KEYWORDS:- Q :-Whether property tax recoverable from the tenant under Section 67(3) of the New Delhi Municipal Council Act, 1994 (for short ‘NDMC Act’) as arrears of rent by the landlord/owner can […]
H.N. Jagannath & Ors. Vs. State of Karnataka & Ors. [ SC 2017 December]
KEYWORDS : acquisition notification-possession- Land Acquisition Act is a complete code in itself and is meant to serve public purpose. By necessary implication, the power of the civil court to take cognizance of […]
Bank of India Vs. Yadav Consultancy Services Pvt. Ltd. and Ors [SC 2017 December]
Keywords:- Suit for Recovery- When the proceedings were lawfully conducted before the quasi-judicial authorities like DRT and DRAT, having trappings of the civil court, MSMEDF Council had no jurisdiction to entertain the […]
Committee of Management Vs. Director of Higher Education & Ors.[SC 2017 December]
Keywords:- appointment to the post of Lecturers- DATE:- December 5, 2017 ACT: :-Section 31(C) of the U.P. Higher Education Service Commission Act, 1980 SUPREME COURT OF INDIA Committee of Management Vs. Director […]
Indra Sarma vs V.K.V.Sarma[SC 2013 NOVEMBER]
KEYWORDS:-relationship in the nature of marriage-live-in relationship-domestic violence- bigamous relationship-mistress- The appellant, having been fully aware of the fact that the respondent was a married person, could not have entered into a […]
Deputy Commissioner of Income-Tax, Circle 11 (1), Bangalore Vs. M/s. Ace Multi Axes Systems Ltd.[SC 2017 DECEMBER]
KEYWORDS:- INCOME TAX- DEDUCTION- the assessee is not entitled to benefit of exemption if it loses its eligibility as a small scale industrial undertaking in a particular assessment year even if in […]
Patel Field Marshal Agencies and ANR. Vs. P.M. Diesels Ltd. and Ors.[SC 2017 NOVEMBER]
KEYWORDS:-Intellectual Property Rights jurisdiction-suit for infringement- ACT : Sections 111 read with Section 107 of the Trade and Merchandise Marks Act, 1958 NOVEMBER 29, 2017 SUPREME COURT OF INDIA Patel Field Marshal […]
Pankajakshi(Dead) Through L.Rs. vs Chandrika & Ors [ SC 2016 February]
KEYWORDS:- Letters Patent- DATE : 25 February, 2016- This judgment only decided that a difference between two Judges of the Punjab and Haryana High Court would have to be decided in accordance with […]
United Bank of India vs. Satyawati Tondon & Ors[SC 2010 July]
Keywords:- DRT-SARFAESI Act Explained Court must have good and sufficient reason to bypass the alternative remedy provided by statute AIR 2010 SC 3413 : (2010) 7 SCALE 696 : (2010) 8 SCC […]
Nikesh Tarachand Shah Vs. Union of India & ANR.[SC 2017 November]-(Challenging Statute)
KEYWORDS: money-laundering-constitutional validity we declare Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles […]
Sri Shivaji Balaram Haibatti Vs. Sri Avinash Maruthi Pawar[SC 2017 November]
keywords: possession- adverse possession The respondent was in possession of the suit shop as an encroacher and failed to prove his adverse possession over the suit shop. ACT: Section 100 of the […]
Sharda Versus Dharmpal [SC 2003 March]
Keywords :- Matrimonial Suit-Privacy- Expert Evidence Under Section 75(e) of Code of Civil Procedure and Order 26, Rule 10A the Civil Court has the requisite power to issue a direction to hold […]
Pankajakshi(Dead) Through L.Rs. … vs Chandrika & Ors[SC 2016 Feb] Constitution Bench
Keywords: Letters Patent- Appellate Jurisdiction of High Court If the purpose behind the requirement of a matter to be heard by a Bench of not less than two Judges is to be […]
Jaykrishna Industries Ltd. through its Director Vs. State of Maharashtra and Others [SC 2017 NOV]
KEYWORDS: If the very substratum of the advertisement has changed, a fresh tender is mandatory. The Respondent has only itself to blame for its woes, based on a conduct that cannot be countenanced […]
State of Uttarakhand Vs. Jairnail Singh [SC 2017 NOV]
KEYWORD : High Court while reversing the decision of the Session Court acquits the accused and assigns the reasons by appreciating the entire evidence in support of the acquittal, then this Court […]
Rohit Tandon Vs. The Enforcement Directorate [SC 2017 NOV]
KEYWORDS: BAIL DENIED-MONEY LAUNDERING The fact that the investigation in the predicate offence instituted in terms of FIR No.205/2016 or that the investigation qua the appellant in the complaint CC No.700/2017 is […]
State, through Special Cell, New Delhi Versus Navjot Sandhu @ Afshan Guru and ors[SC 2003 MAY]
Keywords : power of superintendence The powers under Article 227 are wide and can be used, meet the ends of justice. They can be used interfere even with an interlocury order. (SUPREME COURT […]
M/s. SRD Nutrients Pvt. Ltd. Vs. Commissioner of Central Excise, Guwahati[SC 2017]
KEYWORDS: Industrial Policy dated April 01, 2007-SURCHARGE- Government itself has taken the position that where whole of excise duty or service tax is exempted, even the Education Cess as well as Secondary and […]
National Institute of Medical Science, University Rajasthan & ANR. Vs. State of Rajasthan & Ors.[SC 2017]
November 9, 2017 • Keywords:- Remedial action-Public Interest Litigation-Compounding the unauthorized construction or regularizing it • Judicial discretion cannot be guided by expediency. Courts are not free from statutory fetters. Justice is to be rendered […]
International Copyright Order, 1999
Published vide S.O. 228(E), dated 24.3.1999, published in the Gazette of India, Ext., Pt. II, Section 3(i) dated 6.4.1999. In exercise of the powers conferred by section 40 of the Copyright Act, […]
Miscellaneous Matters under Calcutta High Court original side rules[Ch-38][CHCOSR]
Miscellaneous Matters Part 1 Pleadings Title page.– Every plaint, written statement, originating summons and affidavit presented with the originating summons, and petition on which a proceeding is sought to be initiated, shall […]
Hemaji Waghaji Jat Vs Bhikhabhai Khengarbhai Harijan and others [SC-2008]
KEYWORDS:-Adverse Possession- Plea of adverse possession is not a pure question of law but a blended one of fact and law. Therefore, a person who claims adverse possession should show : (a) […]
State of Haryana Vs Mukesh Kumar and Others Respondent[SC 2011]
Keywords:- Adverse Possession The right to property is now considered to be not only constitutional or statutory right but also a human right. Human rights have already been considered in realm of […]
Venture Global Engineering LLC Vs. Tech Mahindra Ltd. & ANR Etc[SC 2017]
KEYWORDS:-Issue estoppel-public policy and fraud-doctrine of “alter ego of the Company SUPREME COURT OF INDIA [Civil Appeal Nos. 17753-17755 of 2017 arising out of SLP (C) No(S). 29747-29749 of 2013] [Civil Appeal Nos. […]
Shreya Singhal vs U.O.I [SC 2015]
Keywords:-Challenging a statute Section 66A of the Information Technology Act, 2000 is struck down in its entirety being violative of Article 19(1)(a) and not saved under Article 19(2) Sections 95 and 96 […]
