SC held that The period of limitation shall be governed by the Act and not by Section 44A of the CPC, since the latter provides only for the procedure to be followed for executing a foreign decree
SC held that In Case Of Specific Risks, such as those arising from loss due to fire etc. , the Insured Cannot profit and take advantage by double Insurance.
Since there are many ambiguity in definition of various social welfare laws in India. They have not clearly defined the Workmen and each laws define Workmen differently. The Apex Court of India in above case define ( what constitutes as a workman and as to what differentiates contract of service from contract for service).
Shri M.L. Patil (Dead) Through LRs Vs The State of Goa and Anr. (Supreme Court of India) High Court has held that action of the State Government in requiring the original petitioners to retire at the age of 58 years or not permitting them to continue in their service upto the age of 60 years […]
The applications u/s. 11(5) and 11(6) of the Arbitration Act for appointment of arbitrators are kept pending for a number of years, it would defeat the object and purpose of the enactment of the Arbitration and Conciliation Act as well as the Commercial Courts Act.
State of Maharashtra Vs Shri Vile Parle Kelvani Mandal (Supreme Court) Supreme Court held that charitable education institutions registered under the provisions of the Societies Registration Act and/or under the Maharashtra Public Trusts Act, are not entitled to any exemption from levy/payment of the electricity duty on or after 08.08.2016 i.e. from the date on […]
Offence u/s 63 of the Copyright Act provides punishment of imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. Accordingly, Part II of the First Schedule of the Cr.P.C., if the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence.
Charanjeet Singh Chanderpal Vs Vasant D. Salunkhe & Ors. (Supreme Court of India) SC held that Mere issuance of the Circular and/or sending the intimation is not enough. The Bar Council of India is required to see that the directions issued by this Court are truly and fully complied with by the Bar Council of […]
Nazma Naz Vs Rukhsana Bano (Supreme Court of India) Having heard learned counsel for the petitioners and learned counsel for the State, and having perused the material placed on record, we are clearly of the view that the impugned order dated 19.12.2018 as passed by the High Court, transferring the proceedings in Sessions Trial No. […]
It is a settled position of law that in case of a conflict between public interest and personal interest, public interest will outweigh the personal interest.