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Delhi High Court Sets Out Key Principles To Determine Maintenance, Calls For Reasoned Orders By Family Courts
The Delhi High Court on Wednesday set out the key principles to be followed while determining maintenance to the wife and child, while also calling for reasoned orders by Family and Mahila Courts in the national capital. Justice Swarana Kanta Sharma emphasised that orders granting interim maintenance in matrimonial cases must be based on a clear and reasoned assessment of income...
Mumbai ITAT Quashes ₹445 Crore Transfer Pricing Adjustment Against Netflix India
The Income Tax Appellate Tribunal (ITAT) Mumbai has recently set aside a Rs 445 crore transfer pricing adjustment on Netflix India for financial year 2021-22, rejecting the Revenue's claim that the company, as a licensee of its streamed content, owed higher taxes.The authorities had imposed the tax because they treated Netflix India, the Indian arm of US-based streaming giant Netflix, as...
Auction Purchaser Must Verify Dues In “As Is Where Is” Sale; Bank Not Liable for Undisclosed Liabilities: Allahabad High Court
Recently, the Allahabad High Court has held that it is the duty of the auction purchaser to check the dues and liabilities on the property being auctioned on "as is where is", "as is what is and "whatever there is" basis.The bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi held:“once a person participates in any auction while having knowledge that the property is being...
2025 LiveLaw (SC) 1041 | ANNAMALAI v VASANTHI AND OTHERS
Click the link below to read the report and the judgment : When Should Plaintiff In Specific Performance Suit Seek Declaration That Contract's Termination Was Invalid : Supreme Court Explains 2018 Amendment To Specific Relief Act Is Not Retrospective, Clarifies Supreme Court...
When Should Plaintiff In Specific Performance Suit Seek Declaration That Contract's Termination Was Invalid : Supreme Court Explains
The Supreme Court on Wednesday (October 29) delivered a significant judgment which explained when should a plaintiff seeking specific performance of contract must also seek a declaration that the termination of the contract by the other party was invalid.The Court distinguished between termination and wrongful repudiation of the contract, clarifying when a declaration seeking invalidation of...
Delhi High Court Sentences Man To One Month Jail For Threatening Local Commissioner With Gun
The Delhi High Court on Wednesday sentenced a man to one month of simple imprisonment, along with Rs. 2,000 fine for threatening a Court appointment Local Commissioner with a pistol during execution of the commission. A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta held the man, Nitin Bansal, guilty of criminal contempt and disposed of the suo...
Monetary Compensation Must Be Granted From Date Of Application When Compassionate Appointment Is Denied: Jharkhand HC
A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that if compassionate appointment is denied then employer must grant the monetary compensation from date of application for the compassionate appointment. Background Facts The employee was a Piece Rated worker at Central Coalfields Limited (CCL) Dhori...
District Judge Appointments | Won't Take Away High Courts' Discretion, Says Supreme Court While Mulling Quota For Promotee Judges
While hearing the issue whether there should be a quota for the promotion of serving judicial officers as District Judge posts, the Supreme Court on Wednesday observed that it will not issue any direction to take away the discretionary powers of the High Courts in making appointments.The Court also said that it wanted to ensure that the aspirations of all categories, promotee judges and...
Anil Ambani Withdraws Plea Against IDBI Bank's Fraud Proceedings After Bombay High Court Declines To Intervene
The Bombay High Court on Tuesday allowed industrialist Anil Ambani to withdraw his petition by which he sought a directive to the IDBI Bank against proceeding with the personal hearing in connection to a show cause notice (SCN) issued to him for declaring his loan account as "fraud."Single-judge Justice Sandesh Patil presiding over the vacation court, after hearing Ambani's counsel, expressed...
Petition U/S 34 A&C Act Filed With Deficit Court Fee Is Non-Est Unless Paid Within Limitation Period: Madras High Court
The Madras High Court held that filing of a petition with deficit court fee does not amount to proper presentation. If the entire court fee is not deposited within the limitation period under section 34(3) Arbitration and Conciliation Act, 1996 (Arbitration Act), the court is divested of its power to condone the delay. Justice N. Anand Venkatesh held that "filing of a petition...
Test Of Prejudice Irrelevant When Tribunal Is Constituted Without Consent Of JV Partner: Madras High Court Sets Aside Arbitral Award
The Madras High Court set aside an arbitral award passed against M/s Nilakantan & Brothers Constructions Pvt. Ltd. (“the petitioner”) on the ground that since the arbitral tribunal was constituted without obtaining the consent of a Joint Venture Partner, it lacked jurisdiction. The court further held that the appointment cannot be validated merely on the ground that no...