Articles for Part Iii

Property Of Personal Guarantors Cannot Be Sold Under SARFAESI Act During Moratorium Period U/S 96 Of IBC: NCLT Mumbai
1 month ago

Property Of Personal Guarantors Cannot Be Sold Under SARFAESI Act During Moratorium Period U/S 96 Of IBC: NCLT Mumbai

Live Law  

The NCLT Mumbai bench of Mr. Charanjeet Singh Gulati and Justice Lakshmi Gurung has held that once a petition under section 95 of the IBC is filed, the interim moratorium under section 96 is triggered. Brief Facts This application has been filed by, Raghavendra Joshi under Section 60 r/w Section 60 of the Insolvency and Bankruptcy Code, 2016 read with …

Personal Mumbai Property Sale Bank Application Tribunal
Book Review: Choice by Neel Mukherjee, Rich Observations, Uneven Narrative
6 months, 1 week ago

Book Review: Choice by Neel Mukherjee, Rich Observations, Uneven Narrative

The Hindu  

Published : Jun 12, 2024 11:00 IST - 5 MINS READ Really, I should hate Neel Mukherjee’s Choice. However, such is the power of Mukherjee’s observations and the precision of his writing that I love the first two stories and, despite slight reservations, find the third one highly pertinent and readable. Part I, probably the novel’s strongest segment, revolves around …

Bangladesh Mukherjee Book Choice Luke Ayush Mira
New broadcast bill may also cover those who put up news content online
1 year ago

New broadcast bill may also cover those who put up news content online

Hindustan Times  

India’s new broadcast bill could cover even individuals putting up news and current affairs content online, including on platforms such as YouTube, and also WhatsApp and Telegram channels. The proposed Broadcasting Services Bill, 2023, seeks to directly regulate streaming platforms such as Netflix, Amazon Prime Video and Disney+Hotstar as over-the-top, or OTT, broadcasting services, but under the Bill, anybody who …

India Media Social Commercial Activity Online Current Affairs Content
Disciplinary Proceedings Under KCS Rules Will Discontinue On Retirement Of Govt Servant If Proceedings Primarily About Loss Recovery: Kerala High Court
1 year, 1 month ago

Disciplinary Proceedings Under KCS Rules Will Discontinue On Retirement Of Govt Servant If Proceedings Primarily About Loss Recovery: Kerala High Court

Live Law  

The Kerala High Court held that after a government servant has retired from service and the proceedings primarily become about loss recovery, disciplinary proceedings under Rules 15 and 16 of KCS Rules are no longer applicable. “However, in the light of the fact that the proceedings have been confined to the recovery of loss as the respondent had retired from …

Retirement Kerala Disciplinary Proceedings Loss Recovery Court Natural Justice
SC slams lawyers for filing plea to declare Articles 20 and 22 'ultra vires', seeks explanation
1 year, 1 month ago

SC slams lawyers for filing plea to declare Articles 20 and 22 'ultra vires', seeks explanation

The Hindu  

October 31, 2023 04:49 pm | Updated 07:23 pm IST - New Delhi Saying that they showed complete lack of knowledge of the law, the Supreme Court on Tuesday strongly reprimanded three lawyers for drafting and filing a petition seeking to declare Articles 20 and 22 as 'ultra vires', or beyond the powers, of Part III of the Constitution. A …

Constitution Court Filed Article Petition Such A Petition Part Iii
Marriage Equality Case : Conclusions & Directions Of Supreme Court Judgments
1 year, 2 months ago

Marriage Equality Case : Conclusions & Directions Of Supreme Court Judgments

Live Law  

Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat and Justice PS Narasimha pronounced separate judgments.In terms of the reportable judgment, the Chief Justice of India issued following directions and conclusions:a. By recognizing a relationship in the form of marriage, the state grants material benefits exclusive to marriage; e. The State has an interest in …

India Marriage Equality Justice Supreme Court Constitution Couples
Once A Law Is Declared Unconstitutional, It Becomes Inoperative From Its Inception; Void Ab Initio : Supreme Court
1 year, 3 months ago

