Order XLI Rule 22 CPC- Cross Objection Not Necessary To Challenge Adverse Findings: Supreme Court

The Supreme Court observed that a party in whose favour a court has decreed the suit can challenge an adverse finding before the appellate court without a cross objection.It is not necessary that a challenge to the adverse findings of the lower court needs to be made in the form of a memorandum of cross-objection, the bench comprising Justices DY Chandrachud and MR Shah observed.The Court...

Constitutional Amendments Struck Down By Supreme Court : 7 Partially & 1 Wholly So Far

While the NJAC amendment was struck down wholly by the Supreme Court, the other listed amendments were struck down in part.

'Fundamental Right To Form Cooperative Societies', 'Article 43B': Remnants Of 97th Constitutional Amendment After Supreme Court Judgment

The Supreme Court struck down most of the provisions introduced by 97th Constitutional Amendment on the ground that the requisite ratification from states was not obtained as per Article 368(2) of the Constitution.The majority (2:1) also held that Part IXB is operative insofar as multi-State co-operative societies are concerned. But there are a couple of important provisions inserted by...

Ex-Parte Decree Against Minor Not Represented By A Duly Appointed Guardian A Nullity : Supreme Court

The Supreme Court has upheld a judgment of the Madras High Court which held that an ex-parte decree passed against a minor not represented by a guardian who is duly appointed is a nullity.A bench comprising Justices Indira Banerjee and V Ramasubramanian was considering an appeal filed against the High Court judgment, which had set aside the ex-parte decree passed against a minor on the...

Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court

The Jharkhand High Court has held that in the absence of any allegation of deception, false promise, or inducement at the time of the transaction, merely the breach of undertaking to repay the loan in the manner claimed cannot be a basis for conviction under Section 420 of the Indian Penal Code. A bench of Justice Anubha Rawat Choudhary, while setting aside the conviction of the...

Is There A Fundamental Right To Drink Liquor? What Courts Have Held?

The Gujarat High Court recently reserved its order on the maintainability of a petition against the decades old liquor prohibition in the state. The challenge is made on the ground of emergence of the right to privacy in the year 2017, which the Petitioners argued was unavailable when the ban was first challenged in 1950. It is their primary contention that the right to...

Distinction Between 'Temporary Injunction' And "Attachment Before Judgement" Under The CPC: Calcutta High Court Explains

The Calcutta High Court vide order dated 22.6.21 explained in detail the distinction in the nature of relief between a 'temporary injunction' under Order XXXIX Rule 1 and an order for 'attachment before judgment' under Order XXXVIII Rule 5 of the Civil Procedure Code, 1908 (CPC). Justice Moushumi Bhattacharya observed that while both provisions aim to protect the petitioner by preserving...

Arbitration Court Reckoner : April & May 2021

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of April & May 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). While as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out....

Arbitral Tribunal Cannot Apply Public Law Principles Or Article 14 Against Public Body : Bombay High Court

"A writ court may well hold against a public body on a public law principle or by invoking Article 14; but an arbitrator, constrained as he or she is by the contract, has no such power".

Labour And Employment Law Updates [May And Early June, 2021]

The following updates are in relation to the central notification, circulars and press release and does not include state wise updates except for the NCT Delhi. 1. Draft Code On Social Security (Employee' s Compensation) (Central) Rules, 2021 (3rd June ,2021) Applicability-: It extends to the whole of India and shall come into force after the date if their final publication in...

'Security Deposit Limited To 2 Months For Residence; Enhanced Rent After Tenancy Period' : Key Features Of Draft Model Tenancy Act

The Union Cabinet, on Wednesday, approved the Model Tenancy Act.Now, this Model Act will be circulated to all States / Union Territories for adaptation by way of enacting fresh legislation or amending existing rental laws suitably. According to the Government, Model Tenancy Act aims at creating a vibrant, sustainable and inclusive rental housing market in the country."It will enable creation...

Arbitration Court Reckoner : March 2021

By way of the present column, an attempt is made to briefly review the salutary judgments pronounced by the Courts in the month of March 2021 under the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act'). That while as many judgments as possible are sought to be reviewed, owing to the limited column space, some judgments would invariably be left out. That also while an attempt is made to include and review some judgments of various other High Courts, the...