PREVENTIVE DETENTION A HARSH MEASURE, PERMISSIBLE ONLY WHEN ‘PUBLIC ORDER’ DISTURBED: SUPREME COURT

In the case, Arjun s/o Ratan Gaikwad vs the state of Maharashtra and Ors, the Supreme Court observed that preventive detention is a harsh action, which cannot be invoked against every slight breach of peace. Instead, the power can be invoked only when the proposed detainee’s action tends to disrupt

Continue ReadingPREVENTIVE DETENTION A HARSH MEASURE, PERMISSIBLE ONLY WHEN ‘PUBLIC ORDER’ DISTURBED: SUPREME COURT

SECTION 14 LIMITATION ACT APPLICABLE TO PROCEEDINGS UNDER ARBITRATION & CONCILIATION ACT: SUPREME COURT

The Supreme Court, in the case of Kirpal Singh vs Government Of India, has addressed the issue of the applicability of section 14 of the Limitation Act, 1963 to the proceedings of arbitration. In this case, the appellant had incorrectly filed an appeal against the arbitral award before the High Court….

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“UNDERSTANDING THE IMPACT OF A GOODS AND SERVICE TAX HIKE ON AERATED DRINKS AND TOBACCO”

Goods and Services Tax (“GST”) is a tax system in India that replaced many indirect taxes such as Value Added Tax, excise tax and service tax Introduced in India on 1 July 2017 to make the tax process simpler and more efficient, GST applies to sales of goods and services and will be collected at every step of

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THE COURT MUST HAVE JURISDICTION OVER THE PROPERTY IN A SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL: SUPREME COURT

The Supreme court in the case of Rohit Kochhar vs. Vipul Infrastructure Developers Ltd. & Ors., upheld the decision of a division bench of the Delhi High Court that a suit for specific performance of an agreement to sell should be filed only in a court within whose…

Continue ReadingTHE COURT MUST HAVE JURISDICTION OVER THE PROPERTY IN A SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO SELL: SUPREME COURT

INTERLOCUTORY ORDER PASSED BY TRIAL COURT CAN’T BE VACATED BY APPELLATE COURT UNLESS SHOWN TO BE PERVERSE, ARBITRARY: SUPREME COURT

The Case of Ramakant Ambalal Choksi vs Harish Ambalal Choksi & Others emphasize the difficulties in overseeing financial agreements in a family firm. In this case, brothers argue over unfair approach to business funds and claimed breaking of family agreement

Continue ReadingINTERLOCUTORY ORDER PASSED BY TRIAL COURT CAN’T BE VACATED BY APPELLATE COURT UNLESS SHOWN TO BE PERVERSE, ARBITRARY: SUPREME COURT

COLLECTING FUNDS FOR FUTURE ILLEGAL ACTS DOES NOT AMOUNT TO MONEY LAUNDERING: DELHI HIGH COURT

In the case of Parvez Ahmed vs Directorate of Enforcement, the Enforcement Case Information Report (“ECIR”) dated 21.09.2022 is based on an National investment agency (“NIA”) First information report (“FIR”) alleging that the Popular Front of India (“PFI”) and its members

Continue ReadingCOLLECTING FUNDS FOR FUTURE ILLEGAL ACTS DOES NOT AMOUNT TO MONEY LAUNDERING: DELHI HIGH COURT

NO NECESSITY TO CALL UPON ACCUSED TO FILE COUNTER IN EXTENSION APPLICATION, PRESENCE ONLY NEEDED TO CONSIDER OBJECTIONS: MADRAS HIGH COURT

In case between Mohamed Asaruthin vs State of Tamil Nadu, the case revolves around the rejection of statutory bail applications by accused individuals, who argued that their right to bail accrued upon the expiration of the statutory period, despite the prosecution’s timely filing of extension applications

Continue ReadingNO NECESSITY TO CALL UPON ACCUSED TO FILE COUNTER IN EXTENSION APPLICATION, PRESENCE ONLY NEEDED TO CONSIDER OBJECTIONS: MADRAS HIGH COURT

ONCE THE TRIAL BEGINS, BAIL SHOULDN’T BE GRANTED ROUTINELY FOR SERIOUS CRIMES LIKE RAPE AND MURDER: SUPREME COURT

In the case between X Versus State of Rajasthan, the case involved an appeal filed by a rape victim challenging the High Court’s order granting bail to the accused based on alleged discrepancies in the victim’s FIR and Section 164 of the code of criminal procedure (“CrPC”) statement…

Continue ReadingONCE THE TRIAL BEGINS, BAIL SHOULDN’T BE GRANTED ROUTINELY FOR SERIOUS CRIMES LIKE RAPE AND MURDER: SUPREME COURT