Once A Law Is Declared Unconstitutional, It Becomes Inoperative From Its Inception; Void Ab Initio : Supreme Court

Live Law  

Once a law is declared unconstitutional on grounds of it infringing any of the fundamental rights guaranteed under Part III of the Constitution, it would be held to be unenforceable right from the date of enactment, a Supreme Court constitution bench has observed. While holding that its 2014 judgment declaring Section 6A of the Delhi Special Police Establishment Act 1946 …

Supreme Court Judgment Court Held Bench Void Ab Initio Section 6A
Must Be Given All Opportunities To Produce Any Relevant Material Indicating Her Indian Citizenship: Gauhati High Court Grants Relief To Woman
1 year, 6 months ago

Must Be Given All Opportunities To Produce Any Relevant Material Indicating Her Indian Citizenship: Gauhati High Court Grants Relief To Woman

Live Law  

Ordering the Foreigners Tribunal to pass a reasoned order in her case, the Gauhati High Court recently allowed a woman to produce any such person for making deposition before the Tribunal, who may have the knowledge that she is the daughter of the person whose name is mentioned in the voter’s list of 1966 as per the certificate issued by …

Court Indian Knowledge Tribunal Panchayat Certificate Person
Govt Servants Can’t Be Excluded from Protection of Rights Guaranteed by Part III of Constitution: Delhi HC
1 year, 6 months ago

Govt Servants Can’t Be Excluded from Protection of Rights Guaranteed by Part III of Constitution: Delhi HC

News 18  

The Delhi High Court on Thursday observed that government servants cannot be excluded from the protection of rights guaranteed by Part III of the Constitution of India and set aside the 2019 Memorandum Order that de-recognised the Central PWD Engineers Association. By virtue of Article 19 of the Constitution of India, the right to form Association or Union or Cooperative …

Constitution Court Recognition Central Ccs Petitioner Association
'Excommunication Is Subject To Constitutional Morality, Results In Civil Death' : Supreme Court Doubts Precedent Upholding Right To Excommunicate
1 year, 10 months ago

'Excommunication Is Subject To Constitutional Morality, Results In Civil Death' : Supreme Court Doubts Precedent Upholding Right To Excommunicate

Live Law  

A Constitution Bench of the Supreme Court has doubted the correctness of the 1962 judgment in the case Sardar Syedna Taher Saifuddin Saheb v. State of Bombay which upheld the right of Dawoodi Bohra community to excommunicate its members and has referred it to the 9-judge bench which is considering the questions in Sabarimala. On February 10, another Constitution Bench …

Community Court Constitution Bench Constitutional Right Sabarimala Article
Kerala Service Rules | No Claim To Pension When An Employee Is Appointed For A Limited Period, Say Against Leave Vacancy: High Court
1 year, 11 months ago

Kerala Service Rules | No Claim To Pension When An Employee Is Appointed For A Limited Period, Say Against Leave Vacancy: High Court

Live Law  

The Kerala High Court recently observed that according to Rule 4 and Rule 14E of Kerala Service Rules no claim to pension is admissible when an employee is appointed for a limited period and that the period of regular full time service of a pensioner in an aided school alone shall be reckoned as qualifying service for pension. Division Bench …

Kerala Court Pension Pensionary Benefits Vacancies Service Rules
Permitting One Religious Community To Wear Their Symbols Would Be Antithesis To Secularism: Justice Hemant Gupta In Hijab Ban Case
2 years, 2 months ago

Permitting One Religious Community To Wear Their Symbols Would Be Antithesis To Secularism: Justice Hemant Gupta In Hijab Ban Case

Live Law  

"Secularism is applicable to all citizens, therefore, permitting one religious community to wear their religious symbols would be antithesis to secularism", the Supreme Court judge Justice Hemant Gupta observed in his judgment in Hijab case.The judge observed that the accommodation sought would result in different treatment of students in secular schools who may be following varied. "Secularism is applicable to …

