State of Bihar had held that when an offence exclusively triable by the Court of Sessio ..

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S.135 Trade Marks Act | Scope Of Granting Interim Injunction Is Limited, Vigil & Caution Must While Granting Ex-Parte Relief: Kerala High Court

   21 September 2022 at 11:03

Section 135 of Trade Mark Act Relief in suits for infringement or for passing off.—The relief which a court may grant in any suit for infringement or for passing off referred to in section 134 includes injunction (subject to such terms, if any, ..

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Gujarat High Court Upheld That An Order Of Inquiry Under Section 26 Of The Competition Act, 2000 Does Not Affect Parties' Rights And The Opportunity Of Hearing Is Not Mandatory

   20 September 2022 at 13:20

The High Court of Gujarat held that inquiry under Section 26 of the Competition Act, it was stated that there is no violation of the parties rights and issuing the opportunity of a hearing shall not be mandatory.[Case Title: M/S. SHREE SHIVAM CORPORA ..

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Not Necessary To Give Opportunity Of Hearing To Would-Be Accused Before Court Makes Complaint U/Sec 195/340 CrPC : Supreme Court

   20 September 2022 at 13:20

What are Section 195 and 340 of Criminal Code ProcedureIn order to initiate proceedings under Section 340 of the CrPC, first of all, a prima facie offence via evidence and statements shall be established in the case. This means that all the material ..

Posted in Others |   167 Views


Supreme Court Allows Amendment Of BCCI Constitution; Cooling Off Period Only After Two Consecutive Terms At BCCI Or State Association For Respective Levels

   19 September 2022 at 13:55

The Supreme Court on Monday allowed the BCCI to amend its Constitution pertaining to cooling-off period for its office bearers, clearing the way for extension of the terms of BCCI president Sourav Ganguly and secretary Jay Shah till 2025. Both Gangul ..

Posted in Others |   69 Views