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Supreme Court Sets Aside NCDRC Judgment Barring Banks From Charging More Than 30% Interest On Credit Card Dues
3 weeks ago

Supreme Court Sets Aside NCDRC Judgment Barring Banks From Charging More Than 30% Interest On Credit Card Dues

Live Law  

The Supreme Court today set aside an order dated July 7, 2008, passed by the National Consumer Disputes Redressal Commission in Awaz & Ors v. RBI, whereby it held that charging of interest between 36% per annum to 50% per annum from the credit card holders is usurious/excessive rate of interest. It found that in the United States of America …

Supreme Court Court Credit Credit Card Interest Credit Cards Card
CGST Rules Prescribing Time-Bound Submission Of Declaration Under TRAN-1 To Claim Transitional Credit Not Directory But Mandatory: Rajasthan HC
4 weeks, 2 days ago

CGST Rules Prescribing Time-Bound Submission Of Declaration Under TRAN-1 To Claim Transitional Credit Not Directory But Mandatory: Rajasthan HC

Live Law  

The Rajasthan High Court has held that Rules prescribing the 'time and manner' for claiming transitional credit, in addition to the statutory procedure provided under Section 140 of the Central Goods and Services Tax Act 2017, are mandatory in nature. Petitioner contended that once it fulfilled the statutorily prescribed eligibility conditions enumerated under Section 140, non-compliance with Rule 117 would …

Credit Rules Rule Claim Declaration Prescribed Petitioner
Trump-Appointed Appeals Court Judges Rule in Favor of Mississippi on Ballot Deadline Dispute
2 months, 2 weeks ago

Trump-Appointed Appeals Court Judges Rule in Favor of Mississippi on Ballot Deadline Dispute

CNN  

A federal appeals court judge in Mississippi has ruled that the state is violating federal law by counting mail ballots that arrive after Election Day. However, the ruling does not block the policy before the election, leaving it unclear if it will impact legal challenges to late-arriving ballots in other states.

Politics Law Elections Voting Mississippi
Trump-Appointed Appeals Court Judges Rule in Favor of Mississippi on Ballot Receipt After Election Day
2 months, 2 weeks ago

Trump-Appointed Appeals Court Judges Rule in Favor of Mississippi on Ballot Receipt After Election Day

CNN  

A federal appeals court judges have ruled that Mississippi's post-election mail ballot receipt violates federal law. The ruling could impact legal challenges to late-arriving ballots in other states, which could make a difference in key races. The court's decision is only binding on the three Southern states covered by the circuit, and for now, the panel is not ordering that …

Politics Law Elections Voting Rights Mississippi
Arbitrator's Disqualification: Non-Disclosure of Affiliation a Ground for Disqualification Under Section 12 of the Arbitration Act
2 months, 2 weeks ago

Arbitrator's Disqualification: Non-Disclosure of Affiliation a Ground for Disqualification Under Section 12 of the Arbitration Act

Live Law  

The Rajasthan High Court Bench of Justices Pushpendra Singh Bhati and Munnuri Laxman held that under section 12 of the Arbitration Act after the amendment act of 2015, there is a specific reference of ineligibility in the circumstances referred under the Seventh Schedule. Such a per se ineligibility, which has been statutorily recognized under the amended provision, was not in …

Law Arbitration Disqualification Non-Disclosure Udaipur
Dispute on Ineligibility of Arbitrator in Coal Trading Dispute
2 months, 2 weeks ago

Dispute on Ineligibility of Arbitrator in Coal Trading Dispute

Live Law  

The Rajasthan High Court Bench of Justices Pushpendra Singh Bhati and Munnuri Laxman held that under section 12 of the Arbitration Act after the amendment act of 2015, there is a specific reference of ineligibility in the circumstances referred under the Seventh Schedule. Such a per se ineligibility, which has been statutorily recognized under the amended provision, was not in …

Law Arbitration Disqualification Independent Arbitrator Udaipur
Hawaii voters asked to ensure protection of same-sex marriage
3 months, 4 weeks ago

Hawaii voters asked to ensure protection of same-sex marriage

Associated Press  

In November 1998, Hawaii adopted a constitutional amendment giving the Legislature the power to restrict marriage to opposite-sex couples after it received a clear majority in the election. Twenty-six years later, voters will have an opportunity to reverse that decision, which has already been made irrelevant — at least for now — by a U.S. Supreme Court decision legalizing same-sex …

Marriage Supreme Court Constitution State Voters Vote Ballot
Commercial Courts Empowered To Hear Commercial Original Petition Arising From Section 37 Of Arbitration Act: Telangana High Court
4 months, 1 week ago

Commercial Courts Empowered To Hear Commercial Original Petition Arising From Section 37 Of Arbitration Act: Telangana High Court

Live Law  

The Telangana High Court division bench of Justice Moushumi Bhattacharya and Justice M.G. During the proceedings, the Petitioner initially sought to withdraw petition arguing that it was incorrectly advised to file an appeal under section 37 of the Arbitration Act before the Commercial Court. Subsequently, the Petitioner filed Commercial Original Petition before the Commercial Court under section 37 of the …

