Top Stories
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Supreme Court: Suit before a Civil Court would be maintainable for other reliefs, notwithstanding creation of the specific Tribunal
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Shield of Sec 197 CrPC cannot protect corrupt officers, provisions must be construed to advance the cause of honesty and justice: Supreme Court
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When incident stood concluded within few minutes, exact version of incident revealing minute detail cannot be given by eyewitnesses: Supreme Court
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SC reiterates respect to the court has to be commanded and not demanded: Same is not enhanced by calling public officers
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Supreme Court: “Shall” used twice in Sec 12 significantly imposes a duty upon the National Authority to provide assistance for loss of life due to Covid
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Validation Act cannot be used to subvert the Court decision without removing the statutory basis of the decision, Supreme Court
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Obligatory upon the Court while awarding multiple punishments of imprisonment, to specify as to whether the sentences would run concurrently or consecutively, SC
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Power of an appellate court in assessing the correctness of an order granting bail stands on a different footing from an assessment of an application for the cancellation of bail: Delhi HC
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Opportunity of hearing is not a mere nicety but a valuable right: Supreme Court
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Plea for transfer of case should not be entertained on mere apprehension of a hyper sensitive person; SC
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No relief can be granted in the special leave petition filed solely against order rejecting review application: SC
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Court to direct specific performance by the defaulting party, of so much of the contract, as can be performed: Supreme Court
CORPORATE AND COMMERCIAL
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Directions cannot be given by HC of general or public importance without there being any pleadings or prayer in Writ Petition: SC
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Supreme Court: In a money suit, the Court must invariably resort to Order XXI Rule 11 CPC, ensuring immediate execution of decree for payment of money on oral application
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Policies give rise to legitimate expectations that the state will act accordingly, Supreme Court
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Public Body has to be fair and not arbitrary, cannot withheld money: Supreme Court
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![[Filing of documents after WS] Courts must lean towards doing substantial justice rather than relying upon procedural and technical violation, SC](//www.advocateretainer.com/cdn/shop/articles/justice-abdul-nazeer-ayodhya-case-judge-supreme-court-of-india_1571302429-696x470_345x345@2x.jpg?v=1603796290)
[Filing of documents after WS] Courts must lean towards doing substantial justice rather than relying upon procedural and technical violation, SC
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![[Three Judge Bench]: De novo trial in case of return of Plaint under Order VII Rule 10 CPC, Supreme Court](//www.advocateretainer.com/cdn/shop/articles/images_18_345x345@2x.jpg?v=1596737968)
[Three Judge Bench]: De novo trial in case of return of Plaint under Order VII Rule 10 CPC, Supreme Court
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![[Sree Padmanabhaswamy Temple] Death of 'Sree Chithira Thirunal Balarama Varma' would not in any way affect the Shebaitship of the royal family of Travancore, must devolve upon his successor: Supreme Court](//www.advocateretainer.com/cdn/shop/articles/images_5_80d979ef-773a-4371-9d1f-6bcbb8e685f9_345x345@2x.jpeg?v=1594899197)
[Sree Padmanabhaswamy Temple] Death of 'Sree Chithira Thirunal Balarama Varma' would not in any way affect the Shebaitship of the royal family of Travancore, must devolve upon his successor: Supreme Court
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SC dismisses the Petition alleging favoritism in listing on the Registry
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![[SLP against interim order] Supreme Court holds stay without recording any reason affecting revenue of the State cannot be permitted](//www.advocateretainer.com/cdn/shop/articles/57712985_ff776df5-a1c6-44e8-ae86-c2265089ba25_345x345@2x.jpg?v=1593015315)
