Articles for Section 4 Of

Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act
2 weeks, 6 days ago

Madhya Pradesh High Court Aids Interfaith Couple, Says There's No Bar On Muslim Boy Marrying Hindu Girl U/S 4 Of Special Marriage Act

Live Law  

Coming to the aid of an interfaith couple, the Jabalpur Bench of Madhya Pradesh High Court directed the state to facilitate the marriage of a Hindu girl and a Muslim boy before the marriage officer. In doing so, the court said that there is no prohibition to inter-faith marriage under Section 4 of the Special Marriage Act, 1954. However, the …

Marriage Court Judge Hindu Muslim Act Bench
20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court
1 month, 2 weeks ago

20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court

Live Law  

The Gauhati High Court at Aizwal recently set aside the judgment and sentence order passed by a Trial Court under Section 4 of the POCSO Act, on the ground the charge was framed without specifying the charge to be under 4 or 4 of the POCSO Act and the Trial Court did not put any preliminary questions to the victim …

Trial Victim Trial Court Charge Child Order Act
Arbitration Weekly Roundup: July 08 - July 14, 2024
5 months, 3 weeks ago

Arbitration Weekly Roundup: July 08 - July 14, 2024

Live Law  

Supreme Court Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani Citation : 2024 LiveLaw 445 Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday called upon the Bar to urge only the …

Justice Delhi Supreme Court High Court Arbitration Railways Court
S. 4 Limitation Act Can't Be Invoked Using 30-Day Extension For Arbitration Appeals Filed Beyond 3-Months From Award: Supreme Court
5 months, 4 weeks ago

S. 4 Limitation Act Can't Be Invoked Using 30-Day Extension For Arbitration Appeals Filed Beyond 3-Months From Award: Supreme Court

Live Law  

The Supreme Court reiterated that if an arbitral award is challenged beyond the three-month limitation, the benefit of section 4 of the Limitation Act will not be available. The Court held that the 30-day extension period mentioned in the proviso to Section 34 of the Arbitration and Conciliation Act 1996 cannot be included in the "prescribed period" in Section 4 …

Supreme Court Arbitration Court West Bengal Limitation Act State Three Months
Can Voters Approach SEC Seeking Disqualification Of Elected Members U/S 4 Of Local Authorities (Prohibition Of Defection) Act: Kerala HC To Consider
6 months, 1 week ago

Can Voters Approach SEC Seeking Disqualification Of Elected Members U/S 4 Of Local Authorities (Prohibition Of Defection) Act: Kerala HC To Consider

Live Law  

A plea has been moved before the Kerala High Court challenging Section 4 of the Kerala Local Authorities Act, 1999 to the extent to which it excludes voters from filing petitions before the State Election Commission for disqualification of an elected member on the grounds of defection. The State Election Commission stated that a petition for disqualification can only be …

Local Local Authorities Disqualification Election Defection State Voters
Personal Disputes Not Covered Under Abuse Of Dominance, CCI Dismisses Complaint Against New Okhla Industrial Development Authority
10 months ago

Personal Disputes Not Covered Under Abuse Of Dominance, CCI Dismisses Complaint Against New Okhla Industrial Development Authority

Live Law  

The Competition Commission of India bench comprising Ms Ravneet Kaur, Mr Anil Agrawal and Ms Sweta Kakkad dismissed an Information submitted against New Okhla Industrial Development Authority alleging abuse of dominance in the relevant market of sales/auctions or allotting residential plots. Brief Facts: Vivek Gupta alleged that the New Okhla Industrial Development Authority holds exclusive authority for the allocation and …

Competition Noida Act Plot Cci Dominant Position Informant
'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction
1 year ago

'Testimony Of Victim Does Not Inspire Confidence & Remains Uncorroborated': Gauhati High Court Sets Aside POCSO Conviction

Live Law  

The Gauhati High Court recently set aside the conviction of a man under Section 4 of the POCSO Act passed by the Trial Court, by giving him the benefit of the doubt on the ground that the testimony of the victim girl remained uncorroborated. The single-judge bench of Justice Mridul Kumar Kalita observed: “……considering the fact that the testimony of …

Trial Court Criminal Procedure Victim Statement Fir Girl
'Ensure Public Authorities Follow Mandate Of Section 4 RTI Act' : Supreme Court Directs Central/State Information Commissioners
1 year, 4 months ago

'Ensure Public Authorities Follow Mandate Of Section 4 RTI Act' : Supreme Court Directs Central/State Information Commissioners

Live Law  

The Supreme Court directed the Central Information Commission and the State Information Commissions to ensure proper implementation of the mandate of Section 4 of the Right to Information Act. "While declaring that all citizens shall have the ‘right to information’ under Section 3 of the Act, the co-relative ‘duty’ in the form of obligation of public authorities is recognized in …

Supreme Court Court Duty Public Authorities Right State Central
No Abuse Of Dominance: CCI Dismisses Complaint Against Hero Fincorp, Citing No Contravention Of Section 4 Of The Competition Act
1 year, 4 months ago

