The case involved abrogation of Article 370of Constitution of India when all internet services, phone networks etc were suspended temporarily as a preventive measure taken to avoid any danger to national security. Held, one needs becautious when it comes to balancing national security with liberty. There is no need to caution against the excessive utility […]
Arts. 19(1)(a) & (2)-Freedom of speech and expression Read More »
Arts. 21 , 14, 38, 39, 47, and 51(c ) -Right to food – The apex court had on October 18 favored setting up of community kitchens, saying the country needs this kind of system to tackle the problem of hunger . Further default by states in not filing affidavit to incur additional costs of
Hearing of review petition in open court in the case of Nirbhaya gang rape case declined. Held, that the order of which review has been sought, does not suffer from any error apparent warranting its reconsideration. Review petition dismissed. (2020) 3 SCC 239- Pawan Kumar Gupta v State (NCT of Delhi)
Banking /Shares/ Securities and other Financial services Non submission of insured’s insurance form and premium by collecting bank to Insurance company is deficiency of service on the part of the collecting bank. (2020) 4 SCC 671- Hemiben Ladhabhai Bhanderi v Saurashtra Gramin Bank and Another
Financial services Read More »
Protection of women from Domestic Violence Act,2005-Ss. 18 and 20, the court has to be prima facie satisfied that there have been instances of Domestic Violence– there are no specific allegations as to how other relatives of Appellant 14 (husband) have caused the acts of Domestic Violence- the criminal case of domestic violence against them
Crimes against women and children Read More »
Ss. 35,74 and 76 – proof of age – School leaving certificate / transfer certificate, certified copy required. Self-governing statement is insufficient in the absence of examination of the official incharge of school who recorded the date of birth in school register. Held, the onus was on the plaintiff to prove that he was a
School leaving certificate Read More »
153-C – Applicability of the section- Modalities to be complied with by assessing officer under two different scenerios clarified and held that Since Assessing officer (AO) of the assessee and the searched person being the same the satisfaction recorded by the AO concerned complied with requirements under S. 153-C. ITAT to decide and dispose of
Applicability of the section- Modalities to be complied with by assessing officer Read More »
Ss. 166 and 168– Principles summarized for Just compensation on Permanent total disability –- Principles for determination of just compensation contemplated under MV Act are well settled. Apart from injury, claimant has to be compensated for consequential losses. No reason to interfere with Tribunal’s award Rs 300000 for loss of marriage prospects , (2020) 4
Principles summarized for Just compensation on Permanent total disability Read More »
Clarified Right of pre-emption and its Nature and scope. The plaintiff (Beni Prasad) had a superior right of pre-emption by virtue of the provisions of Section 6(3) of Rajasthan Pre-emption Act 1966, since he was the brother of the second defendant. Devicharan has an inferior right of pre-emption as compared to Beni Prasad. Hence his
Clarified Right of pre-emption and its Nature and scope Read More »
Meaning of “Fidelity insurance” para 11 (2020) 4 SCC 674 – Oriental Insurance Company Limited v National Bulk Handling Corporation Private Limited “Fraternity” and “bandhutva” paras 15 to 24 (2020) 4 SCC 727 – Prathvi Raj Chauhan v Union of India and others
Meaning of “Fidelity insurance” Read More »
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