[SLP against interim order] Supreme Court holds stay without recording any reason affecting revenue of the State cannot be permitted
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For limitation under Art. 113 it has to be seen when the right to sue accrues, not when the right to sue "first" accrues: SC
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'Retirement of a partner' and 'Dissolution of Partnership', enure different consequences in law: SC
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No contempt lies in absence of specific directions, Supreme Court
![[Filing of documents after WS] Courts must lean towards doing substantial justice rather than relying upon procedural and technical violation, SC](http://www.advocateretainer.com/cdn/shop/articles/justice-abdul-nazeer-ayodhya-case-judge-supreme-court-of-india_1571302429-696x470_345x345@2x.jpg?v=1603796290)
![[Three Judge Bench]: De novo trial in case of return of Plaint under Order VII Rule 10 CPC, Supreme Court](http://www.advocateretainer.com/cdn/shop/articles/images_18_345x345@2x.jpg?v=1596737968)
![[Sree Padmanabhaswamy Temple] Death of 'Sree Chithira Thirunal Balarama Varma' would not in any way affect the Shebaitship of the royal family of Travancore, must devolve upon his successor: Supreme Court](http://www.advocateretainer.com/cdn/shop/articles/images_5_80d979ef-773a-4371-9d1f-6bcbb8e685f9_345x345@2x.jpeg?v=1594899197)
![[SLP against interim order] Supreme Court holds stay without recording any reason affecting revenue of the State cannot be permitted](http://www.advocateretainer.com/cdn/shop/articles/57712985_ff776df5-a1c6-44e8-ae86-c2265089ba25_345x345@2x.jpg?v=1593015315)
MATRIMONIAL AND DIVORCE
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Supreme Court: Overrules earlier view - Shared household can only be that household which is household of the joint family of which husband is a member or in which husband of the aggrieved person has a share
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![[Difference of opinions] SC refers to larger bench legal question, "Does Family Court have jurisdiction in maintenance application under Muslim Women Act, 1986?"](//www.advocateretainer.com/cdn/shop/articles/supreme-court-1_345x345@2x.jpg?v=1593090390)
[Difference of opinions] SC refers to larger bench legal question, "Does Family Court have jurisdiction in maintenance application under Muslim Women Act, 1986?"
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Evidence by way of affidavit can be given in proceedings u/s 125 Cr.P.C., presence of adverse party during evidence is not compulsory; Delhi High Court
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Wife Remarriage is hardly a ground to claim custody of the child, Delhi HC
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SC disposes matrimonial dispute on settlement, directs in case of non-deposit of money by husband the appeal shall stand allowed
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Wife cannot be compelled to live in a separate household, not her matrimonial home, without judicial order - no forceful dishousing of a Wife: SC
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The HC can direct for surrender of passport for ensuring the presence of parties in contempt proceedings; SC.
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Dismissal of criminal complaint of wife is no ground for divorce - if it is not pleaded in divorce petition that the husband suffered mental cruelty due to filing of false complaint; SC.
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Second marriage, during pendency of appeal against divorce decree filed after expiry of period of limitation, is valid; SC.
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A Magistrate has power to recall order passed under Sec 125 Cr.P.C; SC.
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In domestic violence, in absence of specific allegations, proceedings are liable to be quashed; SC.
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Matrimonial Lawyer: Legal action(s) initiated by wife against husband cannot be a ground of mental cruelty for divorce; SC.
![[Difference of opinions] SC refers to larger bench legal question, "Does Family Court have jurisdiction in maintenance application under Muslim Women Act, 1986?"](http://www.advocateretainer.com/cdn/shop/articles/supreme-court-1_345x345@2x.jpg?v=1593090390)
CRIMINAL: CBI, ED, DRI, WHITE COLLAR CRIME, MARITIME CRIME, ECONOMIC OFFENCE AND FINANCIAL FRAUD.
