News Muncher - category appellants

4 hours, 42 minutes ago

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

Live Law

In a recent judgement, the Jharkhand High Court has reiterated that a conviction and sentence can be based on the testimony of a solitary witness if it inspires confidence and is wholly reliable. Finding weight in the argument advanced on behalf of the appellants, the division bench of Justice Ananda Sen and Justice Gautam Kumar Choudhary observed, “I find weight …

Court Conviction Jharkhand Case Fir Form

1 day, 22 hours ago

Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court

Live Law

The Supreme Court has criticised the practice of government institutions engaging workers on a temporary basis for a prolonged period, which results in the infringement of various labour rights. While allowing the regularisation of certain workers who were employed on a temporary basis for about 14-20 years by the Central Water Commission, a bench comprising Justice Vikram Nath and Prasanna …

Judgment Court Employees Workers Appellants Cat Temporary

IBC | Financial Creditor Can Submit Claim Even If There Is No Default Of Debt : Supreme Court

Live Law

The Supreme Court has observed a default is not necessary for a debt to become a financial debt under the Insolvency and Bankruptcy Code, 2016. A bench comprising Justice Abhay S Oka and Justice Augustine George Masih held that under Section 5 of the IBC, any person to whom financial debt is owed becomes a Financial Creditor even if there …

Supreme Court Financial Bank Debt Appellants Person Claim

IBC | Financial Creditor Can Submit Claim Even If There Is No Default Of Debt : Supreme Court

Live Law

The Supreme Court has observed a default is not necessary for a debt to become a financial debt under the Insolvency and Bankruptcy Code, 2016. A bench comprising Justice Abhay S Oka and Justice Augustine George Masih held that under Section 5 of the IBC, any person to whom financial debt is owed becomes a Financial Creditor even if there …

Court Bank Appellants Person Claim Default Owed

2 days, 10 hours ago

Memorandum Of Family Settlement Did Not Require Registration: Delhi High Court Dismisses Appeal U/S 34 Of Arbitration Act

Live Law

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee has held that the Single Judge has, without interfering with the factual findings arrived at by the learned Arbitrator, correctly applied the settled legal position to the MFS, by holding that the same being a record of prior oral partition of the properties between all the sons …

Court Parties Settlement Judge Held Appellants Shri

3 days, 4 hours ago

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Live Law

The Supreme Court today quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce. The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing the Appellant's challenge to the Bombay High Court's Aurangabad Bench decision which refused …

Supreme Court Court Cruelty Injury 498A Ipc Appellants

6 days, 9 hours ago

'Dearth Of Super-Speciality Doctors In Dental Science Field': Supreme Court Regularises MDS Admissions

Live Law

The Supreme Court in a recent order, while directing the issuance of pending degrees to graduates of MDS, observed the 'dearth of Super-Speciality Doctors' in the field of dentistry. The bench of Justice BR Gavai and Justice KV Viswanathan was hearing an appeal filed by MDS graduates, the batch of 2016-19 in the dental colleges of Madhya Pradesh who challenged …

Justice Supreme Court Court Order Dental State High

1 week ago

Delhi State Commission Holds LG Electronics And Croma Liable For Deficiency In Service Due To Unapproved TV Display Panel Replacement

Live Law

The State Consumer Disputes Redressal Commission, Delhi presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held LG Electronics Pvt Ltd. and Croma liable for deficiency in service as they replaced the TV display Panel without the consent of the complainant. Through an order dated 08.04.2021, the District Commission held the appellants liable for deficiency in service as the panel …

Delhi Service State Commission State Appellants Commission Complainant

1 week, 1 day ago

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC

Live Law

The Jammu and Kashmir and Ladakh High Court has held that an unregistered Agreement to Sell confers a legal right upon the beneficiary to seek the execution of a subsequent sale instrument from the transferor. Citing Section 49 of the Registration Act Justice Sanjay Dhar explained that an unregistered agreement to sell immovable property is admissible as evidence which allows …

Legal Court Specific Performance Sale Registration Right Appellants

1 week, 3 days ago

'No Premeditation': Gujarat HC Overturns Murder Conviction Of Two Who Caused Fatal Injuries From Iron Strips, Convicts For Culpable Homicide

Live Law

The Gujarat High Court overturned the murder conviction of two men to culpable homicide not amounting murder, after noting that the facts of the case the ingredients of the offence of murder under the IPC were not made out. Relying on the same, the division bench then observed “For the reasons recorded above, we have no hesitation to hold that …

