Judgements Uploaded By Users In Category: Other Laws
These judgements are uploaded by our esteemed readers. If you have a judgement on an important topic that you would like to share with others, please use this form to upload it
The SUPREME COURT OF INDIA has held that “The court in the exercise of judicial review cannot supplant the terms of the provision through judicial interpretation by re-writing statutory language. Draftsmanship is a function entrusted to the legislature. Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute. For then, the judicial craft enters the… Read More ...
The Calcutta High Court has held that *Humanity Salt Lake & Anr Vs State of West Bengal & Ors* *Date-27th September, 2021* *Forum_Calcutta High Court* *Sub-Allotment of 2 acre plot of land in Salt Lake by WBHIDCO inspite of earlier allotment having been set aside by Supreme Court in disregard of rules and regulations-Calcutta High Court comes down heavily against the manner… Read More ...
The Supreme Court has held that Padmini Infrastructure Private Limited Vs Royal Garden Residents’ Welfare Association Date:28th September,2021 Forum-Supreme Court Sub-What is the liability of the builder in case the facilities which are promised like swimming pool, fire fighting equipment, water softening plant and health club etc are not given? The Apex Court in this case was dealing with appeal of… Read More ...
The Supreme Court has held that *S. Karthik & Ors Vs N Subhash Chand Jain & Ors* *Forum-Supreme Court of India* *Date-23rd September,2021* *Sub-How an ingenious litigant, by taking recourse to a series of proceedings one after the other, has been successful in blocking the enforcement of a security interest, created in favour of a secured creditor, thereby defeating the very… Read More ...
The Bombay High Court (Nagpur Bench) has held that Appointment of Members-Adjudicating Members-State Consumer Commission-District Consumer Forums- Tribunals-Appointment Process, Minimum experience-20 years for appointment of President and 15 years for members of state Commission- Unconstitutional and violative of Article 14 of the Constitution of India- Advocate with 10 years of experience at the Bar eligible for appointment as Members in Tribunals- Rules-Struck down. [Consumer… Read More ...
The Telangana High Court has held that *Animish Pradip Raje Vs SEBI* *Writ Petition No 7972 of 2021* *Forum- Telangana High Court* *Sub- Whether appointment of Grant Thornton as forsenic auditor of a company by SEBI was hit by principle of bias when one of the independent directors of the Company was deeply connected with sister concern of Grant Thornton.* In one… Read More ...
The Supreme Court has held that Hemraj Ratnakar Salian Vs HDFC Bank Limited & Ors Forum-Supreme Court Date-17th August 2021 Sub-When a tenant is protected from eviction under the SARFESI Act in case of default by the borrower and landlord? The apex court in this case was dealing with the petition by the tenant who resisted eviction by HDFC Bank Limited… Read More ...
The Supreme Court has held that Lachhmi Narain Singh (D) Through LRs & Ors. Vs Sarjug Singh (Dead) Through LRs. & Ors Civil Appeal No 5823 of 2011 Forum-Supreme Court Date -17th August 2021 Sub-Whether challenge to the validity of documents in case of probate proceedings needs to be made at the Trial court itself or can be made at appellate… Read More ...
The Supreme Court has held that *Krishna Gopal Tiwari & another Vs Union of India* *Forum-Supreme Court* *Civil Appeal No 4744 of 2021* *Sub-Whether Section 10(10(ii) dealing with exemption on account of payment of gratuity where the limit was enhanced from Rs 3.50 lacs to Rs 10 lacs is retrospective or prospective in nature.* The appellant in this case were employees… Read More ...
The Supreme Court of India has held that Prakash Gupta Vs SEBI Supreme Court of India Date-23rd July 2021 Sub-Whether consent of SEBI has to be read in Section 24A of SEBI Act 1992 dealing with compounding of offences, even though the section doesn’t provide for such consent. Supreme Court deals with the entire jurisprudence on the compounding of an offence. In this… Read More ...