Judgements Uploaded By Users In Category: Other Laws
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The Bombay High Court has held that Real Estate (Regulation and Development) Act, 2016 (RERA, Act) S. 43 : Real Estate Appellate Tribunal-Powers of Tribunal-Maharashtra Real Estate Regulatory Authority-Right to legal representation-A Hybrid system of hearing-Execution of orders-Delay in enforcement-Virtual-only hearings-Hybrid hearing not offered-Absence of mechanism for urgent listing and execution-Access to justice is an important of any courts / Tribunals exists,… Read More ...
The Bombay High Court has held that Companies Act, 2013. S. 2(62) : One person company–The separate legal personality and limited liability shield of an One Person Company (OPC) under Indian corporate law-The separate legal personality and limited liability shield of an OPC under Indian corporate law- Set aside the direction of the Arbitration Tribunal against Mr. Savan Prasad. [S. 3(1), Arbitration… Read More ...
The Supreme Court has held that Section 42 of the Partnership Act, 1932: In the case of a firm with more than two partners, if one of the partners dies or retires, there is change in the constitution of the firm but there is no dissolution (i) It is settled in law by virtue of Section 42 of the Partnership Act,… Read More ...
The Supreme Court has held that What is "manufacture"? Whether the process carried out by using soyabean as raw material and ending in the product crude degummed soyabean oil is manufacturing? (1) To constitute manufacture, the following are the essential features: i. There must be a process or series of process. ii. The original commodity or raw material undergoes a transformation… Read More ...
The Supreme Court has held that If a judgement is overruled, the overruling judgement operates retrospectively. Any transaction would then be covered by the law declared by the overruling decision. If the Court desires that the overruling judgement should operate prospectively, it must be expressly stated (i) A judicial decision acts retrospectively. It is not the function of the court to… Read More ...
The Supreme Court has held that Framework for distinguishing between works protected under the Copyright Act, 1957, and designs eligible for protection under the Designs Act, 2000 (i) The expression ‘artistic work’ under Section 2(c) of the Copyright Act has a very wide connotation and may also include abstract work(s) comprising a few lines or curves arbitrarily drawn, which could be… Read More ...
The Supreme Court has held that Interpretation of contracts & documents: Whether an agreement styled as one for conducting the business of another person can be interpreted as a leave and license agreement for purposes of the Bombay Rent Act? The guide to the construction of deeds and tools adopted can broadly be summarised as follows: (i) The contract is first… Read More ...
The Supreme Court has held that If a judgment is pronounced in open Court, the period of limitation starts running from that very day. If an application for certified copy is filed, the period during which the certified copy was under preparation has to be excluded as per Section 12(2) of the Limitation Act (i) The incident which triggers limitation to… Read More ...
The Supreme Court has held that What is the difference between a Gift, Settlement and Will? The nomenclature of the instrument is immaterial and the nature of the document is to be derived from its contents. There must be a transfer of interest in praesenti for a gift or a settlement and in case of postponement of such transfer until the… Read More ...
The Supreme Court has held that (i) In view of the declaration of law made in Ghanashyam Mishra and Sons Pvt. Ltd v. Edelweiss Asset Reconstruction Company Ltd (2021) 9 SCC 657, all the dues including the statutory dues owed to the Central Government, if not a part of the Resolution Plan, shall stand extinguished and no proceedings could be continued… Read More ...