Finance judiciary-2

Hindu Marriage- Conditions for valid marriage

Ranjan Kumari Singh vs. Santosh Kumar Singh AIR 2010 Orissa 62

The case of the appellant was that she and respondent Santosh Kumar Singh were coworkers and were known to each other. They fell in love and ultimately the respondent proposed to marry the appellant. The appellant agreed to such proposal and on 21.03...

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Allahabad High Court Verdict in brief in Ayodhya Case

Allahabad High Court on Thursday ruled by a majority verdict that the disputed land in Ayodhya be divided equally into three parts among Hindus and Muslims and that the place where the makeshift temple of Lord Ram exists belongs to Hindus....

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Brief Summary of Allahabad High Court decision in Ayodhya Case

Bhagwan Sri Rama Viraj man & Ors. Vs. Sri Rajendra Singh & Ors. The instant suit was filed on behalf of the deities and Sri Ram Janm Bhumi through the next friend, praying that the defendants be restrained not to interfere in the construction of the temple of plaintiff nos. 1 and 2 on the ground that the deities are perpetual minors and a...

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Unless mala fides are writ large, delay should be condoned. Matters should be disposed of on merits and not technicalities : SC

Appellant would not have gained in any manner whatsoever, by not filing the appeal within the period of limitation – Generally as a normal rule, delay should be condoned: After all, justice can be done only when the matter is fought on merits and in accordance with law rather that to dispose it of on […]...

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SC says rational and sobber Criticism of judiciary in national interest

Hari Singh Nagra and others versus Kapil Sibal and others (Supreme Court)

The Supreme Court has taken a sagacious view of the criticism of judges while dismissing a contempt of court case against Union Minister Kapil Sibal. In fact, it encourages “fair and reasonable” criticism of judgments as judges are not “infallible”. What provoked the petition was a message the minister had written for a souvenir b...

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Tech-savvy Supreme Court directs service of Notice by E-Mail to avoid delay

CERC vs. National Hydroelectric Power Corp (Supreme Court)

In various Courts, the statistical data indicates that, on account of delay in process serving, arrears keep on mounting. In Delhi itself, the input indicates that fifty per cent of the arrears in Courts particularly in commercial cases is on account of delay in process serving....

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Non-Advocates cannot give legal opinions: HC

Lawyers Collective v. Bar Council of India (Bombay HIgh Court)

Foreign Law Firms are not eligible to open liaison offices or to practice law in India. Even giving an opinion on a legal matter amounts to “practise of law”. Non-Advocates cannot practise law. ...

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Supreme Court on Applicability of ESI Act, if not reviewed, can create havoc

Employees State Insurance Corporation Vs.Bhakra Beas Management Board and Anr. (Supreme Court)

It appears that the appellant had issued a notice under Section 45A of the Employees State Insurance Act, 1948 (hereinafter for short 'the Act') for making employer's contribution towards the employee’s state insurance. The respondent No. 1 Board challenged that notice before the Employees State Insurance Court, Delhi. It appears that n...

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Delhi High Court decision regarding applicability of service tax on rent

Home Solution Retail India Ltd Vs UOI & ORS (Delhi High Court)

The Delhi High Court held that the renting of immovable property is not a service, and accordingly, the levy of service tax on the activity of renting is “ultra vires.” The decision may have significant accounting implications on the entities. The judgment delivered by the Division Bench of the Delhi High Court...

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Practice as advocate not required for appointment as HC judge

Mahesh Chandra Gupta Vs. UOI (Supreme Court)

Shri. Satish Chandra, former ITAT Member, was appointed judge of the Allahabad High Court on 6.8.2008. The appointment was challenged on the ground that he had not practiced for even a day as an advocate and that he was not eligible for appointment under Article 217(2) and Article 217(1) of the Constitution. It was also alleged that the m...

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