Code Of Civil Procedure, 1908; Order VIII Rules 3 and 5 –Deprecated practice of not providing specific para-wise reply to the plaint in the written statement/counter affidavits – In the absence of para-wise reply to the plaint, it becomes a roving inquiry for the Court to find out as to which line in some paragraph …
Summary: NCDRC dismissed a complaint filed against bank holding that the appellant -complainant is bound by the terms and conditions of the agreement dated 11.01.2006, while the respondent bank was bound by various instructions of the Reserve Bank of India at the time of signing the agreement – Dismissing Appeal, SC held: NBFC and as …
Constitution of India, 1950; Article 105(2) and 194(2) – P.V. Narasimha Rao vs. State (CBI/SPE) [1998] 2 S.C.R. 870 overruled. (7-0) : The judgment of the majority in PV Narasimha Rao, which grants immunity from prosecution to a member of the legislature who has allegedly engaged in bribery for casting a vote or speaking has …
Summary: APTEL allowed appeal preferred by respondent Wind Four Renergy Private Limited directing that the period of 132 days, for which delay was to be condoned, would commence from the date of the impugned judgment, that is, 11.01.2022 – Allowing appeal, SC held: direction that the period of 132 days shall commence from the date …
Summary: NCDRC held that the death of a developer has no effect upon the obligations of the developer under the Development Agreement and the same have to be executed by the legal heirs of the developer – Allowing appeal, SC held: the legal representatives of the deceased developer are not liable to discharge the obligation …
Narcotic Drugs and Psychotropic Substances Act, 1985; Section 52A – When no proceedings under Section 52A of the NDPS Act were undertaken by the Investigating Officer for preparing an inventory and obtaining samples in presence of the jurisdictional Magistrate. In this view of the matter, the FSL report is nothing but a waste paper and …
Indian Penal Code, 1860; Section 306 – to ‘instigate’ means to goad, urge, provoke, incite or encourage to do ‘an act’. To satisfy the requirement of ‘instigation’, it is not necessary that actual words must be used to that effect or that the words or act should necessarily and specifically be suggestive of the consequence. …
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 …