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Satyender Jai Cannot Be Disqualified As An Unsound Person Highlights The Delhi High Court: The Plea To Remove Him From The Cabinet Has Been Squashed

   24 August 2022 at 11:04

Delhi High court dismissed the writ petition of the Delhi minister – Satyendar Jain and observed that he cannot be disqualified from Cabinet and Assembly as a "person with unsound mind". Jain is presently in judicial custody in a mon ..

Posted in Others  1 comments |   111 Views


Supreme Court States That The Karnataka High Court’s Decision To Set Aside The Trial Court Order Was “Not Right” An Individual Acquitted Of The Scheduled Offence Cannot Be Prosecuted Under PMLA Act

   22 August 2022 at 10:58

A bench of Justices Dinesh Maheshwari and Krishna Murari made the observations that an individual who was acquitted of the scheduled offence cannot be prosecuted under the Prevention of Money Laundering Act. This statement was concluded after heari ..

Posted in Others |   104 Views


The High Court Within Whose Jurisdiction The Assessing Officer Has Passed The Order, Shall Continue To Exercise The Jurisdiction Of The Appeal Claims The Supreme Court While Hearing The Case Of ITAT Appeal

   22 August 2022 at 10:58

Recently settling the case of Pr. Commissioner of Income Tax-I, Chandigarh v. M/s. ABC Papers Limited, the supreme court held that against orders of Income Tax Appellate Tribunal (ITAT) will lie only before the High Court within whose jurisdiction t ..

Posted in Others |   93 Views


Constitutional Rights For Reservations Of Disabled People Cannot Be Taken Away By Limiting Their Clauses: Persons With Disabilities Act 1995, Guarantees Their Rights To Secure Employment : Observes The Kerela High Court

   20 August 2022 at 12:31

Reservations of the pwd [persons with disabilities] remain only on paper. Instead of being proactive to protect the interests of the disabled, a conscious effort is being taken to thwart their efforts to secure employment bytaking an obstructive or ..

Posted in Others |   121 Views


Standard Proof For Rebutting Presumption Under Section 139 Of The Negotiable Instrument Act Is Preponderance Of Probabilities States The Jharkhand High Court

   20 August 2022 at 12:31

An observation from Justice Deepak Roshan of the Jharkhand high court was that "While section 138 of the Act specifies a strong criminal remedy in relation to the dishonour of cheques, the rebuttable presumption under section 139is a device to ..

Posted in Others |   138 Views


Order Vll Rule 11 Of The Code Of Civil Procedure Gives The Court The Authority To Reject A Plaint Suo Moto: Section 12A Must Be Visited With Rejection Of The Plaint Under Order VII Rule 11, Highlights The Supreme Court

   20 August 2022 at 12:31

Supreme Court observed that under Order VII Rule 11 of the Code of Civil Procedure, 1908, a Court has the authority to reject a plaint suo moto. Before exercising this power, the court needs to hear the plaintiff. The court cannot reject the plaint ..

Posted in Others |   268 Views


Order 7 Rule 11 CPC Civil Court's Jurisdiction Not Ousted Where Procedure Prescribed In Particular Statute Not Followed: Bombay High Court

   18 August 2022 at 10:54

According to the Bombay High Court, the court's power to reject a plaint under Order 7 Rule 11 of the Civil Procedure Code (CPC) is a drastic power that must be exercised with caution. In a property dispute, Justice Anuja Prabhudessai was heari ..

Posted in Others |   195 Views


Even Encroachers Are Protected From State Action Which Violates Procedure Established By Law: Jharkhand HC

   16 August 2022 at 17:52

According to the Jharkhand High Court, the right to shelter is a fundamental right of every citizen under the Constitution, and any violation of this right by the state must result in judicial intervention to protect the occupants of a dwelling hous ..

Posted in Others |   75 Views


Motor Accident Compensation Order By Bombay High Court Quashed By Supreme Court: Rule Of Evidence To Prove Charges In A Criminal Trial Cannot Be Used While Deciding Section 166 Of The MV Act

   16 August 2022 at 10:49

Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application under Section 166 of the Motor Vehicles Act held by the supreme court. The two-judge Bench of Justice Hemant Gupta and Justice Vikram Nath observed th ..

Posted in Others |   141 Views


Arbitrator Cannot Be Appointed Over A 'Dead Cause Of Action' Barred By Law Of Limitation: Gujarat High Court

   15 August 2022 at 15:23

The Gujarat High Court ruled that a party cannot seek the appointment of an arbitrator over a "dead" cause of action or resurrect a claim barred by the Law of Limitation. The Court was considering an application for the appointment of an ..

Posted in Others |   152 Views