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Arbitration Act 1996, Court Directs Dispute Resolution Through Arbitration: Calcutta High Court
In a recent ruling, Justice Prasenjit Biswas of the High Court at Calcutta exercised Article 227 of the Constitution of India to review an order dated 7th July 2015 passed by the learned Civil Judge (Junior Division), Siliguri in Title Suit No. 210 of 2013. The case involved M/S Fullerton India Credit Company Limited…
Court Affirms Maintenance Rights for Woman Living as Wife; Emphasizes Absence of Legal Proof of Marriage: Madhya Pradesh High Court
In a recent ruling, the High Court of Madhya Pradesh at Jabalpur, under the jurisdiction of Hon'ble Shri Justice Gurpal Singh Ahluwalia, addressed the intricacies of a maintenance order in a case involving cohabitation. The case, M.Cr.C No.30262/2023, delves into the complexities of marital status, legal obligations,…
Drug Peddlers of small and intermediate quantity are termites, should not be given bail: Himachal Pradesh High Court
In a significant ruling, the High Court of H.P. has denied bail to Surinder Kumar, who was arrested under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of 5.65 grams of Heroin/Chitta. The court's decision comes after a thorough analysis of the case and consideration of various…
Testimonies of Dowry Death Victims' Relatives Cannot Be Disregarded: Supreme Court
In a significant development, the Supreme Court of India has overturned a High Court judgment regarding a dowry death case involving M.N. Basavaraja & Ors. The case, under the purview of Section 302, 498A, and 201 of the Indian Penal Code (IPC) read with Sections 3 and 4 of the Dowry Prohibition (DP) Act, has garnered…
Direct High Court Approach for Seized Vehicle Release Without Sec.451 CrPC Improper: Supreme Court
In a recent ruling by the Supreme Court of India, the intricacies of Section 98(2) of the Gujarat Prohibition Act 1949 were elucidated, shedding light on the legal embargo imposed on the release of seized property, specifically vehicles, in cases involving the transportation of contraband liquor exceeding prescribed…
'Merits Of The Case Not Required To Be Considered In Condoning Delay' : Supreme Court Explains Principles For Delay Condonation
In a recent judgment under the Land Acquisition Act, the Supreme Court of India has upheld a decision by the High Court regarding a delayed appeal in a land acquisition matter. The case involves Pathapati Subba Reddy (Died) by L.Rs. & Ors. vs. The Special Deputy Collector (LA), focusing on the condonation of an…
POCSO Act Cases Can't Be Quashed On Ground Of Victim Entering Into A Compromise With Accused: Allahabad High Court
In a recent ruling by the Allahabad High Court, Justice Samit Gopal dismissed an application under Section 482 of the Criminal Procedure Code seeking to quash charges under Sections 376 and 313 of the Indian Penal Code and Sections 3/4 of the Protection of Children from Sexual Offences (POCSO) Act. The case, State of…
Quashes Reassessment Order Against Housewife When Property Was Purchased By Her Husband: Bombay High Court
In a recent development, the Bombay High Court, under the purview of the Income Tax Act, 1961, addressed a significant case involving a housewife, Kalpita Arun Lanjekar. Background: Kalpita Arun Lanjekar, a housewife with no income and thus not required to file income tax returns, received a notice dated 19th February…
Section 34 Petition Filed After Court Break Invalid, 30-Day Grace Period Expires: Delhi High Court
The recent judgment by the Supreme Court pertains to an appeal filed under OMP(COMM) No. 316/2022, which involved the question of whether the delay in filing a petition could be condoned under Section 34(3) of the Arbitration and Conciliation Act, 1996. Details of the Judgment: In a detailed analysis, the Supreme…
Section 395 IPC, Prosecution Must Examine Magistrate Who Conducted Test Identification Parade As 'Witness' During Trial: Orissa High Court
In a significant legal development, the Orissa High Court has acquitted four accused persons in a dacoity case under Section 395 of the Indian Penal Code (IPC). The judgment, delivered by Justice S.K. Sahoo on 4th April 2024, sheds light on crucial aspects of the case that led to the acquittal of the appellants.…