Code Of Civil Procedure, 1908; Order VIII Rule 1 –As regards the timeline for filing of written statement in a non-commercial dispute, the unamended Order 8 Rule 1 CPC continues to be directory and does not do away with the inherent discretion of courts to condone certain delays – Referred to Atcom Technologies Ltd. v. …
Shailendra Kumar Sisodiya vs Rani Sisodiya @ Ranjana – CPC – Written Statement Read More »
Summary: The High Court set aside the action of the HPCL in terminating the license of the respondent- Allowing appeal, SC observed: the appeals are allowed keeping in view that the termination of the agreement inter se the parties was only based on the contravention of the terms of the dealership agreement.
Criminal Trial – Sentencing -There is a crying need for a clear sentencing policy, which should never be judge-centric as the society has to know the basis of a sentence- Sentencing shall not be a mere lottery. It shall also not be an outcome of a knee-jerk reaction.- The Government of India represented by the …
Sunita Devi vs State Of Bihar 2024 INSC 448 – Speedy Trial – Sentencing – CrPC Read More »
Jammu & Kashmir Reorganisation Act, 2019 – Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019– CrPC, 1973 would govern the field only from the appointed day and consequently the CrPC, 1989 stands repealed- It would come into effect only from the appointed day, and therefore has got no retrospective application. To make this position …
Summary: Appeal from HC judgment raised inter alia this issue: Whether the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 would apply to the parties? Dismissing appeal, SC observed: Both requirements, of the establishment being covered under the definition of industrial establishment as provided and that of the employee having uninterruptedly …
Specific Relief Act, 1963,Section 12- In a suit for specific performance wherein the plaintiff is required to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract, a Power of Attorney Holder is not entitled to depose in place and instead of the …
Tenancy – Mesne Profit -The decree of eviction stands passed and the same having been stayed, gives rise to the question of payment of mesne profit- While the above-stated position is generally accepted, it is also within the bounds of law, that a tenant who once entered the property in question lawfully, continues in possession …
Summary: Writ Petition for refund of Stamp Duty paid towards an un-executed conveyance deed dismissed by HC – Allowing appeal SC observed: When the State deals with a citizen it should not ordinarily rely on technicalities, even though such defences may be open to it-The case of the appellant is fit for refund of stamp …
Summary: Appellate Tribunal for Electricity set aside the Maharashtra Electricity Regulatory Commission order imposing a reliability charge payable by all the consumers in the Pen Circle area – Appeal dismissed by SC.
Employees’ State Insurance Act, 1948– Appeal against HC judgment raised these issues (i) Whether the workshop of respondent-Nagar Nigam was indulged in manufacturing process while carrying out repairs and maintenance of the tractors, trailers, loaders belonging to the respondent-Nagar Nigam by employing more than 20 workmen? (ii) Whether the workshop of respondent-Nagar Nigam was covered …