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Supreme Court of India

Do Children Of Invalid Marriages Have Right In Their Parents’ Share In Hindu Joint Family Property

September 6, 2023 1191 Views 0 comment Print

SC settled the issue as to whether a child, born from a invalid marriage under Hindu Marriage Act, is entitled to ancestral/coparcenary property or only to the self-earned/separate property of parents

Evidence Act: Section 65B(4) certificate is unnecessary if original document is produced: SC

September 4, 2023 6204 Views 0 comment Print

Required certificate under Section 65B(4) of of Evidence Act is unnecessary if original document itself is produced. This can be done by owner of a laptop computer, computer tablet or even a mobile phone, by stepping into witness box and proving that concerned device, on which original information is first stored, is owned and/or operated by him.

Notice issued to Revenue Department challenging arrest & summoning powers of GST officials

September 2, 2023 7158 Views 0 comment Print

SC in Gagandeep Singh v. Union of India & Ors. admitted Writ and issued notice to Revenue Department, challenging GST provisions pertaining to power to arrest and power to summon.

EPF Act’s ‘Basic Wage’ Differs from Minimum Wages Act: SC

August 31, 2023 3480 Views 0 comment Print

Supreme Court of India addresses the differentiation between ‘basic wage’ as defined by EPF Act and ‘minimum wage’ under Minimum Wages Act.

Order dismissing appeal cannot be read as precedent & applied to cases in hand

August 31, 2023 564 Views 0 comment Print

In present facts of the case, the matter was remanded and it was observed that the order of this Court dismissing the appeal cannot be read as a precedent and applied to the cases in hand. In fact, precedents cannot decide questions of fact.

Transaction cannot be a mortgage, unless the condition embodied effects or purports to effect the sale

August 31, 2023 981 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court observed that when in a Conveyance deed the arrangement of re-purchase was provided then the said agreement cannot be treated as a Mortgage Agreement unless the condition is embodied in the document which effects or purports to effect the sale.

Compensation under Land Acquisition Act cannot be altered if all relevant factors complied with

August 29, 2023 3231 Views 0 comment Print

In present facts of the case, the Hon’ble Supreme Court dismissed the appeal and upheld the Judgment of High Court, wherein adequate compensation was provided on Land Acquisition while considering the relevant factors such as determining the deduction for development charges, the nature of land, area under acquisition, whether the land is developed or not, if developed to what extent, and the purpose of acquisition.

Application under CPC Order IX Rule 13 maintainable if defendant hasn’t provided evidence

August 28, 2023 38094 Views 0 comment Print

In present facts of the case, it was observed that an application under Order IX Rule 13 of Civil Procedure Code for setting aside exparte decree would be maintainable as evidence of the defendants was not even started and the defendants’ counsel had not even cross-examined the plaintiff’s evidence.

Directions issued to Central & State Commissions for effectuating Section 4 of RTI Act

August 26, 2023 306 Views 0 comment Print

In present facts of the case, the Honble Supreme Court have given directions to the Central Information Commission and the State Information Commissions to ensure proper implementation of the mandate of Section 4 of the RTI Act,

Enforcement of Award cannot be questioned when the Order has attained finality

August 26, 2023 468 Views 0 comment Print

In present facts of the case, the Honble High Court while dismissing the Petition have observed that the order passed in Appeal which has not been challenged by the Petitioner would attain finality, and therefore no fault can be found with the learned Tribunal seeking to enforce the Award in accordance with the law.

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