Injuries Murder Court Gujarat Culpable Homicide Incident Ipc

1 week, 5 days ago

Caste-Based Insult In Backyard Of Private House Not "Within Public View", No Offence Under S.3 SC/ST Act : Supreme Court

Live Law

The Supreme Court recently held that alleged caste-based insult or intimidation that occurred in the backyard of a private house does not qualify as being “within public view” under Section 3 of the SC/ST Act, 1989. They cannot also be termed as public in general.” The Court set aside the order dated November 13, 2019, passed by the Orissa High …

Supreme Court Court House Act Alleged Backyard Appellant

1 week, 5 days ago

SC grants bail to two men in Delhi Waqf Board money laundering case

Hindustan Times

New Delhi, The Supreme Court on Wednesday granted bail to two men arrested in connection with the Delhi Waqf Board money laundering case, taking note of their prolonged incarceration and unlikelihood that the trial would begin in the near future. SC grants bail to two men in Delhi Waqf Board money laundering case A bench comprising Justices Abhay S Oka …

Delhi Board Court Bail Men Case Khan

1 week, 6 days ago

Karnataka State Law University Has Autonomy To Regulate Its Revaluation Process: HC Rejects Student's Plea Against Evaluation Standards

Live Law

The Karnataka High Court has dismissed an appeal filed by a Law student challenging an order of the single judge which rejected his petition questioning the re-valuation standards adopted by the Karnataka State Law University. Therefore, judicial intervention is not warranted, as the appellant's request for further revaluation is not supported by the University's regulations or by any exceptional circumstances …

Law University Regulations Revaluation Process James Kar

2 weeks, 3 days ago

SC grants bail to eight convicts in 1987 Hashimpura massacre case

New Indian Express

NEW DELHI: The Supreme Court on Friday granted bail to eight convicts in the infamous 1987 Hashimpura massacre case of 38 persons by the personnel of the Provincial Armed Constabulary. A bench comprising Justices Abhay S Oka and Augustine George Masih took note of the submissions of senior advocate Amit Anand Tiwari, appearing for four convicts, that they are suffering …

Court Hashimpura

2 weeks, 4 days ago

Telangana High Court Upholds Removal Of Law Officers After Change In Govt, Says Appointment Subject To Pleasure Of Govt

Live Law

While upholding an order of the single judge on removal of certain government appointed advocates, the Telangana High Court said that there was no employer-employee relation between the State and the law officers. The appellants contended that a change of Government–change of political party which may come into power in the general elections–does not change the character of the continuing …

Government Law Trust Services Confidence Order State

2 weeks, 4 days ago

If State Doesn't Question Suit Maintainability For Lack Of Notice U/S 80 CPC In Written Statement, It Can't Do So At Appellate Stage: Orissa HC

Live Law

The Orissa High Court has reiterated that the State and its agencies cannot challenge the maintainability of a suit, for the first time at the stage of appeal, on the ground that no prior notice as prescribed under Section 80 of the Code of Civil Procedure was issued to them before instituting the suit. Clarifying the position of law, the …

Court State Appellants Notice Suit Cpc Plaintiff

2 weeks, 5 days ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of …

Appeal Compensation Court Land State High Second

3 weeks, 2 days ago

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Live Law

Rajasthan High Court has set aside the conviction of a man convicted by the Special POCSO Court on the grounds that when the appellant's counsel refused to appear, instead of appointing an Amicus Curiae at that instance, the trial court closed the evidence. It was contended by the Amicus Curiae on behalf of the appellant that on account of trial …

Counsel Court Trial Court Appellant Curiae Amicus

3 weeks, 3 days ago

Bengaluru Court Can Try Suit By Resident Manna Dey's Daughter Against 'Defamatory' Bengali Content Published At West Bengal: Karnataka HC

Live Law

For context, Section 19 CPC pertains Suits for compensation for wrongs to person or movables. “ Trial Court committed an error coming to a conclusion that merely because book is sold in Bengaluru, jurisdiction does not arise within this Court and the same is an erroneous approach when the wrong was done in Bengaluru by selling the books and by …

Bengaluru Jurisdiction Trial Court West Bengal Trial Court Bengali

3 weeks, 6 days ago

In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC

Live Law

The Jaipur bench of the Rajasthan High Court ruled that in matters that affect supply of public services like electricity to the consumers in the State, ordinarily ex-parte interim order ought not to be granted, and even if it was granted, the application for vacating the stay is required to be considered expeditiously. Though the appellants filed an application for …

