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Whether Agreement To Submit To Jurisdiction Of One Court Impliedly Ousts Jurisdiction Of All Other Courts? Punjab & Haryana HC Answers
3 days, 4 hours ago

Whether Agreement To Submit To Jurisdiction Of One Court Impliedly Ousts Jurisdiction Of All Other Courts? Punjab & Haryana HC Answers

Live Law  

The Punjab and Haryana High Court has made it clear that a party cannot invoke the alternative jurisdiction in a dispute once they have decided the territorial jurisdiction by way of entering into a valid contract. The bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said if the contract is validly executed wherein the parties have consensually conferred the …

Contract Court Parties Courts Gurugram Respondent Party Jurisdiction Clause
Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC
2 weeks ago

Election Petition Questioning Caste Certificate Of Elected Representative Maintainable Before High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that Karnataka Scheduled Castes and Scheduled Tribes and Other Backward Classes Act, 1990, does not take away the jurisdiction of the High Court to decide an election dispute questioning the caste of a returned candidate to the Legislative Assembly. He claimed that only the DCVC formed under the Karnataka Scheduled Castes Scheduled Tribes and …

High Court Jurisdiction Court Election Caste Other Backward Classes State
Transmission Corporation Inherited Andhra Pradesh Electricity Board's Service Regulations, Power To Amend Impliedly Available: Telangana HC
1 month, 3 weeks ago

Transmission Corporation Inherited Andhra Pradesh Electricity Board's Service Regulations, Power To Amend Impliedly Available: Telangana HC

Live Law  

While upholding the validity of an order issued by the Transmission Corporation of Telangana Limited deleting beneficial provisions regarding service weightage for promotion to Additional Assistant Engineer posts, the Telangana High Court ruled that the corporation has the power to amend the relevant service regulations. The Court held that TRANSCO had the competence to amend service regulations inherited from the …

Board Regulation Electricity Regulations Power Order Service
Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable
1 month, 3 weeks ago

Patna High Court Acquits Rape Accused, Finds Victim's Testimony Unreliable

Live Law  

The Patna High Court has acquitted an accused in a rape case, finding the victim's testimony to be unreliable. The Court noted that the victim's statement in court significantly differed from her initial written statement to the police, and there were serious contradictions in both her statement and her conduct, making her untrustworthy. As a result, the Court held that …

Court Victim Statement Certificate Her Statement Appellant Patna High
Reusing E-way Bills Demonstrates Intention Of Tax Evasion: Punjab And Haryana High Court Upholds Penalty Against Transporter
1 year, 4 months ago

Reusing E-way Bills Demonstrates Intention Of Tax Evasion: Punjab And Haryana High Court Upholds Penalty Against Transporter

Live Law  

The Punjab and Haryana High Court has upheld the penalty against the transporter and ruled that reusing e-way bills demonstrates the intention of tax evasion.The bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan has observed that the ‘intention to evade payment of tax’ is an essential ingredient for initiating proceedings against a person under Section 130. The Punjab …

Tax Tax Evasion Punjab Act Haryana High Court Intention Section 130
Angelina Jolie says Brad Pitt is lying about ‘secret agreement’ regarding winery sale
2 years, 3 months ago

Angelina Jolie says Brad Pitt is lying about ‘secret agreement’ regarding winery sale

LA Times  

Angelina Jolie is calling ex-husband Brad Pitt a liar when it comes to their agreement — or lack thereof — regarding the sale of Chateau Miraval and its winery. “Pitt alleges that when Jolie and Pitt first purchased their family home, Chateau Miraval, in 2008, the couple ‘impliedly’ agreed they would never sell their respective interests in the chateau without …

Agreement Pitt Fbi Brad Jolie Chateau Miraval
Bombay High Court Weekly Round Up: August 29 - September 3 , 2022
2 years, 4 months ago

Bombay High Court Weekly Round Up: August 29 - September 3 , 2022

Live Law  

Nominal Index Nizar Noorali Rangara and Anr. with 11 connected matters 2022 LiveLaw 316 Reports/Judgments Company In Liquidation Cannot Always Avoid Proceedings U/S 138 NI Act, Its Conduct Can Be Weighed In: Bombay High Court Case Title: Nizar Noorali Rangara and Anr. Citation: 2022 LiveLaw 313 The Aurangabad bench of Bombay High Court on Tuesday set aside an order removing …

