News Updates
NSEL Investors Group v 63 Moon Technologies| Nobody's Case That Money Was Given For Deposit With An Obligation To Return: 63 Moon Technologies Tell Supreme Court
"It is nobody's case that money was given for Deposit with an obligation to return,'' 63 Moons Technologies told the Supreme Court in the SLP preferred by the State of Maharashtra and NSEL Investors Action Group assailing Bombay High Court's order of freeing attachment of assets of 63 Moons Technologies. The High Court bench of Justices Ranjit More and Bharati Dangre in the writ...
'Why Concrete Poles Engraved With 'K-Rail' Used Instead Of Ordinary Survey Stones?' Kerala High Court Raises Further Queries On SilverLine
The Kerala High Court on Tuesday posed further questions on the State's manner of proceeding with the K-Rail Silver Line Project while conceding with the Supreme Court's observation that it should not have stalled the project.Yesterday, the Supreme Court had refused to interfere with the land survey and social impact assessment process of the project observing that the Single Judge could not...
Matrimonial Case Can't Be Transferred On Gound Of Distance/ Financial Stress If Plea U/S 24 HMA Has Already Been Allowed: Allahabad HC
The Allahabad High Court has observed that once an application under S. 24 of the Hindu Marriage Act, 1955 [Maintenance pendente lite and expenses of proceedings] has been allowed and uninterrupted litigation expenses are being paid to a party to a matrimonial dispute, he/she cannot move transfer application on the ground of distance and financial stress.The Bench of Justice Neeraj...
Rate Of Interest In A Contract May Be Modified By The Court On Equitable Grounds: Andhra Pradesh High Court
The Andhra Pradesh High Court recently ruled that where the rate of interest is fixed in the contract, it would be open to the Court to vary the rate of interest from the date of the suit till the date of recovery of the amount on equitable grounds, if the amount of interest is exorbitant. Brief Facts of the Case The case of the plaintiff was that the 1st defendant and her...
Scope Of Discretion To Stay Award U/S 19 MSME Act Wider Than U/S 36(3) Arbitration Act: Calcutta High Court
The Calcutta High Court has recently observed that the discretion conferred upon a Court to stay an award or a decree under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) is broader in scope compared to Section 36(3) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) where the discretion is limited to granting stay of an award subject...
Can Exercise Writ Jurisdiction Against Private Party That Wrongly Benefits From Inaction Of Public Authorities In Discharge Of Public Duty: Bombay HC
The Bombay High court recently came to the rescue of flat purchasers and allowed interim reliefs against private developers in writ petitions. A bench of Justices S.J. Kathawalla and Milind N. Jadhav regarded that inaction of government bodies against private developers is affecting the rights of innocent individuals. Hence, the court can exercise writ jurisdiction to protect...
In Absence Of Specific Pleading By Party About Self Acquired Suit Property, It Is Presumed To Be Joint Family Property: Karnataka High Court
The Karnataka High Court has said that in absence of a specific pleading made by the defendants to a suit before the trial court that properties in the suit were self acquired, it is presumed that such properties acquired subsequently are with the aid of joint family properties and as such they acquire the character of joint family. A division bench of Justice H.T.Narendra Prasad...
Madhya Pradesh High Court Upholds Punishment Of Compulsory Retirement Of Court Staff For Taking ₹10 As Bribe
The Madhya Pradesh High Court recently upheld its decision of not interfering with the order passed by the Disciplinary Authority, directing compulsory retirement of a court reader as punishment for taking bribe of Rs. 10. The division bench of Justice Sheel Nagu and Justice M.S. Bhatti was essentially dealing with a writ petition filed by the Petitioner seeking direction of the Court...
Gujarat High Court Grants Interim Injunction On Immovable Property Based On 'Agreement To Sell'
The Gujarat High Court recently ordered interim injunction on an immovable property and restrained its owner from changing its status during the pendency of the suit, based on an agreement to sell arrived at between the parties.The Bench comprising Justice AP Thaker observed, "So far as the suit based on agreement to sell for specific performance of contract, even if that agreement to sell...
10 Reasons Why NCB SIT Wants More Time To Investigate Aryan Khan's Case
In its detailed application seeking extension of 90 days to file their charge sheet in the Cordelia Cruise Ship Case against Aryan Khan and others, the Special Investigations Team stated that many accused are not cooperating in the investigation. It also cited corruption allegations against "witness" KP Gosavi, in Pune police's custody in a cheating case. The agency said that they are yet...
Interest Liability Under GST Can't Be Raised Without Initiating Adjudication Process If Assessee Raises Dispute: Jharkhand High Court
The Jharkhand High Court bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has ruled that if an assessee disputes the liability of interest, either disputes its calculation or the leviability of interest, then the only option left for the Assessing Officer is to initiate a proceeding either under Section 74 or 74 of the CGST Act for adjudication of the liability...
Consumer Forum Directs Big Bazaar To Cough Up ₹1,500 For Charging ₹19 For Cloth Bag Despite NCDRC Order To Stop Practice Completely
A District Consumer Commission in Maharashtra has directed Big Bazaar, a part of Future Retail Ltd, to pay Rs 1,500 to a customer who was charged Rs 19 for a cloth bag to carry the goods bought at one of its stores. In a recent order, the bench of the Commission comprising its President Nilima Sant, and members Neeta Kankariya and Manjusha Chitlange, also directed the retail chain...