Vacation Appeal Supply Court Application Order State

4 weeks ago

NCLT Is Not Right Forum To Decide Whether Closure Of Factory Under Industrial Dispute Act Was As Per Law: NCLAT

Live Law

The NCLAT New Delhi bench of Justice Ashok Bhushan, Barun Mitra and Arun Baroka has held that the Adjudicating Authority is not the right forum to decide whether closure of the factory was in accordance with law. Liquidator vide e-mail dated 25.02.2019 asked the Appellants to submit the proof of employment in the company in the period of two years …

Corporate Dispute Factory Closure Industrial Claims Appellants

1 month ago

Allotment Of Commercial Space By Corporate Debtor Through Unregistered Allotment Letter Remains Their Asset, Can't Be Excluded From Resolution Plan: NCLAT

Live Law

The NCLAT New Delhi bench of Justice Ashok Bhushan and Barun Mitra has held that allotment of commercial spaces by the corporate debtor through unregistered documents like allotment letter, lease deed etc.cannot divest the CD of their ownership. That the Appellant-Nupur Garg, having been allotted commercial space, with regard to which, Lease Deed was also executed by the CD and …

Space Resolution Corporate Debtor Commercial Commercial Space Resolution Plan Tribunal

1 month, 1 week ago

Arson Case | Prosecution's Story Highly Doubtful: Allahabad HC In Disqualified MLA Irfan Solanki Bail Order

Live Law

Granting bail to Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson case, the Allahabad High Court on Thursday observed that the link of circumstance led by the prosecution is inconclusive and cannot give rise to the definite inference of his guilt. In contrast, and interestingly, in a separate order dismissing his application for …

Evidence Court Bail Prosecution Appellants Solanki Irfan Solanki

1 month, 1 week ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

Rajasthan Court Caste Charges Public Act

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Articles for Appellants

Sole Witness's Testimony Can Form Basis Of Conviction And Sentence If It Is Wholly Reliable: Jharkhand High Court Reaffirms

Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court

IBC | Financial Creditor Can Submit Claim Even If There Is No Default Of Debt : Supreme Court

IBC | Financial Creditor Can Submit Claim Even If There Is No Default Of Debt : Supreme Court

Memorandum Of Family Settlement Did Not Require Registration: Delhi High Court Dismisses Appeal U/S 34 Of Arbitration Act

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

'Dearth Of Super-Speciality Doctors In Dental Science Field': Supreme Court Regularises MDS Admissions

Delhi State Commission Holds LG Electronics And Croma Liable For Deficiency In Service Due To Unapproved TV Display Panel Replacement

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC

'No Premeditation': Gujarat HC Overturns Murder Conviction Of Two Who Caused Fatal Injuries From Iron Strips, Convicts For Culpable Homicide

Caste-Based Insult In Backyard Of Private House Not "Within Public View", No Offence Under S.3 SC/ST Act : Supreme Court

SC grants bail to two men in Delhi Waqf Board money laundering case

Karnataka State Law University Has Autonomy To Regulate Its Revaluation Process: HC Rejects Student's Plea Against Evaluation Standards

SC grants bail to eight convicts in 1987 Hashimpura massacre case

Telangana High Court Upholds Removal Of Law Officers After Change In Govt, Says Appointment Subject To Pleasure Of Govt

If State Doesn't Question Suit Maintainability For Lack Of Notice U/S 80 CPC In Written Statement, It Can't Do So At Appellate Stage: Orissa HC

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Trial Court Erred In Closing Evidence Upon Refusal Of Accused's Counsel To Enter Appearance: Rajasthan HC Sets Aside POCSO Conviction

Bengaluru Court Can Try Suit By Resident Manna Dey's Daughter Against 'Defamatory' Bengali Content Published At West Bengal: Karnataka HC

In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC

NCLT Is Not Right Forum To Decide Whether Closure Of Factory Under Industrial Dispute Act Was As Per Law: NCLAT

Allotment Of Commercial Space By Corporate Debtor Through Unregistered Allotment Letter Remains Their Asset, Can't Be Excluded From Resolution Plan: NCLAT

Arson Case | Prosecution's Story Highly Doubtful: Allahabad HC In Disqualified MLA Irfan Solanki Bail Order

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case