Judgements Uploaded By Users In Category: Other Laws
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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 ...
The Supreme Court has held that Tests to be satisfied before grant of interim injunctions/ stay orders (i) The three-fold test of establishing (i) a prima facie case, (ii) balance of convenience and (iii) irreparable loss or harm, for the grant of interim relief, is well-established in the jurisprudence of this Court. This test is equally applicable to the grant of… Read More ...
The Bombay High Court has held that (1) The power exercised by the proper officer under Section 110(5) of the Customs Act, 1962 in directing provisional attachment of the bank account of a person is quite drastic or coercive in nature resulting in attracting civil consequences. If a bank account of a person is attached, it would certainly cause severe prejudice to… Read More ...
The Karnataka High Court has held that If a payment gateway had no knowledge that the funds transferred to the merchant IDs of the accused were derived from criminal activity related to a scheduled offense and it did not knowingly assist the accused in concealing or transferring illicit proceeds as clean money, it cannot be said to have committed any offense under… Read More ...
The Supreme Court has held that The Larger Bench of the Supreme Court was called upon to decide the following questions: - (a) Whether the Supreme Court, in the exercise of its jurisdiction under Article 142 of the Constitution of India, can order automatic vacation of all interim orders of the High Courts of staying proceedings of Civil and Criminal cases… Read More ...
The Delhi High Court has held that Contempt of Courts Act , 1971 . S. 2(c)(i) : Contempt of Court-Criminal contempt-For making Scandalous , unwarranted and baseless imputations against several sitting Judges of the High Court and district Courts-Court has sentenced a lawyer to six months imprisonment after holding him guilty of criminal contempt. [S. 5, 14, 15] Contemnor has made certain… Read More ...
The NCLT, Mumbai Bench has held that The NCLT has inter alia held that the date of default with respect to a corporate guarantor is the date on which the guarantor fails to make payment after being called upon to pay, and that the date of default of the principal borrower is not relevant for determining the date of default of the… Read More ...
The Bombay High Court has held that Website-Maharashtra Sales Tax Tribunal-Court directed the State Government to take required steps expeditiously on or before 31st December, 2023-The matter is kept hearing of further progress on 28th November, 2023. Court observed that in the present era , the courts and tribunals , which cater to the demands of the consumers of justice , cannot… Read More ...
The Supreme Court has held that This is a classic case and a mirror to the fact that litigant public may become disillusioned with judicial processes due to inordinate delay in the legal proceedings, not reaching its logical end, and moving at a snail’s pace due to dilatory tactics adopted by one or the other party. Every pending case represents a… Read More ...
The Supreme Court has held that Under Section 19(1) of the Prevention of Money Laundering Act, 2002 it is necessary that a copy of the written grounds of arrest is furnished to the arrested person without exception. Otherwise, the arrest would be unlawful The chronology of events speaks volumes and reflects rather poorly, if not negatively, on the Directorate of Enforcement… Read More ...