Showing 1939 articles
Upholds Acquittal in S.138 NI Act Case, Finds Cheque Not Linked to Legally Enforceable Debt: Supreme Court
In a recent development, the Supreme Court of India reviewed a significant case under the Negotiable Instrument Act, 1881. The case, involving M/S Rajco Steel Enterprises versus Kavita Saraff and Another, pertained to cheque dishonour accusations. Case Details: The petitioner, M/S Rajco Steel Enterprises, filed four…
Easementary Rights Case, Easement By Necessity Not Available When There Is Alternative Way To Access Property : Supreme Court
In a recent judgment, the Supreme Court of India resolved a dispute regarding easementary rights over a 20ft. wide road, as per Section 15 of the Indian Easements Act, 1882. The case involved Manisha Mahendra Gala & Ors. (Appellants) vs. Shalini Bhagwan Avatramani & Ors. (Respondents). The case stemmed from a property…
Limitation Period For Filing An Application For Substitution Of An Arbitrator Is 3 Years: Delhi High Court
In a recent decision by the Delhi High Court, a case under Section 14 of the Arbitration and Conciliation Act, 1996, came to light involving North East Centre of Technology Application and Reach (NECTAR) and Divine Bamboo Mat Manufacturing Pvt. Ltd. & Anr. The case stemmed from an agreement dated 24th November 2008…
Insurance Law, Insurer's Burden To Prove Insured Suppressed Material Facts : Supreme Court
In a significant judgment, the Supreme Court of India has directed an insurance company to honor an insurance claim amounting to Rs. 7,50,000/- and Rs. 9,60,000/-, with 7% interest per annum. The case revolves around the interpretation of Sections 101, 102, 103, and 106 of the Evidence Act, 1872 and the principle of…
Supreme Court Affirms: Power of Attorney Holders Cannot Testify on Matters Within Clients' Personal Knowledge
In a landmark judgment delivered by the Supreme Court of India, the long-standing dispute over easementary rights has finally found closure. The case, which involved Civil Appeal No. 9642 of 2010 under the Indian Easements Act, 1882, centered around the rights over a 20ft. wide road situated on land Survey No.57 Hissa…
Supreme Court Clarifies: NDPS Act's Search & Seizure Rules Not in Conflict with Constitutional Protections
In a groundbreaking ruling, the High Court has overturned convictions in a case that sheds light on the nuanced application of the Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985. This verdict has far-reaching implications, particularly regarding the necessity of adhering to statutory provisions during…
Land Dispute, Easement By Necessity Not Available When There Is Alternative Way To Access Property : Supreme Court
In a landmark judgment on INSC 293, the Supreme Court of India delivered a decisive ruling in a long-standing land dispute between parties, highlighting crucial legal aspects under the Indian Easements Act, 1882. Background of the Case: The case centered on a dispute over easementary rights concerning a 20ft. wide…
Easy Access To Justice A Facet Of Right To Life: J&K High Court Allows SARFAESI Actions To Be Challenged Under Article 226 Till Local DRTs Are Established
In a significant legal development, the Jammu & Kashmir High Court has rendered a crucial judgment concerning the maintainability of writ petitions under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act. The judgment, delivered by Hon'ble Justice Wasim Sadiq…
Strict Proof For Determining Age Not Required In Every Case Of Child Pornography: Kerala High Court
In a recent judgment by the Kerala High Court, the importance of expert opinion in determining the age of models in child pornography cases was emphasized. The judgment, delivered by Justice K. Babu, sheds light on the complexities surrounding the assessment of a model's age and the role of expert testimony in such…
NDPS Act | Officer Must Mandatory Record In Writing Reasons For Arrest/Search As Per S.41(2), Violation Will Vitiate Trial : Supreme Court
In a landmark decision, the High Court acquitted the accused in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, highlighting critical procedural lapses and violations of statutory safeguards. Case Background: The case revolved around the arrest and subsequent prosecution of Accused No. 01…