Community Secularism Religious Constitution School Constitutional Religious Beliefs
Supreme Court Weekly Digest 2022 With Nominal And Subject/Statute Wise Index [August 1 to7]
2 years, 4 months ago

Supreme Court Weekly Digest 2022 With Nominal And Subject/Statute Wise Index [August 1 to7]

Live Law  

Arbitration and Conciliation Act, 1996; Section 11, 7 - High Court order proceeds on an understanding that the Counsel for both the sides did not dispute the fact that a clause of the Contract Agreement provided for appointment of an arbitrator - An understanding of counsel, cannot be regarded as a binding statement of law on the existence of an …

India Kerala Supreme Court Constitution Tax Court States
'100% Reservation For Local Residents In Scheduled Areas Unconstitutional' : Supreme Court Quashes Jharkhand Govt Notification
2 years, 4 months ago

'100% Reservation For Local Residents In Scheduled Areas Unconstitutional' : Supreme Court Quashes Jharkhand Govt Notification

Live Law  

The Supreme Court on Tuesday quashed a notification issued by the State of Jharkhand in 2016 to provide for 100% reservation for local residents in District Cadre Class III and Class IV posts in the 13 Scheduled Districts of the State.The Court held that "100% reservation provided for the local residents of the concerned Scheduled Districts / Areas only would …

India Supreme Court Constitution Court Local Ultra Vires Constitutional
Offences And Penalties Under IBC
2 years, 7 months ago

Offences And Penalties Under IBC

Live Law  

Before enacting the Insolvency and Bankruptcy Code, 2016, the law governing insolvency and bankruptcy was multitudinous. Punishment For Concealment Of Property: Section 68 of the Code punishes any officer of the corporate debtor with imprisonment for 3 years extendable up to 5 years, or fine of Rs.1 lakh extendable up to Rs.1 crore or both, if within 12 months immediately …

Corporate Insolvency Corporate Debtor Operational Creditor False Information Nclt Ors
Search Engines Like Google Not 'Publishers' Under Part III Of IT Rules, 2021: Centre Tells Delhi High Court
2 years, 10 months ago

Search Engines Like Google Not 'Publishers' Under Part III Of IT Rules, 2021: Centre Tells Delhi High Court

Live Law  

The Central Government has told the Delhi High Court that search engines like Google are not 'publishers' under Part III of Information Technology Rules, 2021. The Centre through Ministry of Information & Broadcasting has filed a counter affidavit in a plea filed by a CBSE official seeking removal of various links and news items published in the year 2017, regarding …

Technology Media Information Google Delhi High Court Digital Information Technology
The State of Manipur & Ors. v. Surjakumar Okram & Ors- 2022 LiveLaw(SC) 113 - Repeal Of Statute -Saving Clause Of Unconstitutional Law
2 years, 10 months ago

The State of Manipur & Ors. v. Surjakumar Okram & Ors- 2022 LiveLaw(SC) 113 - Repeal Of Statute -Saving Clause Of Unconstitutional Law

Live Law  

2022 LiveLaw 113 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION L. NAGESWARA RAO, J; B.R. If the State Legislature lacked legislative competence to enact the 2012 Act, the State Legislature did not have the power to repeal the same by way of the Repealing Act, 2018. It was further submitted before the High Court that the saving clause …

Law India Writ Petition 2018 Court Fundamental Rights Retrospective Effect
UAPA Annual Digest 2021 : Important Judgments Of Supreme Court & High Courts
2 years, 11 months ago

UAPA Annual Digest 2021 : Important Judgments Of Supreme Court & High Courts

Live Law  

As we step into 2022, LiveLaw brings to you a yearly Round-up of important cases pertaining to the controversial Unlawful Activities Act, 1967 from the Supreme Court, High Courts and trial courts across the country. Writ Jurisdiction Can Be Exercised To Grant Bail On Health Grounds Even When Bail Has Been Rejected On Merits Under UAPA : Bombay High Court …