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![[Quashing] At the stage of FIR, the allegations in the FIR/Complaint only are required to be considered, but when the charge-sheet is filed the HC is to consider the evidence also collected during investigation: SC](//www.advocateretainer.com/cdn/shop/articles/images_3_1e763363-945d-484f-a298-fe6021618cd0_345x345@2x.jpg?v=1629097821)
[Quashing] At the stage of FIR, the allegations in the FIR/Complaint only are required to be considered, but when the charge-sheet is filed the HC is to consider the evidence also collected during investigation: SC
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During fire, it takes a person lot of courage to get back into house to save somebody, not doing so may be morally wrong but cannot be a circumstance to hold a person guilty of Murder: SC
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An appellate court or a superior court can set aside the order granting bail, if the court granting bail did not consider relevant factors: Supreme Court
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Facts are so glaring and the background setting so shocking, HC rightly granted interim protection from arrest in quashing petition: SC
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High Court erred in granting bail, order of cancellation of bail in earlier round of litigation: SC
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Merely upon ballistic report about the bullet recovered does not match with the gun, credible and reliable deposition of PW1 & PW2 cannot be rejected; Supreme Court
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Delhi HC lays down comprehensive guidelines for issuing proclamation under Sec 82 CrPC
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Imprisonment of Six Months stands substituted by fine of Rs 1000, 26 years elapsed from the incident: Supreme Court
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Supreme Court: In glaring cases of deprivation of liberty, the petition under Article 32 of the Constitution for Quashing of FIR can be entertained
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Delhi HC: ‘Terrorist Act’ cannot be permitted to be casually applied to criminal acts or omissions that fall squarely within the conventional offences under the IPC
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High Court cannot accord protection to accused from arrest while dismissing anticipatory bail, sans cogent reasons: SC
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Supreme Court: Section 258 of the Cr.P.C. is not applicable to complaints under Section 138 NI Act, no inherent power of Trial Courts to review or recall the issue of summons
![[Quashing] At the stage of FIR, the allegations in the FIR/Complaint only are required to be considered, but when the charge-sheet is filed the HC is to consider the evidence also collected during investigation: SC](http://www.advocateretainer.com/cdn/shop/articles/images_3_1e763363-945d-484f-a298-fe6021618cd0_345x345@2x.jpg?v=1629097821)
LABOUR AND INDUSTRIAL DISPUTE
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Amendment in the Gratuity Act increasing the rate of Gratuity to Ten Lakhs under Sec 4(3) is not retrospective: SC
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“One Nation One Ration Card” to be implemented, not later than 31.07.2021; Supreme Court
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Workmen Compensation Act: Owner cannot wash his hands off in case of non-renewal of licence by the driver for three years, SC
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![[Covid:19]: 'No Work No Wages' not applicable, Bombay HC directs payment of full wages](//www.advocateretainer.com/cdn/shop/articles/download_1_7cacb194-eed6-4ff1-add5-b378fde25182_345x345@2x.jpeg?v=1589694903)
[Covid:19]: 'No Work No Wages' not applicable, Bombay HC directs payment of full wages
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Gratuity: Employee cannot seek synthesis of Gratuity Act & Employer's Scheme in Claim - Ceiling limit U/s 4(3) of ten lakh rupees was applicable; SC
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Theory of notional extension is applicable to death of driver on journey, who died during bathing in canal, and is entitled for compensation under Workmen Compensation Act; SC.
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An amendment enhancing the compensation for workers in case of death is prospective; SC.
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Labour Lawyer: Employee definition in EPF Act is wider than ID Act - finding in ID Act qua employer and employee relationship is not binding, upon the said determination in EPF Act; SC.
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Labour Lawyer: The SC holds that the off-site worker is also covered by the EPF act.
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Labour and Industrial lawyer: The competant authority under Minimum Wages Act 1948, cannot decide the issues, which are beyond the mandate of the Act; SC.
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Labour and Industrial Dispute Lawyer: Trainees who are employed without payment of any reward cannot be termed as Workman for the purpose of Industrial Dispute Act.
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Labour and industrial dispute lawyer: the labour Court cannot travel beyond the terms of reference made by the government; SC.
