Specific Relief Act, 1963; Section 20 – The grant of a decree for specific performance is always discretionary. The exercise of discretion depends on several factors. One of the factors is the conduct of the plaintiff. The reason is that relief of a decree of specific performance is an equitable relief. A person who seeks …
Arbitration and Conciliation Act, 1996; Section 11(6) – Limitation Act, 1963 – Whether the Limitation Act, 1963 is applicable to an application for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996? there is no doubt as to the applicability of the Limitation Act, 1963 to arbitration proceedings in general and …
Will – When evidence was adduced in terms of Section 68 of the Evidence Act, 1872, and the mandatory requirements prescribed under Section 63 of the Indian Succession Act, 1925, were duly satisfied, the Will stood proved in the eye of law and the same ought not to have been brushed aside lightly – Referred …
Code Of Civil Procedure, 1908; Order XXIII Rule 3 (i) appeal is not maintainable against a consent decree; (ii) no separate suit can be filed; (iii) consent decree operates as an estoppel and binding unless it is set aside by the court by an order on an application under the proviso to 10 (2006) 5 …
Basavaraj vs Indira 2024 INSC 151 – Amendment Of Pleadings – Consent Decree Read More »
Summary: Automatic Vacation of Stay Orders Direction in Asian Resurfacing Of Road Agency Pvt. Ltd. vs CBI [2018] 2 S.C.R. 1045 Overruled – A direction that all the interim orders of stay of proceedings passed by every High Court automatically expire only by reason of lapse of time cannot be issued in the exercise of …
Summary: Writ Petition seeking expeditious disposal of bail application before High Court -High Courts are not subordinate Courts of the Supreme Court of India. In that view of the matter, there cannot be any doubt with respect to the fact that the prayer made in the writ petition cannot be entertained in this writ petition.
Motor Vehicles Act, 1988, ; Section 163A – Whether the amendment in Section 163-A of the Motor Vehicles Act which came into effect by a Gazette Notification on 22nd May, 2018, would relate to an accident which had occurred prior to the said date ? Calcutta High Court held that it is merely a procedural …
Bail – Special Leave Petition challenging the direction in Bail order for recovery of the allegedly swindled sum (public money) dismissed – Distinguished Ramesh Kumar vs. State of NCT of Delhi reported in (2023) 7 SCC 461 – the petitioner himself obtained the order for deposit of the allegedly swindled sum of Rupees Thirty Lakhs …
K Zakir Hussain vs State SLP(Crl) 2612 Of 2024 – Bail Read More »
Clinical Establishments (Registration and Regulation) Act, 2010– It is the duty of the State to provide medical assistance to the citizens. The Act of 2010 has been enacted with an avowed object of providing medical facilities to the citizens at an affordable prices. The Union of India cannot shirk away from its responsibility by merely …
Income Tax Act, 1961; Section 194-H- Commission or brokerage – Cellular mobile telephone service providers would not be under a legal obligation to deduct tax at source on the income/profit component in the payments received by the distributors/franchisees from the third parties/customers, or while selling/transferring the pre-paid coupons or starter-kits to the distributors – the …