No Abuse Of Dominance: CCI Dismisses Complaint Against Hero Fincorp, Citing No Contravention Of Section 4 Of The Competition Act

Live Law  

The Competition Commission of India presided by Ms. Ravneet Kaur, Ms. Sangeeta Verma, and Mr. Bhagwant Singh Bishnoi closed the complaint filed by Synco Industries Limited against Hero FinCorp Ltd. alleging contravention of the provision of section 4 of the Competition Act, 2002. The loan had a floating interest rate linked to Hero FinCorp Prime Lending Rate, set at 12.00% …

India Market Property Loans Loan Interest Hero
Right Of Forest Inhabitants For Claims Against Eviction To Be Heard By Forest Officer Not Limited To Recogonized Forest Communities : Supreme Court
1 year, 6 months ago

Right Of Forest Inhabitants For Claims Against Eviction To Be Heard By Forest Officer Not Limited To Recogonized Forest Communities : Supreme Court

Live Law  

The Supreme Court observed that the right of forest inhabitants for claims to be heard by Forest Officer is not limited only to certain recognized forest communities. In Banwasi Sewa Ashram case, certain Adivasi communities inhabiting the situate land were being evicted from their homes on grounds of the said land being subject to a Section 4 notification under the …

Supreme Court Writ Jurisdiction Evidence Court Uttar Pradesh Land Claims
Entire 30 Days Extended Period Under Section 34(3) Of The A&C Act Coincided With Court Vacations, Calcutta High Court Invokes Power Under Article 133(1)(A) R/W Article 134A Of The Constitution
1 year, 8 months ago

Entire 30 Days Extended Period Under Section 34(3) Of The A&C Act Coincided With Court Vacations, Calcutta High Court Invokes Power Under Article 133(1)(A) R/W Article 134A Of The Constitution

Live Law  

The High Court of Calcutta has invoked its powers under Article 133 r/w Article 134A of the Constitution to allow the aggrieved party to directly appeal against its judgment to the Supreme Court on the ground that the case involves a substantial question of law of general importance. The bench of Justice Shekhar B. Saraf was dealing with a peculiar …

Court Grace Limitation Three Months Period Act Filed
Arbitration | Section 34 Application Must Be Filed Within 90 Days Limitation To Claim Exclusion Of Period When Court Remain Closed : Supreme Court
1 year, 8 months ago

Arbitration | Section 34 Application Must Be Filed Within 90 Days Limitation To Claim Exclusion Of Period When Court Remain Closed : Supreme Court

Live Law  

The Supreme Court has held that an application under Section 34 of Arbitration and Conciliation Act, 1996 must be filed within “prescribed period” of limitation i.e. SUPREME COURT VERDICT Exclusion of period during which the Court was closed from computation of limitation only available when application for setting aside award is filed within “prescribed period” of limitation The Bench placed …

Supreme Court Arbitration Court Application Limitation Act Limitation Period
Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court
1 year, 11 months ago

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has held that Maintenance Tribunal possesses power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to order eviction of children from the houses of their parents. While rejecting arguments advanced to the contrary, the Single Judge Bench of Justice Deepak Kumar Tiwari said, “…this Court does not find any error in the …

Parents Court Maintenance Eviction Order Tribunal House
[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court
1 year, 11 months ago

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court

Live Law  

The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences, Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to …

Karnataka Trial Court Judge Ipc Seven Years Act
RBI Has No Independent Power To Accept Demonetised Notes Beyond Period Specified In Centre's Notification : Supreme Court
2 years ago

RBI Has No Independent Power To Accept Demonetised Notes Beyond Period Specified In Centre's Notification : Supreme Court

Live Law  

A 5-judge Constitution Bench of the Supreme Court held by 4:1 majority that the Reserve Bank of India does not possess independent power to accept the demonetized notes beyond the period specified under notifications issued by the Central Government under Specified Bank Notes Act, 2017.The majority comprising Justices S Abdul Nazeer, BR Gavai, AS Bopanna and. A 5-judge Constitution Bench …

India Supreme Court Court Independent Bank Power Period
Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court
2 years, 6 months ago

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court

Live Law  

The Madras High Court recently observed that a person who purchases a piece of land after the issuance of notification for its acquisition by the government under Section 4 of the Land Acquisition Act 1894, has no right to challenge the acquisition proceedings. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala dismissed the appeals filed by …

Court Land Acquisition Land Acquisition Act Land Acquisition Proceedings Act
Undertaking As Contemplated U/S 4 Of Partition Act Must Be Unconditional: Allahabad High Court
2 years, 10 months ago

Undertaking As Contemplated U/S 4 Of Partition Act Must Be Unconditional: Allahabad High Court

