All powers vested with the persons occupying high posts must be discharged in accordance with constitutional principles and statutory rules/regulations governing the field. The judicial scrutiny of a decision does not depend on the rank or position held by the decision maker. (2020) 4 SCC 78 – Brigadier Nalin Kumar Bhatia v Union of India […]
Administrative or Executive Function Read More »
– Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as
[20] – Or.41 R 31 and Ss. 96 and 100 – Appeal -Meaning and scope defined- the judgment of the first appellate court must display conscious application of mind and record findings supported by reasons on all issues and contentions. it is required to comply with the requirement of Or.41 R 31 and non-observance of
Civil Procedure Code , 1908 Read More »
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 »
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