Supreme Court Quarterly Digest On Indian Evidence Act [Jan – Mar, 2024]

Appreciation of Evidence – The High Court fails to appreciate evidence in a thorough manner and merely relied on a limited set of facts to arrive at a finding. In an appeal, as much as in a trial, appreciation of evidence essentially requires a holistic view and not a myopic view. Appreciation of evidence requires sifting and weighing of material facts against each other and a conclusion...

Supreme Court Quarterly Digest -Indian Penal Code [Jan-Mar, 2024]

Indian Penal Code, 1860 - Supreme Court Quarterly Digest 2024Section 34 & 120B – Since the foundational facts essential for constituting the substantive offences under Sections 153A and 504 IPC are not available from the admitted allegations of prosecution, the allegations qua the subsidiary offences under Sections 34 and 120B IPC would also be non est. (Para 30) Shiv Prasad Semwal v....

Bombay High Court Monthly Digest: April 2024 [Citations 176 - 236]

Nominal Index [Citation 176 - 236]Suhas Manohar Wankhede v. Election Commission of India & Others 2024 LiveLaw (Bom) 176Kirloskar Pneumatic Company v. Kataria Sales Corporation 2024 LiveLaw (Bom) 177Riak Insurance and Financial Services & Ors. v. HDFC Bank Limited 2024 LiveLaw (Bom) 178Niranjani Chandramouli v. Amit Ganpathi Shet and Ors. 2024 LiveLaw (Bom) 179M/s. OM...

Arbitration Cases Weekly Round-Up: 13th May - 19th May

Delhi High CourtDelhi High Court Sets Aside Orders Upholding Arbitral Award In Favour of Kalanithi Maran In SpiceJet Dispute, Quashes ₹270 Crore Payment Directive Case Title: Ajay Singh and Anr vs Kal Airways Private Limited & Anr. Case Number: FAO(OS) (COMM) 179/2023 The Delhi High Court division bench of Justice Yashwant Varma and Justice Ravinder Dudeja set aside...

Supreme Court Weekly Round-Up (13 May-18 May, 2024)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing a...

Supreme Court Quarterly Digest - Constitution Of India [Jan-Mar, 2024]

Constitution - Supreme Court Quarterly Digest 2024 Article 13 – Scope of Judicial Review in matters of economic policy – Courts must adopt a less stringent form of judicial review while adjudicating challenges to legislation and executive action which relate to economic policy as compared to laws relating to civil rights such as the freedom of speech or the freedom of religion....

RERA Cases Weekly Round Up – 13th May To 19th May,2024

Karnataka Real Estate Regulatory Authority Karnataka RERA Orders Refund To Homebuyer After Builder's Failure To Hand Over Possession Even After Lapse Of Six Years Case – Rahamatulla Dhalayat Versus Mantri Builders Private Limited Karnataka Real Estate Regulatory Authority (Authority) bench, comprising Justice HC Kishore Chandra (Chairperson), has directed the Builder to...

CESTAT Cases Weekly Round-Up: 12 To 18 May 2024

Agreement For Supply Of Water Is Not Covered Under Right To Use Natural Resources; CESTAT Quashes Rs. 10 Crores Service Tax DemandCase Title: Sasan Power Limited Versus Commissioner, Central Excise & Central Goods and Services TaxThe Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the agreement executed between the appellant and the government is...

Consumer Cases Weekly Round-Up: 13th To 19th May 2024

National Consumer Disputes Redressal Commission (NCDRC)Policy Holder Must Take Reasonable Steps To Safeguard Insured Property Against Accident And Damage, NCDRC Dismisses Appeal Against New India Assurance CoThe National Consumer Disputes Redressal Commission, New Delhi bench of Mr Subhash Chandra...

Supreme Court Quarterly Digest 2024- ARBITRATION (Jan - Mar)

SUPREME COURT QUARTERLY DIGEST 2024Arbitration and Conciliation Act, 1996An award could be said to be against the public policy of India in, inter alia, the following circumstances: 1. When an award is, on its face, in patent violation of a statutory provision 2. When the arbitrator/Arbitral Tribunal has failed to adopt a judicial approach in deciding the dispute. 3. When an award is in...

Indirect Tax Cases Weekly Round-Up: 12 To 18 May 2024

Supreme CourtLabelling and Re-Labelling of Containers Qualifies as 'Manufacture' for CENVAT Credit Under Excise Act: Supreme CourtCase Details: Commissioner Of Central Excise Belapur Vs Jindal Drugs Ltd. Citation : 2024 LiveLaw (SC) 374The Supreme Court has held that labelling or re-labelling of containers amounts to 'manufacture' under the Central Excise Act for availing cenvat credit....

Direct Tax Cases Weekly Round-Up: 12 To 18 May 2024

Delhi High CourtAO Can't Proceed With Assessment In Absence Of Section 127 Transfer Order: Delhi High CourtCase Title: Rajsheela Growth Fund (P) Ltd. Versus ITOThe Delhi High Court has held that the Assessing Officer cannot proceed with assessment in the absence of a transfer order under Section 127 of the Income Tax Act.Bombay High CourtMerely Brandishing Newspaper Cuttings Doesn't Prove...