Bringing you the Best Analytical Legal News
“Section 242 casts a higher threshold on the petitioner to demonstrate that the affairs of the Company are being conducted in a manner oppressive to any member or prejudicial to the interests of the Company, or that circumstances exist warranting its winding up on just and equitable considerations.”
Continue reading
The Court held that while prosecuting offences arising out of the alleged sale or use of Chinese manjha, a Magistrate must record reasons demonstrating application of mind before taking cognizance and issuing summons.
Continue reading
If there is neither acquisition of the land nor initiation of revision proceedings within the prescribed period of 10 years, and despite service of the statutory notice the authority fails to acquire the land or commence acquisition proceedings within 6 months, the reservation is deemed to have lapsed by operation of law.
Continue reading
The Madhya Pradesh High Court gives interim relief to petitioners accused of cattle slaughtering, by staying the operation and effect of the administrative notice issued to dispossess the petitioners of their houses.
Continue reading
The Court held that NSEI would qualify as a “public authority” not only under the second part, but also under the first part of Section 2(h), RTI Act.
Continue reading
Supreme Court held that reliance on non-existent, AI-generated or hallucinated judicial precedents vitiates adjudication, rendering the decision void in law and warranting its setting aside.
Continue reading
The Court observed ITRs are statutory documents when it comes to assessing one’s income, for the purposes of compensation under the MV Act. Hence, it issued the Guidelines for annual income assessment after effectively making a bifurcation between salaried individuals and self-employed individuals.
Continue reading
Perusing the recommendations made by the committee for two separate wings of police for investigation and law and order maintenance, the Court issued directions to increase the police cadre strength and establish well-equipped investigation labs in the state of Rajasthan for fair and expeditious investigation as delay violates the right to fair investigation and speedy trial.
Continue reading
The Court held that an error in taking cognizance under an incorrect statutory provision does not necessarily vitiate criminal proceedings. Under Section 465 CrPC, such an irregularity may be cured unless it results in a failure of justice or causes prejudice to the accused.
Continue reading
The Court held that where a three-Judge Bench has recognised an earlier materially identical policy as an exercise of Article 161 power, a contrary coordinate Bench decision treating the later identical policy as statutory is per incuriam.
Continue reading
Pal Promoters Pvt. Ltd. not liable to pay service tax on the construction services rendered to Tamil Nadu Police Housing Corporation (TNHPCL), Tsunami District Implementation Unit, Pudukkotai (TDIU) and for Peoples Development Association (PDA) and the demand is to be set aside as does not fall under Commercial or Industrial Construction Service.
Continue reading
This Court viewed that the balance of convenience and equities, in the present case, overwhelmingly lie in favour of permitting the proposed liver donation and transplantation. In case such permission is denied, it may lead to loss of life of the petitioner’s father.
Continue reading
Supreme Court has held that a compromise under Order 23 Rule 3 CPC must be signed by the parties or a duly authorised representative, and that an advocate cannot bind a client to a compromise affecting valuable property rights solely on implied authority
Continue reading
The present case arose out of a cross-border lending transaction involving Bank of India, Firestar Diamond FZE and Nirav Modi. United Kingdom High Court examined whether alleged non-compliance with India’s foreign exchange regulatory framework could defeat enforcement of a personal guarantee governed by Indian law.
Continue reading
Kerala High Court emphasised that the welfare of the child is paramount consideration. While courts may impose safeguards when permitting a child to be taken abroad, such conditions must be reasonable and capable of compliance. Onerous financial conditions that effectively deny the child better care and educational opportunities cannot be sustained.
Continue reading
The Competition Commission of India (CCI) has approved the acquisition of 100% shareholding of Royal Challengers Sports Private Limited, the parent company of Royal Challengers Bengaluru, by a consortium comprising entities of the Aditya Birla Group, Times Group, ICONIQ Group, Blackstone-backed funds and other investors.
Continue reading
“The criminal proceeding would put the petitioners to great oppression and prejudice and extreme injustice by not quashing the criminal proceeding despite full and complete settlement and compromise with the victim.”
Continue reading
The Court reiterated that “a public figure should not be so thin-skinned so as to complain about any criticism of his decisions and such criticism ought to be viewed with humility”.
Continue reading
The Court held that absence of external injuries or pending forensic reports cannot, by themselves, justify grant of bail if the trial court had overlooked material circumstances bearing upon the gravity of the offence and the vulnerability of the victim.
Continue reading
The case concerned the constitutional validity of Executive Order, which sought to restrict birthright citizenship for certain children born in the United States to parents who were unlawfully or temporarily present in the country. The Court examined the scope of the Citizenship Clause of the Fourteenth Amendment and the meaning of the phrase “subject to the jurisdiction thereof”.
Continue reading