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Judgments

Res Judicata is not a ground for dismissal of a Plaint under Order 7 Rule 11(d) of CPC

For the establishment of a Suit in a Civil or Commercial Court, a plant is filed. The article shall deal with the observation of the Supreme Court in the case of Srihari Hanumandas Totala v. Dr Hemant Vithal Kamat[1]  constituting a Division bench of Justice Dr D.Y. Chandrachud and Justice M.R. Shah on the principle […]

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The Apex Court clarifies on Jurisdiction of NCLT & NCLAT under Provisions of IBC, 2016

Introduction- Insolvency & Bankruptcy Code, 2016 is one of the biggest economic reforms made by legislative assembly after GST. Several overlapping laws were there before the introduction of IBC 2016, which led to ambiguity. The Code is a noble concept, which acts an umbrella of solutions of all varieties of insolvency & bankruptcy cases. However,

The Apex Court clarifies on Jurisdiction of NCLT & NCLAT under Provisions of IBC, 2016 Read More »

“Can’t sustain order of conviction on mere suspicion”: SC acquitted a woman accused of blazing her husband’s first wife and children on fire, coming unharmed from the blazed house.

Case Law: Parubai v State of Maharashtra[1] , Criminal Appeal No. 1154 of 2018, decided on 10-8-2021. Background: The conviction of the accused appellant, who was convicted for the murder of her husband’s first wife and their children, was overturned by a Division Bench consisting of Hemant Gupta and A.S. Bopanna, JJ. The Supreme Court

“Can’t sustain order of conviction on mere suspicion”: SC acquitted a woman accused of blazing her husband’s first wife and children on fire, coming unharmed from the blazed house. Read More »

Liability to repay arises the moment the money is borrowed

Judgment name-M.M. Aqua technologies limited versus commissioner of income tax, Delhi-3 Judgement date- August 11,2021 Citation– civil appeal no. – 4742-4743 of 2021 Facts– 1.Aqua Technologies limited (appellant) find a return of income tax declaring a loss and claimed a deduction on the issue of debentures to financial institutions. The assessing officer rejected the contention

Liability to repay arises the moment the money is borrowed Read More »

Whether the election petitioner had actually submitted her nomination paper and the appellant had declined to receive the same?

Citation – CIVIL APPEAL NO.4821 OF 2012 Facts: – The respondent visits the appellant at 2pm and certain corrections were required and then respondent took 45mins to correct but appellant did not accept as it was the last day till 3pm. Then respondent went to High Court and High Court passed order in favour of

Whether the election petitioner had actually submitted her nomination paper and the appellant had declined to receive the same? Read More »

Supreme Court: No rational for NCTE to deny recognition

Facts The facts in the petition have been decided by this common judgment. The petitioners are not granted recognition for Academic Year 2021-22 but instead granted recognition for 2022­-2023. Observations It could thus be seen that recognition has been granted by NCTE or its Regional Committees on scrutiny of the applications submitted by the institutions,

Supreme Court: No rational for NCTE to deny recognition Read More »

Heavy unexplained bank transactions could lead to compulsory retirement of Judges

Judgment Name – Rajinder Goel Vs. High Court of Punjab & Haryana Judgment Date – 2nd August, 2021 Citation – Writ Petition (Civil) No. 696 of 2021 Facts Petitioner joined Haryana Judicial Service Pursuant to certain complaints made against the petitioner, including one made by the Bar Association, an enquiry was conducted, during the course

Heavy unexplained bank transactions could lead to compulsory retirement of Judges Read More »

Trusts and Societies to be careful for bogus corpus donations

Judgment Name – Commissioner of Income Tax (Exemptions), Kolkata Vs. Batanagar Education and Research Trust Judgment Date – 2nd August, 2021 Citation – Civil Appeal No. 4451 of 2021 Facts The respondent is a trust registered under Section 12AA of Income Tax Act. In a survey conducted on an entity named School of Human Genetics

Trusts and Societies to be careful for bogus corpus donations Read More »

Supreme Court expunged unnecessary remarks made by a High Court Judge to a 17 years Standing Counsel of Uttarakhand High Court

Judgment name – Neeraj Garg Vs. Sarita Rani and Ors. Judgment date – 2nd August, 2021 Citation: CIVIL APPEAL Nos.  4555 ­ 4559   OF 2021 (Arising out of SLP (C) Nos.8643­8647 of 2021) Today, Supreme court expunged a High Court order. After this judgment, now judges will have to give an opportunity of hearing the

Supreme Court expunged unnecessary remarks made by a High Court Judge to a 17 years Standing Counsel of Uttarakhand High Court Read More »

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