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SC holds that pure question of Law can be raised for the first time in SLP

August 5, 2021 34950 Views 0 comment Print

Shri Saurav Jain & Anr Vs A. B. P. Design & Anr (Supreme Court of India) Whenever a new question of law is raised before the Apex Court, it is fiercely contested that there is a bar for raising a new question of law for the first time as the High Court has not dealt […]

HC deprecates practice of lawyers to abstain from work in Courts

August 3, 2021 1086 Views 0 comment Print

Prafull Kumar Vs State of U.P (Allahabad High Court) It is common knowledge that there is mounting pendency in the Courts. The Judiciary blames the Bar for their disinclination to wrap up the cases by seeking regular adjournments and filing frivolous applications to stall the process of law. The Judiciary is also concerned with the […]

Apex Court explains Seniority cum Merit Principle for Promotion

August 3, 2021 11799 Views 0 comment Print

Tek Chand & Others vs Bhakra Beas Management Board (B.B.M.S.) and others (Supreme Court) It is common knowledge that a number of litigations arise in matters of promotion in government/semi-government services. The Central Government, the various State Government and their various independent functionalities have their own regulations for promotion. One such matter came up before […]

Rampant Corruption- SC takes a strict view & orders Termination of a Judicial Officer

August 2, 2021 1650 Views 0 comment Print

Rajinder Goel Vs High Court Of Punjab And Haryana & Anr. (Supreme Court of India) It cannot be denied that there is rampant corruption in all the three pillars of our Constitution. No wonder India is ranked very high in World Corruption Perception Index. However, the number of cases of corruption which are booked under […]

Courts should avoid making observations against counsels in their judgements

August 2, 2021 1935 Views 0 comment Print

Neeraj Garg Vs Sarita Rani and ors. (Supreme Court of India) The Courts while deciding  cases pass certain comments/observations against the counsels which are actually not required for the disposal of the case. The Apex Court in a recent judgement in Civil Appeal  Nos. 4555 ­ & 4559 of 2021 decided on August 2, 2021 in […]

E-assessment Personal hearing & Principles of Natural Justice

August 1, 2021 3483 Views 2 comments Print

Civitech Developers Private Limited Vs National E-Assessment Centre (Delhi High Court) Personal hearing, if prayed, should be allowed else E-assessment order vitiates for non compliance of statutory provisions & Principles of Natural Justice The scheme of faceless E- Assessment provides for personal hearing in certain circumstances. In case where the request for personal video link […]

Advocate does not have a lien for his fees on litigation files of client

July 30, 2021 27438 Views 0 comment Print

Understanding the rights of clients and advocates in relation to litigation files. Learn about the issue of an advocate’s lien for fees in this informative blog post.

Third Party Insurance Deemed to be Transferred Along With Effective Control Over Vehicle in a Hire Agreement

July 27, 2021 1023 Views 0 comment Print

Understanding the transfer of third-party insurance in a vehicle hire agreement. Learn about a recent court case and the liabilities of insurance companies.

Second-hand flat buyers have Rights similar to Original Allottees: SC

July 22, 2021 6384 Views 3 comments Print

Laureate Buildwell Pvt. Ltd. Vs Charanjeet Singh (Supreme Court of India) Larger Bench of SC declares that HUDA v. Raje Ram 2008 (17) SCC 407 and Wing Commander Arifur Rahman Khan and Anr. v. DLF Southern Homes Pvt. Ltd. 2020 SCC Online 667 (SC) are not good law- Purchaser of flat entitled to interest on […]

Lethargy of Government department in filing Appeals/SLP not acceptable

July 19, 2021 2292 Views 1 comment Print

Lethargy on part of the Government department in filing Appeals/SLP not acceptable after usage of IT & computerization- SC admonishes  & deprecates the Public Authorities for casual approach. The Apex Court has been consistently warning Government & it’s Departments for their casual approach in delayed filing of Appeals/SLPs in the higher Courts without any reasonable […]

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