![[Covid:19]: 'No Work No Wages' not applicable, Bombay HC directs payment of full wages](http://www.advocateretainer.com/cdn/shop/articles/download_1_7cacb194-eed6-4ff1-add5-b378fde25182_345x345@2x.jpeg?v=1589694903)
SERVICE MATTERS
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Seniority of District Judges promoted through LCE should be on the basis of merit in the examination, Supreme Court
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Between the two principles of seniority and merit, the criterion of “seniority cum merit” lays greater emphasis on seniority: Supreme Court
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Right to be regularized in accordance with the scheme continues till all the eligible daily wagers are absorbed, as per earlier judgment inter se parties : Supreme Court holds Umadevi’s case not applicable
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Age of superannuation is a matter of policy, Courts cannot interfere: Supreme Court overturns Allahabad HC judgment
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Person with Disability: Mode of entry in service cannot be a ground to deny promotion, Supreme Court
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Long standing or established status quo brought about by judgments interpreting local or state laws, should not be lightly departed: SC
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Judicial Review is an evaluation of the decision making process, and not the merits of the decision: SC
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Supreme Court: Not in the overall interest of the Govt. servants in forming multiple service associations based on job description
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Supreme Court: Reorganisation of the Cadre on an element of selection criteria results in promotion, not entitled to benefit of ACP
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Orders passed under Art. 142 cannot be treated as Precedent, Supreme Court
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Two Judges SC Bench refers the matter to CJI, divergence of views in appeal
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Punishment of dismissal can be imposed even after superannuation: SC
INSURANCE & MACT
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![[MACT] Deduction of 50% is to be allowed if deceased was living in a foreign Country, Supreme Court](//www.advocateretainer.com/cdn/shop/articles/images_14_345x345@2x.jpg?v=1593537198)
[MACT] Deduction of 50% is to be allowed if deceased was living in a foreign Country, Supreme Court
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![[MACT] SC holds Income of housewife was rightly assessed at Rs. 5000/- per month: Also finds her entitled to Future Prospects at 40%](//www.advocateretainer.com/cdn/shop/articles/images_30_bec81e6c-a36a-474e-aa86-5bed55df74c1_345x345@2x.jpeg?v=1592761480)
[MACT] SC holds Income of housewife was rightly assessed at Rs. 5000/- per month: Also finds her entitled to Future Prospects at 40%
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![[MACT] HC wrongly assumed Claimant as a Government employee, when it is not even averred: Supreme Court](//www.advocateretainer.com/cdn/shop/articles/images_14_bccc4d34-16f1-45a0-affd-1d2de50c0fc8_345x345@2x.jpeg?v=1592408421)
[MACT] HC wrongly assumed Claimant as a Government employee, when it is not even averred: Supreme Court
![[MACT] Deduction of 50% is to be allowed if deceased was living in a foreign Country, Supreme Court](http://www.advocateretainer.com/cdn/shop/articles/images_14_345x345@2x.jpg?v=1593537198)
![[MACT] SC holds Income of housewife was rightly assessed at Rs. 5000/- per month: Also finds her entitled to Future Prospects at 40%](http://www.advocateretainer.com/cdn/shop/articles/images_30_bec81e6c-a36a-474e-aa86-5bed55df74c1_345x345@2x.jpeg?v=1592761480)
![[MACT] HC wrongly assumed Claimant as a Government employee, when it is not even averred: Supreme Court](http://www.advocateretainer.com/cdn/shop/articles/images_14_bccc4d34-16f1-45a0-affd-1d2de50c0fc8_345x345@2x.jpeg?v=1592408421)
CONSUMER CASES
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Delay in filing WS beyond 45 days in Consumer Disputes can be considered, only prior to 04/03/2020: Supreme Court
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Allottees cannot be made to wait indefinitely for possession of the apartments allotted to them, Supreme Court
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![[Hire-Purchase Agreement] Repossession of a vehicle upon default in payment of instalments and refusal to release the same, does not constitute ‘deficiency’ in service: SC](//www.advocateretainer.com/cdn/shop/articles/Indira-Banerjee_2a42118a-759f-4f7d-819c-523dcc6f4e7a_345x345@2x.jpg?v=1601984042)
[Hire-Purchase Agreement] Repossession of a vehicle upon default in payment of instalments and refusal to release the same, does not constitute ‘deficiency’ in service: SC
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Delay in possession of the flat amounts to a deficiency, DLF to pay interest of 6 per cent per annum; SC
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Insurance company cannot repudiate claim even if 'RC' is not transferred in the name of buyer, and insurance is otherwise valid: Supreme Court
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Bank is liable for deficiency in service, when it fails to get insurance for entire set of hypothecated assets; Supreme Court
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A construction worker is a 'consumer' under Consumer Protection Act, 1986 in lis qua welfare scheme framed under the Building and Other Construction Workers Act, 1996; SC.
