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Search results for simpliciter

Serious Allegations Of Fraud Constituting Criminal Offense Are Non-Arbitrable: Delhi High Court
1 week, 4 days ago

Serious Allegations Of Fraud Constituting Criminal Offense Are Non-Arbitrable: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad held that the allegations of fraud which are extremely serious and potentially constitute a criminal offense are non-arbitrable. The new arbitrator held that the dispute was not arbitrable due to the serious allegations of fraud which required examination of witnesses from foreign authorities and governmental bodies. The Supreme Court held that …

Fraud Court Witnesses Allegations Held High Respondents
Regularisation benefits: SC pulls up J&K for non-compliance of high court order
2 weeks, 3 days ago

Regularisation benefits: SC pulls up J&K for non-compliance of high court order

Hindustan Times  

The Supreme Court has censured Jammu and Kashmir officials for not complying with a high court order over the regularisation of daily-wagers and called it as a “glaring and textbook example of obstination”. A bench of justices Surya Kant and N Kotiswar Singh said instead of complying with the 2007 order of the high court for the regularisation of daily-wagers, …

Court Kashmir Order Regularisation Judge High Officials
Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court
1 month, 1 week ago

Mere Demand For Dowry Not Offence U/S 498A IPC, Simpliciter Allegation Of Intimidation Not Harassment: Delhi High Court

Live Law  

The Delhi High Court has said that mere demand for dowry is no offence under Section 498A of Indian Penal Code, 1860, and simpliciter allegation of intimidation does not constitute harassment.Justice Amit Mahajan made the observation while quashing an FIR registered by a wife against the relatives of the husband. The Delhi High Court has said that mere demand for …

Court Delhi High Court Section 498A Ipc Fir Husband Wife
Injunction Suit Maintainable Without Declaratory Relief When Plaintiff's Title Isn't Disputed By Defendant : Supreme Court
2 months, 1 week ago

Injunction Suit Maintainable Without Declaratory Relief When Plaintiff's Title Isn't Disputed By Defendant : Supreme Court

Live Law  

The Supreme Court observed that a suit filed only for injunction simpliciter cannot be dismissed solely because it lacks a declaratory relief under Section 34 of the Specific Relief Act, 1963, especially when the defendants do not dispute the plaintiffs' title. The bench comprising Justice JB Pardiwala and Justice R Mahadevan was hearing the case arising out of the Orissa …

Supreme Court Dispute Court Title Relief High Suit
Specific Performance Decree For Agreement To Sell Can Be Executed Without Separate Relief For Possession : Supreme Court
3 months, 2 weeks ago

Specific Performance Decree For Agreement To Sell Can Be Executed Without Separate Relief For Possession : Supreme Court

Live Law  

The Supreme Court reiterated that it would not be necessary for the decree-holder seeking specific performance of an agreement to sell simpliciter to file a separate application under Section 22 of the Specific Relief Act, 1962 for claiming possession of suit property. The short question that falls for the Court's consideration was whether the executing court could grant possession if …

Supreme Court Performance Property Court Specific Performance Relief Suit
In Specific Performance Suit, Separate Relief For Possession Not Required When Transfer Of Possession Is Implicit In Agreement To Sell : Supreme Court
3 months, 3 weeks ago

In Specific Performance Suit, Separate Relief For Possession Not Required When Transfer Of Possession Is Implicit In Agreement To Sell : Supreme Court

Live Law  

The Supreme Court observed that when possession of the immovable property is transferred implicitly upon execution of the sale deed, a separate suit seeking possession of the immovable property is not required under Section 22 of the Specific Relief Act, 1963. The Court said that in a specific performance of the agreement to sale simpliciter, the plaintiff would avail complete …

Justice Supreme Court Performance Property Court Specific Performance Sale
Employee Found Unsuitable For Job Can Be Dismissed Without Notice During Probationary Period : Supreme Court
1 year, 6 months ago

Employee Found Unsuitable For Job Can Be Dismissed Without Notice During Probationary Period : Supreme Court

Live Law  

The Supreme Court recently reiterated the distinction between simpliciter termination and punitive termination. There shall be no appeal against an order of discharge under this Rule.” The Court referenced a full Bench of the P&H High Court in the case of Sher Singh, Ex-Constable v. State of Haryanawhich had held that the SP can invoke Rule 12.21 based on the …

Nature Court Held Employee Rule Enquiry Ppr
‘Blame-Game Between Govt Authorities Highly Deprecated’: Calcutta HC Directs Accountant-General To Refund Amount Deposited By Litigant In 2004
1 year, 7 months ago

‘Blame-Game Between Govt Authorities Highly Deprecated’: Calcutta HC Directs Accountant-General To Refund Amount Deposited By Litigant In 2004

Live Law  

The Calcutta High Court today directed the West Bengal's Accountant General to refund an amount of Rs 66,000 to a litigant who was made to deposit the said amount in relation to a civil proceeding back in 2004. In rebuking the “procrastination on behalf of the authorities” in refunding the petitioners deposit even after the case had been settled out-of-court …

