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LEGAL UPDATES

Sr. No Court Subject View
60 Supreme Court Section 12(5) read with the Seventh Schedule of the Arbitration & Conciliation Act is a mandatory and non derogable provision Clilck Here
59 Gujarat High Court Without a certificate under Section 65B of the Indian Evidence Act a whatsapp message would be of no evidentiary value Clilck Here
58 Delhi High Court Whenever information is sought under the RTI Act, disclosure of an interest in the information sought would be necessary to establish the bonafides of the applicant Clilck Here
57 Punjab & Haryana High Court Termination of service of an employee for misconduct, even if on a fixed term, would require a domestic enquiry Clilck Here
56 Calcutta High Court Complaint of sexual harassment by a woman against another woman is maintainable under the POSH Act 2013 Clilck Here
55 Supreme Court The civil aspect of fraud can be adjudicated by an arbitral tribunal Clilck Here
54 Supreme Court Incorporation of one-sided and unreasonable clauses in the Apartment Buyer‘s Agreement constitutes an unfair trade practice under Section 2(1)(r) of the Consumer Protection Act Clilck Here
53 Karnataka High Court Directors, Officers of an Intermediary would not be liable for any acts of a Vendor using the Intermediaries platform as a market place Clilck Here
52 Karnataka High Court In E-commerce transactions the jurisdiction to try offences will lie with a Court where the accused has its Head Office, Branch Office or other offices Clilck Here
51 Bombay High Court Demanding outstanding loan amount from the deceased, which was a part of duty being employee of the Finance Company, cannot be termed as abetment to suicide Clilck Here
50 Supreme Court A petition under Article 226/227 against an order under Sec 16(2) of an Arbitrator can be entertained only in exceptional cases Clilck Here
49 Supreme Court An acceptance of contract with a variation or a condition is not a concluded contract Clilck Here
48 Supreme Court Penal Rent for overstaying in quarters can be adjusted against the dues payable including gratuity Clilck Here
47 Metropolitan Magistrates Court Employer convicted by Criminal Court for failure to Constitute an Internal Committee under sub­section (l) of section 4 of the POSH Act 2013 Clilck Here
46 CESTAT Penalty amount, Forfeiture of earnest money deposit and liquidated damages does not attract Service Tax Clilck Here
45 Bombay High Court A resolution plan approved by the committee of creditors and further approved (or sanctioned) by the adjudicating authority, under the IBC would be binding on all creditors including the Central Government, any State Government or any local authority to whom statutory dues are owed Clilck Here
44 Delhi High Court If a case of sexual harassment is not made out, the ICC can only conclude that no action is required to be taken - `Moral Policing’ is not the job of the Management or of the ICC Clilck Here
43 Bombay High Court Protective interim orders passed in Suo Motu Writ Petition shall continue till 31st January, 2021 and not beyond Clilck Here
42 Supreme Court Pandemic has spread like wildfire - Stern action should be taken against anyone violating Guidelines & SOPs Clilck Here
41 Madras High Court Decision of the Hon'ble Supreme Court of India in Surya Roshni Ltd. -vs- Employees Provident Fund has retrospective effect Clilck Here
40 Supreme Court Disputes which are to be adjudicated by the DRT under the DRT Act are non-arbitrable Clilck Here
39 Supreme Court Landlord-Tenant disputes under the Transfer of Property Act are arbitrable but those under the Rent Control Act are not arbitrable Clilck Here
38 Supreme Court Allegations of fraud can be made a subject matter of arbitration when they relate to a civil dispute Clilck Here
37 Madras High Court A lawyer has no implied authority to make an admission or statement which would directly surrender or conclude the substantial legal rights of the client unless such admission helps achieve the purpose for which the lawyer was employed Clilck Here
36 Kerala High Court The very concept of sexual harassment in a workplace against a woman should start from an express or implied sexual advance, sexual undertone or unwelcome behaviour which has a sexual tone behind it without which provisions of Act 2013 will not apply Clilck Here
35 Bombay High Court The whole objective of digitization is to convenience the tax payers and not to harass them Clilck Here
34 Supreme Court The dismissal of special leave petition is of no consequence on the question of law Clilck Here
33 Supreme Court The provisions of the EPF Act are applicable to a private security agency engaged in the expert service of providing personnel to its client Clilck Here
32 Supreme Court In the absence of the Company being made a party a Nominated Officer cannot be convicted - Supreme Court Clilck Here