India Justice Delhi Mumbai Supreme Court High Court Constitution
100 Significant Bombay High Court Judgments Of 2021 In Civil, Constitutional And Criminal Law
2 years, 11 months ago

100 Significant Bombay High Court Judgments Of 2021 In Civil, Constitutional And Criminal Law

Live Law  

As the year comes to an end Live Law brings to you a News Digest of 100 Significant Cases from the Bombay High Court in Civil, Constitutional and Criminal Law 1. Pressing Breasts Without Disrobing Not "Sexual Assault" As Per POCSO Act But Offence Under Sec 354 IPC: Bombay High Court A single bench of Justice Pushpa Ganediwala held that …

Law India Home Justice Mumbai Goa Sexual Assault
The Basic Structure Doctrine: An Inventive Saviour Of Democracy
3 years, 2 months ago

The Basic Structure Doctrine: An Inventive Saviour Of Democracy

Live Law  

The "Basic Structure Doctrine" is one of the most potent tools of the Judiciary for the maintenance of checks and balances, and balance of power needed for the smooth functioning of the democracy. The court rejected the argument by holding that Art.368 provides the power of amending the constitution, including fundamental rights, and the term "Law" under Art, 13 covers …

Law India Structure Constitution Court Germany Indian
Liability Of Personal Guarantors Under IBC: A Legal Quandary
3 years, 3 months ago

Liability Of Personal Guarantors Under IBC: A Legal Quandary

Live Law  

Talking of the stature of a personal guarantor, the build might vary in the n number of cases, yet what would resonate to each of the descriptions and would make them stand in unison, with no second thoughts would be their 'plight'. In Alpha & Omega Diagnostics Ltd. v. Asset Reconstruction Company of India Ltd. & Ors, the NCLAT, while …

Personal Supreme Court Corporate Corporate Debtor Right Nclt Code
'Fundamental Rights Vs. Legislative Privileges' ; Reference Pending Before 7 Judge Bench Since 2005 Should Be Given Some Priority, Says Supreme Court
3 years, 5 months ago

'Fundamental Rights Vs. Legislative Privileges' ; Reference Pending Before 7 Judge Bench Since 2005 Should Be Given Some Priority, Says Supreme Court

Live Law  

The Supreme Court, in its judgment delivered on Thursday, observed that the reference which raises the issue of interplay of fundamental rights and parliamentary privileges, pending before 7-judge bench since 2005 needs to be given some priority.The larger issue of privileges vis-a-vis the right of free speech, silence, and privacy in the context of Part III of. The Supreme Court, …

Art Supreme Court Assembly Constitution Court Fundamental Rights Free Speech
Award Of Lok Adalat Cannot Be Considered As An Award Of The Court Made Under Part III Of Land Acquisition Act: Bombay High Court
3 years, 5 months ago

Award Of Lok Adalat Cannot Be Considered As An Award Of The Court Made Under Part III Of Land Acquisition Act: Bombay High Court

Live Law  

The Bombay High Court has held that an award of the Lok Adalat, being an executable decree binding between the parties, cannot be considered as an award of the Court under Part III of the Land Acquisition Act for the purposes of sec. Furthermore, it said: "We are, thus, of the view that the award of the Lok Adalat, through …

High Court Court Bombay High Court Land Acquisition Act Land Acquisition Reference
50 Interesting Facts In And Around Kesavananda Bharti Case
3 years, 5 months ago

50 Interesting Facts In And Around Kesavananda Bharti Case

Live Law  

His Holiness Kesavananda Bharti Sripadagalvaru & Ors Vs. State of Kerala & Ors, is an event in the history of the Supreme Court which is stranger than fiction. The majority Judgement by 7 judges of the 13 Judge bench overruled the 11 judge bench decision in the matter of L C Golaknath Vs. State of Punjab, upheld the validity of …

Government India Justice Kerala Democracy Supreme Court Judgment