Arbitration Jurisdiction Order Council High Act Petition
Slum Rehabilitation Scheme Not To Be Seen As Real Estate Development Project, It's Linked To Right To Life: Supreme Court
5 months, 1 week ago

Slum Rehabilitation Scheme Not To Be Seen As Real Estate Development Project, It's Linked To Right To Life: Supreme Court

Live Law  

A Supreme Court bench of Justices PS Narasimha and Aravind Kumar has held slum rehabilitation scheme cannot be viewed as a real estate development project because “there is a public purpose involved, and that is inextricably connected to the right to life of some of our brothers and sister citizens who are living in pathetic conditions”. The Supreme Court has …

Supreme Court Development Project Act Authority Sra Appellant
Jon Stewart pushes VA to cover troops sickened by uranium after 9/11. Again, they are told to wait
5 months, 2 weeks ago

Jon Stewart pushes VA to cover troops sickened by uranium after 9/11. Again, they are told to wait

Associated Press  

WASHINGTON — Comedian Jon Stewart and troops sickened by uranium ended a meeting Friday at the Department of Veterans Affairs angry that once again they have been told they will have to wait to see whether the VA will connect their illnesses to the toxic base where they were deployed shortly after 9/11. “I believe punting is the correct term …

Veterans Radiation Pentagon Base Jackson Brooks Cover
No Addition Is Permitted U/s 68 Without Linking Alleged Entries Of Cash With That Of Material Seized During Course Of Search: Mumbai ITAT
7 months, 1 week ago

No Addition Is Permitted U/s 68 Without Linking Alleged Entries Of Cash With That Of Material Seized During Course Of Search: Mumbai ITAT

Live Law  

On finding that the AO has failed to prove that the seized documents were related to the assessee, the Mumbai ITAT held that the addition made by the AO u/s 68 of the Income Tax Act, without bringing any concrete evidence on record incriminating the assessee is not sustainable, and deserves to be deleted. Section 68 of the Income Tax …

Loan Bench Recorded Itat Seized Assessee
Legally Speaking | What is India’s stand towards refugees?
9 months, 3 weeks ago

Legally Speaking | What is India’s stand towards refugees?

Hindustan Times  

At the stroke of midnight on August 15, 1947, India awoke not only to life and freedom but also to the mass exodus of people from and to what was then East and West Pakistan. Three years later, in December 2014, the SOP was modified to create four categories of Pakistani/Bangladeshi/Afghanistani nationals who could be granted long-term visas — Minority …

India Refugees Supreme Court Pakistan Bangladesh Citizenship National
Patents Act | Pre-Grant Opponent Merely Aids In Holistic Examination Of Patent Application, Can't Intervene In 'Examination Process': Delhi HC
1 year ago

Patents Act | Pre-Grant Opponent Merely Aids In Holistic Examination Of Patent Application, Can't Intervene In 'Examination Process': Delhi HC

Live Law  

The Delhi High Court has held that a pre-grant opponent under the Patents Act, 1970, merely aids the Controller in a holistic examination of the patent application and does not have a right to intervene in the “examination process” of the patent.A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma observed that, unlike an adversarial process, the opposition …

Court Opposition Examination Process Right Controller Natco
Bombay High Court Takes Suo Moto Cognisance Of Deteriorating Air Quality In Mumbai, To Issue Comprehensive Directions
1 year, 2 months ago

Bombay High Court Takes Suo Moto Cognisance Of Deteriorating Air Quality In Mumbai, To Issue Comprehensive Directions

Live Law  

The Bombay High Court on Tuesday took suo motu cognisance of the poor air quality in Mumbai, while hearing a PIL on the same issue. We are also taking suo Motu cognisance of the air quality in Mumbai city. The High Court was hearing a fresh public interest litigation seeking judicial intervention to address the "problem of extreme air pollution …

Mumbai High Court Air Motu Pil
Providing Email ID In Notice Of Opposition Constitutes ‘Address For Service’ Under Section 143 Trade Marks Act: Delhi High Court
1 year, 2 months ago

Providing Email ID In Notice Of Opposition Constitutes ‘Address For Service’ Under Section 143 Trade Marks Act: Delhi High Court

Live Law  

The Delhi High Court has held that where an applicant or opponent provides an e-mail ID, on which official communication are sent by the Registry of Trade Marks, in the application or notice of opposition constitutes an “address for service” within the meaning of Section 143 of the Trade Marks Act.Justice C Hari Shankar added that the Registry of Trade …

Trade Court Opposition Delhi High Court Application Service Marks
Re-tweak the IBC to better secure aircraft lessor rights
1 year, 3 months ago

Re-tweak the IBC to better secure aircraft lessor rights

Live Mint  

The ministry of corporate affairs through a notification has decided to make the mandatory moratorium under Section 14 of the Insolvency and Bankruptcy Code inapplicable to “transactions, arrangements or agreements, under the Convention and the Protocol, relating to aircraft, aircraft engines, airframes and helicopters." This comes as a breather to international aircraft lessors, which had leased assets to Indian operators …