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A maximum time to file WS/Reply in Consumer Complaint is 45 days from the date of receipt of complaint - objection as to non-receipt of complaint is to be taken on first date; SC (Constitutional Bench).
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Buyback entered upon by the farmer would not preclude from filing consumer complaint; SC.
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In case of loss of Indira Vikas Patras, the money from post office cannot be claimed; SC.
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The SC holds joint complaint on behalf of consumers maintainable.
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A consumer association can file single complaint on behalf of several consumers; SC.
![[Hire-Purchase Agreement] Repossession of a vehicle upon default in payment of instalments and refusal to release the same, does not constitute ‘deficiency’ in service: SC](http://www.advocateretainer.com/cdn/shop/articles/Indira-Banerjee_2a42118a-759f-4f7d-819c-523dcc6f4e7a_345x345@2x.jpg?v=1601984042)
LANDLORD AND TENANT DISPUTE
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Supreme Court extends period to vacate premises by end of August, dismisses SLP
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Powers under Article 227 are wide, must be exercised by HC sparingly and not to correct mere errors: Supreme Court
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SC holds Rent Deed does not require compulsory registration, in which no period is specified: Yearly Escalation clause in Deed, cannot make the tenancy year to year
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SC holds testamentary disposition of agricultural land to a non-agriculturist through a “Will” is void: Bombay Tenancy and Agricultural Lands, Act
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![[Rent Control] Finding of facts cannot be substituted by HC in revision, Supreme Court](//www.advocateretainer.com/cdn/shop/articles/images_15_b3d4ec95-3db7-4369-bf63-fb9b072f07c7_345x345@2x.jpeg?v=1591624676)
[Rent Control] Finding of facts cannot be substituted by HC in revision, Supreme Court
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No suspension/reduction/ waiver of rent in lockdown period without surrender of possession, force majeure is not applicable: Delhi HC passes detailed judgment
![[Rent Control] Finding of facts cannot be substituted by HC in revision, Supreme Court](http://www.advocateretainer.com/cdn/shop/articles/images_15_b3d4ec95-3db7-4369-bf63-fb9b072f07c7_345x345@2x.jpeg?v=1591624676)
INCOME TAX & GST
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A retrospective provision in a tax act which is “for the removal of doubts” cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood: Supreme Court
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Taxation: Exemptions should generally be strictly interpreted but beneficial exemptions having their purpose as encouragement or promotion of certain activities should be liberally interpreted, Supreme Court
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Supreme Court: Which pocket of the Government should be enriched has taken forty-four (44) years to decide – a classic case of what ought not to be
PROPERTY DISPUTES
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![[Mortgage] Suit for redemption can be filed within 30 years from the date fixed for redemption: SC](//www.advocateretainer.com/cdn/shop/articles/images_17_ecbf5a6e-bca5-49ad-a9a4-d2882db66778_345x345@2x.jpg?v=1629199511)
[Mortgage] Suit for redemption can be filed within 30 years from the date fixed for redemption: SC
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Suit is barred by law must be determined from the statements in the plaint and not from WS, Plea of Res Judicata beyond the scope of Order 7 Rule 11 (d)CPC: Supreme Court
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Decree includes rejection of a plaint, only appeal is maintainable under Sec 96 CPC: SC
![[Mortgage] Suit for redemption can be filed within 30 years from the date fixed for redemption: SC](http://www.advocateretainer.com/cdn/shop/articles/images_17_ecbf5a6e-bca5-49ad-a9a4-d2882db66778_345x345@2x.jpg?v=1629199511)
CUSTOM & MARITIME
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In Judicial Review of Economic Regulations, Court would exercise restraint unless clear grounds justify interference: SC
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Once it is clear that the goods in question are improperly imported and fall in the category of ‘prohibited goods’, are liable to confiscation: Supreme Court
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Turnkey contract cannot be inferred by Revenue in absence of any material - addition of import duty illegal: SC
Arbitration & ALTERNATE DISPUTE RESOLUTION
