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“The ‘Court’ under Section 29A shall be the Civil Court of ordinary original jurisdiction in a district and includes the High Court in exercise of its original civil jurisdiction under Section 2(1)(e), and shall not be the High Court or the Supreme Court under Section 11(6) of the Act.”
The Court noted from the mediation report that both children wished to live with their father in Qatar, despite limited memories of the place. The elder child added that their father’s presence alone would be enough, with someone available to care for them.
“Arbitration is founded upon consent. A party may be bound by the arbitral process only if it is first shown, even at a prima facie level, that such a party had agreed to submit disputes to arbitration.”
Bringing together significant service law rulings from the Supreme Court and various High Courts, this roundup offers brief summaries of the month’s important cases along with references to related roundups.
“This is a long drawn legal battle between brother and sisters. Although in the past the parties did try to reach to an amicable settlement, yet we are informed that the settlement failed.”
The NGT is empowered to quantify environmental compensation on the basis of project cost or scale of operations in order to enforce the polluter pays principle where construction is carried out in violation of environmental laws.
“Every medical practitioner owes to his patient a duty to exercise a reasonable degree of care, skill, and knowledge expected of a prudent practitioner in the same field.”
A litigant cannot be placed in a worse position merely for having approached the court.
“Upon a prima facie consideration, it appears to us that some of the provisions of the Impugned Regulations suffer from certain ambiguities, and the possibility of their misuse cannot be ruled out.”
“A separate cause of action arises upon each dishonour of a cheque provided the statutory sequence of presentation, dishonour, notice, and failure to pay is complete.”
The Reference under Section 10 of the Industrial Dispute Act, 1947 cannot be quashed merely because no prior demand was served on the employer.
“Though the demand raised by the Bank is legally sustainable, we find that compliance thereof would lead to extreme hardship for the appellant.”
The Court in Meena A Jagtap v. Bar Council of India, 2025 SCC OnLine SC 2749, directed that 30% posts of Executive Members along with that of ‘Treasurer’ of Gujarat High Court Bar Associations as well as all the District Bar Associations shall be exclusively earmarked/reserved for women advocates.
“It appears that approximately 1.40 crore individuals have been issued notices for the purpose of document verification.”
“The Vigilance and Anti-Corruption Bureau (VACB) is also a wing of State Police. The offences under the PC Act are also cognizable and can, therefore, be investigated by the State Police or VACB.”
“The judiciary would do well to remain circumspect of these practical realities, and interpret service rules in a manner that furthers the very object of a selection process, that is, the selection of the most suitable candidates from suitable candidates for appointment in a timely manner.”
Business profits must be concrete and commercially realisable, not mere paper adjustments. In amalgamation, substitution of shares that yield realisable assets of definite value constitutes taxable income under Section 28 of Income Tax Act, 1961, guided by the doctrine of real income to tax genuine gains while avoiding illusory ones.
When interpreting a tariff heading involved in a classification dispute, the tribunal or court may need to invoke and rely on the common or trade parlance test to understand the meaning and scope of the terms used in that tariff heading.
“The proper course is to proceed with the appeal on merits, ensuring representation, while securing presence only in accordance with law upon dismissal or as otherwise required.”
“True equality at the workplace can be achieved only with the right impetus given to disability rights as a facet of Corporate Social Responsibility.”