Court Bombay High Court State High Ors Act 2022
Madras High Court Full Bench Rules In Favour Of Original Jurisdiction Of High Court For Hearing Child Custody Cases
2 years, 4 months ago

Madras High Court Full Bench Rules In Favour Of Original Jurisdiction Of High Court For Hearing Child Custody Cases

Live Law  

The Madras High Court on Friday ruled in favour of original jurisdiction of High Court for hearing child custody and guardianship cases in a 3:2 majority decision The five judge bench comprising of Justice PN Prakash, Justice R Mahadevan, Justice M Sunder, Justice Anand Venkatesh and Justice AA Nakkiran was constituted following reference by a three judge bench to answer …

Justice High Court Jurisdiction Court High Act Original
Implicitly Admitted Liability Does Not Prevent Reference Of Dispute To Arbitration If Arbitration Agreement Exists: Bombay High Court
2 years, 4 months ago

Implicitly Admitted Liability Does Not Prevent Reference Of Dispute To Arbitration If Arbitration Agreement Exists: Bombay High Court

Live Law  

Observing that a judicial authority must make a reference to arbitration if even a semblance of dispute exists between two parties who have an arbitration agreement, the Bombay High Court has held that impliedly admitted liability cannot prevent reference of dispute to arbitration. The court relied on Bombay HC judgment in ION Exchange Ltd. v. MSK Projects Ltd. and changes …

Arbitration Dispute Court Loan Liability Reference Agreement
No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court
2 years, 4 months ago

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court

Live Law  

The Kerala High Court recently held that an Original Petition filed under Article 227 of the Constitution is not the remedy in relation to an order which is revisable under Section 115 of the Civil Procedure Code. The Court in this case considered three questions to be of seminal importance: firstly, which orders are revisable under Section 115 of CPC; …

Kerala High Court Jurisdiction Constitution Civil Kerala High Court Courts
Waiver Under Section 12(5) Of A&C Act Has To Be By An Express Agreement In Writing: Delhi High Court
2 years, 7 months ago

Waiver Under Section 12(5) Of A&C Act Has To Be By An Express Agreement In Writing: Delhi High Court

Live Law  

The Delhi High Court has ruled that any right under Section 12 of the Arbitration and Conciliation Act, 1996, that deals with the ineligibility of certain persons to be appointed as an arbitrator, can be waived of only by an express Agreement in writing entered into after the disputes had arisen between the parties. The petitioner AK Builders thereafter filed …

Court Delhi High Court Disputes Agreement Express Act Appointed
Covid Deaths- SC Issues Notice On Parsi Group's Plea To Allow Last Rites As Per Their Religious Practices
3 years, 1 month ago

Covid Deaths- SC Issues Notice On Parsi Group's Plea To Allow Last Rites As Per Their Religious Practices

Live Law  

The Supreme Court on Monday issued notice on a plea by the Surat Parsi Panchayat Board for a direction to permit it and its members to perform Dokhmenashini/last rites in Dokhmas of its members having died due to Covid 19, in accordance with their religious practices which is duly protected by the Constitution. The bench of Justices D. Y. Chandrachud …

India Religious Constitution Court Dead Petition Its Members
Special Court Can Conduct Joint Trial Of MMDR Offences With IPC Offences : Supreme Court
3 years, 1 month ago

Special Court Can Conduct Joint Trial Of MMDR Offences With IPC Offences : Supreme Court

Live Law  

The Supreme Court has held that a Special Court under the Mines and Minerals Act can conduct joint trial of the offences under the MMDR Act along with the offences under the Indian Penal Code as per Section 220 of the Code of Criminal Procedure.Section 220 CrPC specifies the situations where joint trial of offences are possible. The Supreme Court …

Supreme Court Trial Court Ipc Held Act Special
"Public Interest Over Religion": Gujarat High Court Dismisses Plea To Allow Parsis To Perform Last Rites As Per Customary Practice
3 years, 5 months ago

"Public Interest Over Religion": Gujarat High Court Dismisses Plea To Allow Parsis To Perform Last Rites As Per Customary Practice