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Emergency Arbitrator’s order would fall within the institutional rules, and would consequently be covered by Section 17(1) of Arbitration Act: Supreme Court
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Court acting under Section 34 of the Arbitration Act has no power to modify an award: Supreme Court clears the law
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Supreme Court: Limitation Act is applicable to the arbitration proceedings under MSME Act
DRT / DRAT/ NCLT/ BANKING INSTITUTIONS
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![[Sec 14 SARFAESI] If a tenant claims protection from taking possession of a Secured Asset, in a tenancy of more than a year, it can only by a registered instrument; Supreme Court](//www.advocateretainer.com/cdn/shop/articles/justice-abdul-nazeer-ayodhya-case-judge-supreme-court-of-india_1571302429-696x470_8c6232d4-ecce-46ed-b3a5-2113981484ef_345x345@2x.jpg?v=1629202079)
[Sec 14 SARFAESI] If a tenant claims protection from taking possession of a Secured Asset, in a tenancy of more than a year, it can only by a registered instrument; Supreme Court
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![[NCLT] No bar to the filing of documents at any time until a final order, entries in balance sheets acknowledgment under Section 18 of Limitation, Decree raises fresh period of limitation for Sec 7 IBC Petition: Supreme Court](//www.advocateretainer.com/cdn/shop/articles/Indira-Banerjee_c1324694-fb40-430e-b48a-928cf831fe64_345x345@2x.jpg?v=1628094669)
[NCLT] No bar to the filing of documents at any time until a final order, entries in balance sheets acknowledgment under Section 18 of Limitation, Decree raises fresh period of limitation for Sec 7 IBC Petition: Supreme Court
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Approval of a resolution plan of corporate debtor does not operate so as to discharge the liabilities of personal guarantors: Supreme Court
![[Sec 14 SARFAESI] If a tenant claims protection from taking possession of a Secured Asset, in a tenancy of more than a year, it can only by a registered instrument; Supreme Court](http://www.advocateretainer.com/cdn/shop/articles/justice-abdul-nazeer-ayodhya-case-judge-supreme-court-of-india_1571302429-696x470_8c6232d4-ecce-46ed-b3a5-2113981484ef_345x345@2x.jpg?v=1629202079)
![[NCLT] No bar to the filing of documents at any time until a final order, entries in balance sheets acknowledgment under Section 18 of Limitation, Decree raises fresh period of limitation for Sec 7 IBC Petition: Supreme Court](http://www.advocateretainer.com/cdn/shop/articles/Indira-Banerjee_c1324694-fb40-430e-b48a-928cf831fe64_345x345@2x.jpg?v=1628094669)
ELECTION DISPUTES
INTELLECTUAL PROPERTY RIGHTS
EDUCATION MATTERS
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Supreme Court directs admission of Doctor to Post Graduation Course: Last year cannot join due to denial of study leave for rendering services in Covid-19
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In field of Pharmacy Education, the Pharmacy Act, 1948 shall only prevail, SC
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"What's in a name? that which we call a rose by any other name would smell as sweet”- poetic statement does not go in tune with the significance of a name in law in marking the identity of an individual in society: Supreme Court
ENVIRONMENT MATTERS
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Notice under Section 80(1) CPC to the Government is mandatory before institution of the suit against the Government, Delhi HC
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NGT order unsustainable as joint inspection was not completed and final report not prepared then: Supreme Court
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NGT cannot pass directions without scientific or technical evidence before it: Supreme Court
ELECTRICITY DISPUTES
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![[E-Auction "As Is Where Is"] Purchaser has to clear past electricity dues for connection, cannot claim ignorance: Supreme Court](//www.advocateretainer.com/cdn/shop/articles/images_9_28feac53-63a3-4259-a526-b74a8104ff86_345x345@2x.jpeg?v=1591022097)
[E-Auction "As Is Where Is"] Purchaser has to clear past electricity dues for connection, cannot claim ignorance: Supreme Court
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Repeated letters do not extend the period of limitation provided in law, SC
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Electricity Board illegally disconnected electricity line as stay was granted by Redressal Forum: SC
![[E-Auction "As Is Where Is"] Purchaser has to clear past electricity dues for connection, cannot claim ignorance: Supreme Court](http://www.advocateretainer.com/cdn/shop/articles/images_9_28feac53-63a3-4259-a526-b74a8104ff86_345x345@2x.jpeg?v=1591022097)
