Judgements Uploaded By Users In Category: Other Laws
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The Supreme Court has held that Subsequent change in law is not "sufficient cause" & cannot be a ground for condonation of delay. In Indore Development Authority v. Manoharlal (2020) 8 SCC 129, a 5-judge bench of the Supreme Court overruled its earlier judgements on the issue of land acquisition process initiated by Delhi government under the Land Acquisition Act, 1894.… Read More ...
The Supreme Court has held that Ignoring the law laid down by a binding precedent and taking a view totally contrary to the same itself would amount to a material error, manifest on the face of the order. Ignoring the judgment of the Constitution Bench would undermine its soundness (i) As already discussed herein above, except the cursory reference in paragraph… Read More ...
The Bombay High Court has held that Statement of persons summoned should necessarily be recorded during earthly hours. ED should issue a circular/directions, as to the timings, for recording of statements, when summons under Section 50 of the PMLA (i) A person summoned under Section 50 of the PMLA, should have his statement necessarily recorded during earthly hours, as the investigating agency… Read More ...
The Delhi High Court has held that Service by email and WhatsApp is sufficient (i) It is clear that the respondents have been duly served by email and WhatsApp. It may be noted that the email address and the mobile number of the respondents is mentioned in the Agreement itself. The affidavit of service affirmed by the authorised representative/legal counsel of the… Read More ...
The Bombay High Court has held that The issue before the Bombay High Court was whether an Arbitral Tribunal can implead parties who were non-signatories to the Arbitration Agreement, without such a power being expressly endowed upon it by the Referral Court at the time of reference of the disputes to arbitration. After noting the judgements of the Delhi High Court in… Read More ...
The Supreme Court has held that Exceptions when a petition under Article 226 of the Constitution could be entertained in spite of availability of an alternative remedy (1) The Supreme Court has clearly held that the High Court will ordinarily not entertain a petition under Article 226 of the Constitution if an effective remedy is available to the aggrieved person. It… Read More ...
The Supreme Court has held that Condonation of delay On a harmonious consideration of the provisions of the limitation law and the law laid down by the Supreme Court, it is evident that: (i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself;… Read More ...
The Supreme Court has held that (i) Once there was a registered partnership deed, there is no further document placed on record by the complainant-respondent No.1 regarding dissolution of the said registered deed which continued till the time when the investment was made by the complainant respondent No.1 on 21.05.2002 and hence the complainant respondent No.1 would be deemed to be… Read More ...
The Supreme Court has held that (i) It hardly matters whether a litigant is a private party or a State or Union of India when it comes to condoning the gross delay of more than 12 years. If the litigant chooses to approach the court long after the lapse of the time prescribed under the relevant provisions of the law, then… Read More ...
The Supreme Court has held that S. 14(2) of the Limitation Act: Time spent bonafidely and diligently and in good faith before the wrong forum is bound to be excluded when computing limitation before the Court having competent jurisdiction Section 14(2) of the Limitation Act carves out an exception excluding the period of limitation when the proceedings are being pursued with… Read More ...