31 Supreme Court The generation of a business friendly climate for investment and trade is conditioned by the faith which can be reposed in government to fulfil the expectations which it generates   Clilck Here
30 Supreme Court It is well settled that the High Court must not act as an appellate authority, and reappreciate the evidence led before the enquiry officer Clilck Here
29 Supreme Court Proceedings under Section 34 of the Arbitration and Conciliation Act are not maintainable to challenge a foreign award Clilck Here
28
Supreme Court
Quashing of a complaint should rather be an exception and a rarity than an ordinary rule
27 Bombay High Court The Court cannot force a party to the proceedings to compulsory take recourse to alternative dispute redressal mechanism Clilck Here
26 Supreme Court Any creditor of a company can seek transfer of winding up proceedings pending before a High court to a NCLT  Clilck Here
25 Supreme Court High Court is not obliged to frame substantial question of law, in case, it finds no error in the findings recorded by the First Appellate Court  Clilck Here
24 Supreme Court It is asettled legal principle that a document is presumed to be genuine if the same is registered Clilck Here
23 Supreme Court Bombay High Court rejects challenge to the decision of Union of India of in-principle disinvestment of its shareholding in Bharat Petroleum Corporation Ltd under a strategic disinvestment policy Clilck Here
22 Supreme Court There is no requirement for the Magistrate exercising power under Section 14 SARFAESI Act to seek permission from the Company Judge before directing handing over of possession of a property - Supreme Court Clilck Here
21 Supreme Court An order of blacklisting beyond 3 years or maximum of 5 years was disproportionate Clilck Here
20 Supreme Court No amount of Evidence can be looked into in absence of pleadings Clilck Here
19 Supreme Court A retired employee can prosecute his case at the place where he belonged to and was getting pension Clilck Here
18 Delhi Court The liability of the principal borrower and the Guarantor remain co-extensive and the Bank is well entitled to initiate proceedings against the Guarantor under the SARFESI Act during the continuation of the Insolvency Resolution Process against the Principal Borrower Clilck Here
17 Bombay High Court Bombay High Court extends all interim orders till 22nd December 2020 Clilck Here
16 Supreme Court The verdict of a criminal trial does not conclude disciplinary proceedings Clilck Here
15 Supreme Court  A proposer who seeks to obtain a policy of life insurance is duty bound to disclose all material facts and specific disclosure of pre-existing ailments Clilck Here
14 Supreme Court Stay granted by any court including the High Court automatically expires within a period of six months unless extension is granted for good reason Clilck Here
13 Madras High Court Expenditure incurred by the assessee on lease premises towards civil works, furniture, is a not a capital expenditure Clilck Here
12 Madras High Court Experience certificates issued to contract labour by an officer not competent to do so cannot be relied as evidence Clilck Here
11 Supreme Court Once a suit for specific performance has been filed, any delay as a result of the court process cannot be put against the plaintiff as a matter of law in decreeing specific performance Clilck Here
10 Supreme Court Mere inclusion of candidate in a selection list does not confer upon them a vested right to appointment  Clilck Here
9 Bombay High Court Complaint registered under similar crime cannot be considered to prove that a prima facie crime is committed and while registering an FIR it would depend on nature of allegation, material available on record and based on it the necessary inference to be drawn   Clilck Here
8 Bombay High Court In IPR matters where a plaintiff has had enough notice and yet chooses to move at the eleventh hour the plaintiff must be prepared to face the consequences. Clilck Here
7 Madras High Court An advocate who acted professionally as per the instruction of his or her client cannot be made criminally liable for offence of defamation Clilck Here
6 Supreme Court The Financier continues to remain the owner of a vehicle, covered by a hire purchase agreement till all the hire installments are paid Clilck Here
5 Supreme Court Supreme Court quashes Gujarat Notification exempting factories from paying overtime during lock down Clilck Here
4 Supreme Court Territorial jurisdiction in a cheque bouncing case Clilck Here
3 Supreme Court No inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succor to a needy family Clilck Here
2 Supreme Court E-Gazette - Time of uploading would be relevant for enforcement Clilck Here
1 Supreme Court Supreme Court holds Employer liable, under Motor Vehicles Act, for permitting driver to drive with an expired license  Clilck Here

 

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