Live Law  

The Allahabad High Court, sitting in Lucknow, recently held that a member of an undivided family being a shareholder of the family's dwelling-house is entitled to exercise his rights under Section 4 of the Partition Act only if the undertaking is unconditional. Section 4 of the Partition Act provides that where a share of a dwelling-house belonging to an undivided …

Family Court Partition Share House Act Valuation
2016 Mysuru Court blast case: NIA Special Court sentences 3 convicted Al-Qaeda terrorists
3 years, 2 months ago

2016 Mysuru Court blast case: NIA Special Court sentences 3 convicted Al-Qaeda terrorists

India TV News  

A special NIA court in Bengaluru on Monday sentenced three convicted Al-Qaeda-linked terrorists in connection with the 2016 Mysuru Court blast case. The special NIA court sentenced the three convicted terrorists under the following sections of law: Nainar Abbas Ali to undergo rigorous imprisonment for seven years, simple imprisonment of three years and shall also be liable to pay a …

Court Ipc Act Mysuru Nia Simple Imprisonment 120 B
Gandhi's Dream That Women Feel Safe To Walk At Midnight Is Falling Short Of Reality: Orissa HC Upholds Man's Conviction Under POCSO
3 years, 4 months ago

Gandhi's Dream That Women Feel Safe To Walk At Midnight Is Falling Short Of Reality: Orissa HC Upholds Man's Conviction Under POCSO

Live Law  

Upholding the conviction of a man under POCSO for sexually assaulting a 13-year-old minor girl, the Orissa High Court recently observed that Mohandas Karamchand Gandhi's dream that women feel safe to walk in the streets of India in the midnight is "falling short of reality". The Bench of Justice S. K. Sahoo specifically observed thus: "The father of nation Mohandas …

Evidence Court Indian Conviction Victim Gandhi Act
Bar Council Of India Not An 'Enterprise': Competition Commission Dismisses Complaint Alleging Abuse Of Dominance By BCI
3 years, 11 months ago

Bar Council Of India Not An 'Enterprise': Competition Commission Dismisses Complaint Alleging Abuse Of Dominance By BCI

Live Law  

The complaint was filed by Mr. Thupili Raveendra Babu, a 52-year-old executive engineer in the Central Public Works Department, who wished to pursue legal education post his retirement. The allegations were that the Bar Council enjoys a dominant position in controlling the legal education and practice in India and it has abused such position in contravention of Section 4 of …

India Legal Bar Council Legal Education Competition Act Enterprise Commission
COVID19 : Karnataka High Court Extends Interim Orders Till February 8 For Last Time
3 years, 11 months ago

COVID19 : Karnataka High Court Extends Interim Orders Till February 8 For Last Time

Live Law  

The Karnataka High Court has for the last time extended the interim orders passed by the High Court, all the District Courts, Civil Courts, Family Courts, Labour Courts, Industrial Tribunals and all other Tribunals in the State, as well as the order of closure under Section 4 of the Limitation Act, 1963, till February 8. The bench observed that "Considering …

Karnataka Family Courts Court Orders Tribunals Courts State
Disciplinary Action After Superannuation
4 years, 1 month ago

Disciplinary Action After Superannuation

Live Law  

Two issues were repetedly causing litigations before various courts including before the Supreme Court: For easy reference, the contents of the article are indexed as below., Ultimately, recently a Three Judges Bench while answering the questions has put to rest the controvercy. Gratuity was withheld in view of the pendency of the Disciplinary proceedings; C) Basic submissions of the Employee …

Disciplinary Proceedings Supreme Court Court Gratuity Pensionary Benefits Bank Case
Delhi Court Takes Cognizance Of Offences Under Prevention Of Money Laundering Act, Against Delhi Riots Accused Tahir Hussain [Read Order]
4 years, 2 months ago

Delhi Court Takes Cognizance Of Offences Under Prevention Of Money Laundering Act, Against Delhi Riots Accused Tahir Hussain [Read Order]

Live Law  

On Saturday Karkardooma Court took cognizance of the offence under Section 3 read with Section 70, punishable under Section 4 of PMLA, 2002 against Delhi Riots Accused and suspended Aam Aadmi Party councillor Tahir Hussain and one Amit Gupta. Thus, cognizance of the offence under Section 3 read with Section 70, punishable under Section 4 of PMLA, 2002 is taken …

Delhi Court Money Laundering Accused Hussain Section 3 Delhi Riots
Karnataka HC Extends All Interim Orders And The Period Of Closure Under S. 4 Of Limitation Act Till November 29 [Read Notices]
4 years, 3 months ago

Karnataka HC Extends All Interim Orders And The Period Of Closure Under S. 4 Of Limitation Act Till November 29 [Read Notices]

Live Law  

The Karnataka High Court has further extended the operation of all interim orders passed by it or the subordinate courts and Tribunals, that are due to expire within a span of one month, till November 29th 2020. The court has issued the following directions: All interim orders passed by the Karnataka High Court, all the District Courts, Civil Courts, Family …

Karnataka High Court Court Orders Tribunals Courts Limitation Act