Live Law  

Observing that the guidelines issued by Ministry of Health and Family Welfare for dead body management are not violative of fundamental rights of the Parsis, the Gujarat High Court has dismissed a petition seeking directions to allow the Parsi Community to perform last rites of their members as per their customary practice i.e. Placing reliance on the recent Supreme Court …

Religious Supreme Court Court Fundamental Rights Guidelines Fundamental Practice
Supreme Court agrees to examine fresh plea challenging sedition law
3 years, 5 months ago

Supreme Court agrees to examine fresh plea challenging sedition law

The Hindu  

The Supreme Court will examine a petition filed by a retired Army General, who said a nearly 60-year-old judgment of the court that helped sedition survive in the Indian Penal Code was behind time and needed a relook. 'Criticism is not sedition': SC quotes 1962 ruling The petitioner argues that the 1962 judgment in the Kedar Nath case, which upheld …

Supreme Court Judgment Sedition Right State Section 124A Court Agrees
Kangana Ranaut's revision plea in Javed Akhtar defamation case dismissed by Mumbai court
3 years, 9 months ago

Kangana Ranaut's revision plea in Javed Akhtar defamation case dismissed by Mumbai court

India Today  

In a setback to actor Kangana Ranaut, the Dindoshi Sessions Court in Mumbai has dismissed the revision application filed by her, challenging the proceedings before the Metropolitan Magistrate Court at Andheri in a criminal defamation complaint filed by lyricist Javed Akhtar. KANGANA RANAUT'S PLEA DISMISSED In her plea, Kangana Ranaut had challenged the issuance of process, the legality and validity …

Mumbai Court Order Kangana Ranaut Ranaut Akhtar Javed
After Democratic debate, the presidential candidates' positions on health care become more clear
5 years, 3 months ago

After Democratic debate, the presidential candidates' positions on health care become more clear

Salon  

The candidates for the Democratic presidential nomination sparred for just under three hours Thursday night, highlighting the generational and ideological splits among the 10 leading contenders vying to take on President Donald Trump in 2020 — and the Democratic Party more broadly. Warren and Sanders argued "Medicare for All," the single-payer health care system popularized by Sanders, would save Americans …

Medicare Health Care Candidates Health Insurance Care Cost Biden
Civil Court Jurisdiction Cannot Be Completely Taken Away In Spite Of Bar If Jurisdictional Error Is Pleaded: SC [Read Judgment]
5 years, 4 months ago

Civil Court Jurisdiction Cannot Be Completely Taken Away In Spite Of Bar If Jurisdictional Error Is Pleaded: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the jurisdiction of the civil courts cannot be completely taken away in spite of either an express or implied bar.The civil courts shall have jurisdiction to examine a matter in cases of jurisdictional error, i.e. The Supreme Court has observed that the jurisdiction of the civil courts cannot be completely taken away in spite …

Civil Courts Suit Corporation Bench Statute Remedy
Even Brief Judgments Of Supreme Court Passed After Grant Of Special Leave Are Binding Precedents: SC [Read Judgment]
5 years, 5 months ago

Even Brief Judgments Of Supreme Court Passed After Grant Of Special Leave Are Binding Precedents: SC [Read Judgment]

Live Law  

The Supreme Court has observed that its judgments which are passed in exercise of appellate jurisdiction are binding precedents, even if they are brief.After the grant of special leave, the order impugned before the Supreme Court becomes an order appealed against and any order passed thereafter would be an appellate order and attract the doctrine of merger despite the fact …

Supreme Court Judgment Court Order Binding Precedents Supreme Mis
Adverse Possession Plea Can Be Sustained Only When Possession Is In Denial Of True Owners' Title: SC [Read Judgment]
5 years, 8 months ago

Adverse Possession Plea Can Be Sustained Only When Possession Is In Denial Of True Owners' Title: SC [Read Judgment]

Live Law  

The Supreme Court has reiterated the principles of acquisition of title by adverse possession.The bench comprising of Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari observed that mere continuous possession howsoever long it may have been qua its true owner is not enough to sustain the plea of adverse possession unless it is further proved that such possession was. The …

Court Title Land Suit Possession True Owner