In this section, blogs on law are consolidated.
It is well settled that if a particular procedure in filling up the application form is prescribed, the application form should be filled up following that procedure alone. This was enunciated by Privy Council in the Nazir Ahmad v. King Emperor [1936 SCC OnLine PC 41] , wherein it was held that: “that where a … Read more
What is SLP? Under the Constitution of India, we have a three-tier court system starting from the Subordinate Courts (district courts), High Court/ Tribunals and Supreme Court. Most of the original and appellate jurisdictions are confined within the first two-tier court system. Approaching the Supreme Court in an appeal against any order of the High … Read more
A full bench (3 judges) of the Hon’ble Supreme Court vide its order dated 25.10.2021 in Criminal Appeal No. 1393 OF 2011 Ramawatarv State of Madhya Pradesh found it appropriate to invoke our powers under Article 142 of the Constitution and quash the criminal proceedings under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities … Read more
Introduction A legislative enactment which provides for the imposition of a tax may make provisions for: The levy of the tax on the basis of a taxable event; The measure of the tax; The rate at which the tax will be imposed; The incidence of the tax; and Assessment, collection, recovery and other incidental provisions. … Read more
CASE: Criminal Appeal No.1209 Of 2021: Prem Shankar Prasad Versus The State Of Bihar & Anr. Judgment Date: 21.10.2021 COURT: Supreme Court of India Relevant Extracts: Despite the above observations on merits and despite the fact that it was brought to the notice of the High Court that respondent No.2 -accused is absconding and even … Read more
CIVIL APPEAL NO. 6289 OF 2021: Vaibhavi Enterprise Versus Nobel Cera Coat & Ors. With CIVIL APPEAL NO.6290 OF 2021: Tanish Cherachem Private Limited Versus Nobel Cera Coat & Ors. Judgment date: 21.10.2021 Ratio: Having heard the learned counsel for the respective parties and considering the impugned order passed by the High Court, we are … Read more
CASE NO. & TITLE CIVIL APPEAL NO. 6292 OF 2021 (Arising out of SLP(C) No. 29856/2019): Valsan P. .…Appellant(s) Versus The State of Kerala and Ors. …. Respondent(s) The petitioner worked in the telecom department of the central government (CG) for 10 years (1974-84) but later joined 1st state government service for three years (1984-87) … Read more
Test for determining whether an establishment is Industrial or not within section 25L of Industrial Disputes Act, 1947 The hon’ble supreme court has reiterated that test for determining whether an establishment is Industrial or not within section 25L of Industrial Disputes Act, 1947 is what are the predominant functions and activities of the said Department. … Read more
Where are the Courts established and what are their territorial Jurisdictions? In Uttar Pradesh, as per GO dated 31.10.2017 and GO dated 02.11.2017 Commercial Courts have been notified/ established in 13 districts with territorial jurisdictions as hereinunder: S.N. Districts Territorial Jurisdiction over districts 1 Agra Agra, Mathura, Mainpuri, Firozabad 2 Aligarh Aligarh, Hathras Etah, Kasganj … Read more
Under the Real Estate (Regulation and Development) Act 2016 (“RERA Act 2016”) a complaint is filed under section 31 or 71 depending on the nature of the relief sought if there is a contravention of any of the provisions of the said Act. However, the powers of the Authority to adjudicate under section 31 is … Read more
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On 16.07.2021 In SPECIAL LEAVE PETITION (C) NO.2492 OF 2021 K.P. NATARAJAN & ANR. VERSUS MUTHALAMMAL & ORS. while dismissing the SLP the Hon’ble Court held that: 1.High Court can Exercise its wider powers under Article 227 while sitting in civil revision to prevent miscarriage of justice. Powers of the High Court under Article 227 are in addition to and wider than the powers under Section 115 of the Code. ● 2.Non-appointment of guardian of minor by civil court and then deciding matter ex-parte is against Order XXXII … Read more