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Supreme Court: Illegal for a Stranger to File Condonation of Delay Application - 10.05.2024

SC held that entertaining an application filed at behest of a stranger for condonation of delay in filing an application for restoration of subject suit is unsustainable in law. If this approach is approved it would permit anyone to move such an application even if he is not a party to subject suit.

Tags : Supreme Court Condonation of Delay Stranger

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Supreme Court: Replication to WS Can be Filed by Election Petitioner if New Facts Not Introduced - 10.05.2024

Supreme Court has observed that a replication in an election petition can be filed by an election petitioner against a written statement, only on the ground that the replication does not contain new facts going against the original facts in the election petition.

Tags : Supreme Court Election Petition Replication Written Statement

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SC: It is Up to the Arbitral Tribunal to Adjudicate Upon Construction of Terms of Contract - 10.05.2024

SC has held that it is for Arbitral Tribunal to adjudicate upon construction of terms of a contract. If Arbitral Tribunal takes a particular view on interpretation of the contract, Court under Section 34 of Arbitration and Conciliation Act, 1996 does not sit in appeal over findings of arbitrator.

Tags : Supreme Court Terms of Contract Arbitral Tribunal Section 34 of A&C Act

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Del. HC: Order Passed in Favour of Indian Hotels Company Over Use of ‘Ginger’ Trademark - 10.05.2024

Delhi High Court has passed an order in favour of Indian Hotels Company and restrained several fraudulent websites from unauthorisedly using the trademark ‘Ginger’ or any other mark which is deceptively similar to the trademark for hotel bookings.

Tags : Delhi High Court Indian Hotels Company Ginger Hotel Bookings

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Del. HC: Administration has Turned Blind Eye Towards Functioning of Dairies in National Capital - 09.05.2024

Delhi High Court while dealing with a plea alleging violation of various laws by dairy colonies in Delhi, has observed that the administration has completely ignored the issues related to the functioning of dairies in the national capital and the cattle situated therein.

Tags : Delhi High Court National Capital Dairies

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SC: Can Use Witness Statement Recorded In Absence of Accused, if Conditions of S. 299 CrPC Fulfilled - 09.05.2024

Supreme Court has held that if the conditions given under Section 299 of the Code of Criminal Procedure, 1973 are fulfilled only then the statement of the prosecution witness recorded in the absence of the accused can be used as evidence.

Tags : Supreme Court S. 299 CrPC Witness Statement

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Supreme Court: No Provision Under GST Act for Pre-payment Prior to Adjudication - 09.05.2024

SC while hearing petitions regarding challenge to penal provisions of Central Goods and Service Tax Act, 2017 (GST Act), has stated that it is necessary to have safeguards against arrest. The Court also noted that there are no penal provisions under the Act for pre-payment prior to adjudication.

Tags : Supreme Court Penal Provisions Pre-payment

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All. HC: Arbitrator’s Requirement to Provide Reason Hinges on Pleadings & Available Docs. on Record - 09.05.2024

Allahabad High Court has held that the arbitrator’s requirement to provide reasons in accordance with Section 31(3) of the Arbitration and Conciliation Act, 1996 hinges on the pleadings and available documents on record.

Tags : Allahabad High Court S. 31(3) of A&C Act Pleadings

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SC: Time Limit u/s 14(3) of JJ Act to Ascertain Physical & Mental Health of Juvenile is Directory - 08.05.2024

SC has held that time limit to prescribe physical and mental health of juvenile so provided in Section 14(3) of the Juvenile Justice Act, 2015 cannot be held to be mandatory, as no consequences of failure have been provided as in case of enquiry into petty offences under Section 14(4) of the Act.

Tags : Supreme Court Section 14(3) of JJ Act Juvenile

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Del. HC: Rs. 1 Lakh Cost Imposed on Person Who Made Lord Hanuman Party in Property Dispute - 07.05.2024

Delhi High Court has imposed a cost of Rupees One Lakh on a litigant who made Lord Hanuman party to a case concerning a temple constructed on a private land. The appellant claimed a right to worship in the temple which was dismissed by the Court.

Tags : Delhi High Court Property Dispute Lord Hanuman

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