Court West Bengal Case Deposit Authorities Refund Petitioners
Prosecution Can’t Only Recite From Complaint To Oppose Bail In Cases With Additional Conditions For Bail: Delhi High Court
1 year, 10 months ago

Prosecution Can’t Only Recite From Complaint To Oppose Bail In Cases With Additional Conditions For Bail: Delhi High Court

Live Law  

The Delhi High Court has observed that the prosecution cannot only recite from a complaint or simply say that it has material against an accused in respect of those offences for which twin conditions are stipulated in a statute for grant of bail. Justice Anup Jairam Bhambhani said that the prosecution must show how the material collected during investigation supports …

Court Prosecution Opposition Delhi High Court Conditions Accused Public
No Service Tax Leviable On Construction Of Residential Complexes Prior To 01.07.2010: CESTAT
1 year, 11 months ago

No Service Tax Leviable On Construction Of Residential Complexes Prior To 01.07.2010: CESTAT

Live Law  

The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal has held that no service tax could be levied on the construction of residential complexes prior to July 1, 2010, even when the service is rendered either as a service simpliciter or as a work contract.The bench of P. Dinesha and Vasa Seshagiri Rao has observed that the. …

Construction Tax Service Stat Residential Service Tax No Service Tax
L. Ravichander | Incorporate right to political opinion in the right to life
1 year, 11 months ago

L. Ravichander | Incorporate right to political opinion in the right to life

Deccan Chronicle  

To find the thematic essence of the paramount parchment is arguably to zero in on the fundamental rights guaranteed under Part III of the Constitution of India. In a case filed by People’s Union for Civil Liberties, the court held that the right to food is essential and the State cannot escape the responsibility to ensure it. The seeds of …

Law India Life Constitution Court Due Process Case
S.47 Indian Registration Act Most Misused Law, Retrospective Effect Of Registered Sale Deed Requires Cumulative Analysis Of All Evidence: Madras HC
2 years, 11 months ago

S.47 Indian Registration Act Most Misused Law, Retrospective Effect Of Registered Sale Deed Requires Cumulative Analysis Of All Evidence: Madras HC

Live Law  

The Madras High Court has recently held that while dealing with the aspect of "retrospective effect" under the Indian Registration Act, the courts shall not go by retrospective operations in simpliciter, as stated in the said Section, but consider all the attentive circumstances. Only on a cumulative analysis of all attentive circumstances, a decision is to be rendered not by …

Court Retrospective Effect Retrospective Retrospective Operations
Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court
3 years ago

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court

Live Law  

While considering an application for rejection of plain under Order VII Rule 11 CPC, the Court has to go through the entire plaint averments and cannot reject the plaint by reading only few lines/passages and ignoring the other relevant parts of the plaint, the Supreme Court has held.A bench comprising Justices MR Shah and BV Nagarathna set aside the judgment …

Supreme Court Property Court Transfer Order Shah Suit
Gold Smuggling Not "Terrorist Activity" Under UAPA Though It Threatens Economic Security Of Nation : Kerala High Court
3 years, 4 months ago

Gold Smuggling Not "Terrorist Activity" Under UAPA Though It Threatens Economic Security Of Nation : Kerala High Court

Live Law  

The Kerala High Court on Tuesday ruled that, while gold smuggling could threaten the economic security of a country, the same is not covered by the provisions of the Unlawful Activities Act. A Division Bench of Justice K Vinod Chandran and Justice C Jayachandran made the observation while granting bail to prime accused Swapna Suresh and seven others in the …

Economy Security High Court Gold Economic Kerala High Court Smuggling
Suggestions To Curb The Menace Of Custodial Violence And Brutality: Targeting The Ill-Conceived Notion Of 'My Area, My Custody, And My Law'
3 years, 5 months ago

Suggestions To Curb The Menace Of Custodial Violence And Brutality: Targeting The Ill-Conceived Notion Of 'My Area, My Custody, And My Law'

Live Law  

The Rule of Law amiss the police lock-ups in our country, when stories of brutal custodial violence and torture by police officials, slip through the walls of secrecy to shake the conscience of the common man, bringing to a disbelief that right to life is anywhere found vital in our democracy, with such gloomy state of affairs. Right from Articles …

Law India Human Rights Violence Criminal Police Custody Case
Suit Simpliciter For Injunction Without Claiming Declaration Of Title Not Maintainable If Plaintiff's Title Is Disputed: Supreme Court
3 years, 6 months ago

Suit Simpliciter For Injunction Without Claiming Declaration Of Title Not Maintainable If Plaintiff's Title Is Disputed: Supreme Court

Live Law  

The Supreme Court observed that a suit simpliciter for permanent injunction without claiming declaration of title is maintainable only in cases where the plaintiff's title is not in dispute or under a cloud.The bench of Justices L. Nageswara Rao and B.R. The Supreme Court observed that a suit simpliciter for permanent injunction without claiming declaration of title is maintainable only …

Court Title Case Issue Suit Possession Plaintiff
PMLA- No Stay In Trial Or Investigation Where No Coercive Simpliciter Has Been Ordered: Supreme Court
3 years, 7 months ago

PMLA- No Stay In Trial Or Investigation Where No Coercive Simpliciter Has Been Ordered: Supreme Court