India International Rights Aircraft Indian Ctc Ibc
Children from void, voidable marriages entitled to parents’ share in ancestral property: SC
1 year, 4 months ago

Children from void, voidable marriages entitled to parents’ share in ancestral property: SC

The Hindu  

The Supreme Court on September 1 held that a child born of a void or voidable marriage can inherit the parent’s share in a joint Hindu family property governed by the Mitakshara law. Chief Justice Chandrachud said the first step to inheritance of a child from a void or voidable marriage would be to ascertain the exact share of his …

Marriage Children Justice Parents Property Succession Hindu
NGT Directs Uttarakhand Forest Department To Realise Punitive Cost For Illegal Tree Cutting In Nainital Forest Area
1 year, 4 months ago

NGT Directs Uttarakhand Forest Department To Realise Punitive Cost For Illegal Tree Cutting In Nainital Forest Area

Live Law  

The principal bench of National Green Tribunal has directed the Forest Department of Uttarakhand to take action for realisation punitive cost of trees which are illegally felled in forest area adjacent to Nainital city belonging to forest area. “We direct the Forest Department to take action for realization of cost of the trees not according to the value but according …

Action Uttarakhand Trees Forest Cost Tribunal Area
KSRTC Can't Use Employees' Pension Contributions To Meet Its Financial Obligations: Kerala High Court Upholds Single Bench Decision
1 year, 4 months ago

KSRTC Can't Use Employees' Pension Contributions To Meet Its Financial Obligations: Kerala High Court Upholds Single Bench Decision

Live Law  

The Kerala High Court recently dismissed an appeal filed by the Kerala State Road Transport Corporation challenging the Single Judge decision directing KSRTC to deposit both the employees' and employer's contributions to the National Pension Scheme, and the contributions to State Life Insurance Policy and Group Insurance Accounts within six months. The Corporation inheres no right to meet its financial …

Financial Court Pension National Employees Payment Contribution
Explained | Will platforms have to take down ‘fake news’?
1 year, 9 months ago

Explained | Will platforms have to take down ‘fake news’?

The Hindu  

The story so far: The Ministry of Electronics and Information Technology on Thursday amended the Information Technology Rules, 2021. The amendment empowers the Union Government to designate an official fact checker for misinformation and ‘fake news’, and to regulate the online real money gaming industry, which comprises apps like fantasy sports sites, rummy and poker. Union Minister of State for …

Gambling Media Social Legal Information Money States
Bar Council of Kerala Appeals Against Interim Order That Restricted Enrollment Fee For Advocates To Rs 750
1 year, 10 months ago

Bar Council of Kerala Appeals Against Interim Order That Restricted Enrollment Fee For Advocates To Rs 750

Live Law  

The Bar Council of Kerala has appealed to a division bench of the Kerala High Court against the interim order of a single judge which directed the BCK to not collect more than Rs 750 as enrollment fees from prospective advocates who had petitioned the Court. It is also contended in the petition that: “The power of the State Bar …

Kerala Court Bar Council Bar Advocates Order Council
ULB Polls| State Fulfills 'Triple Test' Formality For OBC Quota: UP Govt Informs Allahabad High Court
2 years ago

ULB Polls| State Fulfills 'Triple Test' Formality For OBC Quota: UP Govt Informs Allahabad High Court

Live Law  

Responding to the query of the Allahabad High Court, the Uttar Pradesh Government has informed the HC that in essence, it is complying with the 'Triple Test' mandate of the Supreme Court to institute OBC quotas in Urban Local Body Elections.The State Government has also made a categorical submission before the HC that the survey of Other Backward Classes conducted …

Court Local Uttar Pradesh Test Urban Other Backward Classes Reservation
Demonetisation | Won't Sit With Folded Hands, Can Examine Manner In Which Decision Was Taken, Says Supreme Court
2 years, 1 month ago

Demonetisation | Won't Sit With Folded Hands, Can Examine Manner In Which Decision Was Taken, Says Supreme Court

Live Law  

While hearing petitions challenging the 2016 banknote demonetisation decision, the Supreme Court said that it will not play the role of a silent spectator and sit quietly with folded hands only because it was an economic policy decision. We can always examine the manner in which the decision was taken," said Justice B.V. Nagarathna, one of the five judges sitting …

India Policy Counsel Court Demonetisation Bank Economic
Land Once Acquired By State Cannot Be Divested, Reconveyed To Original Owner: HP HC Orders NHAI To Pay Compensation For Land Acquisition
2 years, 1 month ago

Land Once Acquired By State Cannot Be Divested, Reconveyed To Original Owner: HP HC Orders NHAI To Pay Compensation For Land Acquisition

Live Law  

The Himachal Pradesh High Court, while disposing of a petition filed for compensation by a person whose land was acquired by the NHAI, held that once the land has been acquired by the NHAI under the relevant statutory provisions, the authorities could not divest themselves or reconvey the land on the basis that the acquired land was no longer required …

Compensation Court Land Order State Act Nhai