Live Law  

While hearing a batch of pleas where an interim order staying arrest was granted in Prevention of Money Laundering Act cases, the Supreme Court today observed that there would be no stay in trial or investigation in cases where order of no coercive simpliciter has been passed. Listing down the sequence in which the Top Court would start considering the …

Supreme Court Constitution Investigation Court Money Laundering Money Cases
Gang Rape Of Minor- Meghalaya HC Denies Bail To BA Student, Directs Jail Authorities To Provide Him Necessary Facilities To Attend Virtual Classes
3 years, 8 months ago

Gang Rape Of Minor- Meghalaya HC Denies Bail To BA Student, Directs Jail Authorities To Provide Him Necessary Facilities To Attend Virtual Classes

Live Law  

Rejecting a bail application filed by a BA student accused in a case concerning gang rape of a 16 year old minor girl, the Meghalaya High Court on Monday directed the jail authorities to provide him necessary facilities required for attending virtual classes.A single judge bench comprising of Justice W. Diengdoh was dealing with a bail plea of one Habibul …

Court Rape Bail Case Accused Gang Rape Habibul
"No Monopoly Over Coronil"; Madras High Court Sets Aside Order Restraining Patanjali Ayurveda from Using The trademark 'Coronil'
4 years, 1 month ago

"No Monopoly Over Coronil"; Madras High Court Sets Aside Order Restraining Patanjali Ayurveda from Using The trademark 'Coronil'

Live Law  

A Division Bench of the Madras High Court has set aside a Single Bench order restraining Patanjali Ayurveda from using the trademark 'Coronil'- the controversial drug that the company initially claimed to be a cure for the deadly Corona virus. As is evident, these label mark consists of a common device, common word "coronil" and alpha numerals namely "92 B" …

Trade Court Trademark Registration Marks Registered Bench
'Reservation Policy To Apply In Effecting Promotions To New Posts Created By Restructuring Of Cadres': Reiterates Supreme Court
4 years, 3 months ago

'Reservation Policy To Apply In Effecting Promotions To New Posts Created By Restructuring Of Cadres': Reiterates Supreme Court

Live Law  

The Supreme Court on Thursday reiterated that, by virtue of its 2008 decision in Pushpa Rani's case, where the restructuring of cadres results in creation of new posts, the policy of reservation would apply in effecting promotions to those posts. The bench of Justices U. U. Lalit, Vineet Saran and Ravindra Bhat was hearing a Transferred Case arising out of …

Court Reservation Case Restructuring Promotion Tribunal Cat
Lathi Linked To Villager's Identity, Not A Weapon Of Assault Simpliciter, Says SC [Read Judgment]
4 years, 6 months ago

Lathi Linked To Villager's Identity, Not A Weapon Of Assault Simpliciter, Says SC [Read Judgment]

Live Law  

The fact that a lathi is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter, the Supreme Court has observed.In this case, the deceased died a day after the accused assaulted him with a lathi on the head. The fact that a lathi is also capable of being used as …

Court Assault Case State Accused Ipc Weapon
State To Widely Publicise RERA Act To Prevent Criminalisation Of Property Disputes: Orissa HC Holds Investor Protection Laws Inapplicable To Builder-Buyer Relations [Read Judgment]
4 years, 6 months ago

State To Widely Publicise RERA Act To Prevent Criminalisation Of Property Disputes: Orissa HC Holds Investor Protection Laws Inapplicable To Builder-Buyer Relations [Read Judgment]

Live Law  

The Orissa High Court last week asserted that the State Government will do well to give wide publicity to the provisions of the RERA Act, 2016 in order to "enable the lay and laity to seek refuge under the appropriate law" and "injunct any unnecessary litigations" arising out of builder-buyer relations. Observing that the State will do well to ensure …

Case State Estate Real Act Bench Rera
If Probationer Judge Is Discharged By Simpliciter Termination, Not Necessary To Follow Principles Of Natural Justice: Bombay HC [Read Judgment]
5 years, 1 month ago

If Probationer Judge Is Discharged By Simpliciter Termination, Not Necessary To Follow Principles Of Natural Justice: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court recently held that in case the order of termination of a probationer judge is simplisitor termination, it is not necessary to follow the principles of natural justice and or to hold any inquiry before issuing an order of termination. Case Background In the said petition filed under Articles 14, 16, 21 309, …

Justice High Court Court Natural Justice Order Service Termination
Death Sentence Can Be Imposed Only When Life Imprisonment Appears To Be An Altogether Inappropriate Punishment: SC [Read Judgment]
6 years ago

Death Sentence Can Be Imposed Only When Life Imprisonment Appears To Be An Altogether Inappropriate Punishment: SC [Read Judgment]

Live Law  

While commuting death sentence awarded to a man convicted for rape and murder of a five year old girl, the Supreme Court observed that death sentence must be imposed only when life imprisonment appears to be an altogether inappropriate punishment. The bench comprising Justice NV Ramana, Justice Mohan M. Shanthanagoudar and Justice Indira Banerjee sentenced Sachin Kumar Singhraha to undergo …

Death Life Court Sentence Death Sentence Life Imprisonment Imprisonment