1 March 2021


News

Calcutta HC: Merely Obtaining Customary Divorce Will Not Attract Exception - 26.02.2021

Calcutta High Court has held that merely obtaining a customary divorce will not attract the exception envisaged under Section 29(2) of the Hindu Marriage Act, 1956.

Tags : Calcutta High Court Obtaining Customary Divorce

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P&H HC Seeks Information on Cases Pending Against MPs/MLAs of State - 26.02.2021

Punjab & Haryana High Court has sought information of all the cases pending against the Members of Parliament/Members of Legislative Assembly in the States of Punjab, Haryana and Union Territory of Chandigarh. The Court has directed an Officer of the rank of Inspector General of Police to be present on the next date of hearing to furnish the requisite information.

Tags : Punjab and Haryana High Court Pending Cases Against MPs/MLAs of State

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Allahabad HC Denies Anticipatory Bail to Aparna Purohit in Investigation Against ‘Tandav’ Series - 26.02.2021

Allahabad High Court has denied pre-arrest bail to Commercial Head of Amazon Prime Video, Aparna Purohit, in the ongoing investigation against the web series 'Tandav', underlining that western filmmakers have refrained from ridiculing Lord Jesus or the Prophet but the Hindi filmmakers have done it repeatedly and are still doing it most unabashedly with the Hindu Gods and Goddesses.

Tags : Allahabad High Court Aparna Purohit

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SC: Regulation of Fee for MBBS Students Within Domain of Self Financing Medical College - 26.02.2021

Supreme Court has observed that the regulation of fee for MBBS students in private self-financing medical colleges is within the domain of the Admission and Fee Regulatory Committee which has to ensure that the fee is non-exploitative and reasonable.

Tags : Supreme Court Regulation of Fee for MBBS Students

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SC: Provisions of Order VII Rule 11 CPC Not Exhaustive - 26.02.2021

Supreme Court has observed that the provisions of Order VII Rule 11 [Rejection of Plaint] of the Code of Civil Procedure, 1973 are not exhaustive and the Court has the inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of the Court.

Tags : Supreme Court Rejection of Plaint

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Kerala HC: Funds for Tribal People Under Various Schemes Not to be Diverted - 26.02.2021

Kerala High Court has ordered that funds available under various schemes for tribal people should not be diverted in any manner and they should accordingly be utilised only for providing the required amenities and facilities to the tribal people.

Tags : Kerala High Court Funds for Tribal People

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Madras HC: Builders Cannot Escape Provisions of RERA Where Amenities Not Provided - 26.02.2021

Madras High Court has held that builders and real estate developers cannot escape from the Real Estate (Regulation and Development) Act, 2016 if they had obtained completion certificates without completing the project in all respects and without providing amenities, such as approach roads, water facilities, drainage connections and so on, as agreed between them and the purchasers.

Tags : Madras High Court Builders Real Estate Developers

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NCRDRC: Consumer Protection Act Not Applicable to Educational Institutions - 25.02.2021

National Consumer Disputes Redressal Commission (NCDRC) has reiterated that the Consumer Protection Act, 1986, does not apply to Educational Institutions, and that co-curricular activities such as swimming do not fall within the scope of "service" as defined under the Act.

Tags : National Consumer Disputes Redressal Commission Educational Institutions

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SC Seeks Views on Creation of Additional Courts for Trial of Cheque Dishonour Cases - 25.02.2021

Supreme Court has sought the views of the Central Government on the creation of additional Courts for the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881.

Tags : Supreme Court Trial of Cheque Dishonour Cases

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Bombay HC: Order Under Prevention of Corruption Act to Demonstrate Application of Mind - 25.02.2021

Bombay High Court has ruled that an order granting permission or sanction to prosecute an individual under the Prevention of Corruption Act, 1988 must demonstrate that the Sanctioning Authority has applied his mind and not passed the order "mechanically".

Tags : Bombay High Court Order Under Prevention of Corruption Act

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SC: Family Members on Parental Side of Hindu Widow Not ‘Strangers’ Under Hindu Succession Act - 25.02.2021

Supreme Court has said that family members on the parental side of a Hindu widow cannot be held to be ‘strangers’ and her property can devolve upon them under the Hindu Succession Act, 1956, stating that the heirs of the father of a Hindu woman are covered under persons entitled to succession of property under Section 15(1)(d) the Act.

Tags : Supreme Court Family Members on Parental Side of Hindu Widow

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Calcutta HC Extends All Interim Orders Passed by It & Courts Subordinate to It Till March 31 - 24.02.2021

Calcutta High Court has extended the subsistence of all the interim orders passed by it and the courts subordinate to it till 31st March, 2021.

Tags : Calcutta High Court Extension of Interim Orders

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Supreme Court Directs Joint Monitoring Team to Submit Report on Alleged Contempt by Karnataka - 24.02.2021

Supreme Court has directed the Joint monitoring team to submit report on issues in contempt plea filed by State of Goa with alleging illegal diversion of water of Mahadayi river by State of Karnataka. The Court has directed that the Monitoring Committee will consist of superintendent members of all three States to visit the site and submit report on the alleged contempt.

Tags : Supreme Court Alleged Contempt by Karnataka Illegal Diversion of Mahadayi River

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NCLT Benches to Resume Physical Hearing from March 1 - 24.02.2021

National Company Law Tribunal (NCLT) has decided to resume physical hearing of cases filed before it from 1st March, 2021. However, if any party expresses difficulty in physical hearing, he/ she may be permitted to appear via video conferencing.

Tags : National Company Law Tribunal Physical Hearing

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Rajasthan HC Dismisses Plea Seeking Inclusion of Persons with Locomotive Disabilities under PWD Act - 23.02.2021

Rajasthan High Court has dismissed a writ petition seeking a direction to the State Government to include persons with locomotive disabilities and/or hearing impairment under the Rights of Persons with Disabilities Act, 2016.

Tags : Rajasthan High Court Inclusion of Persons with Locomotive Disabilities

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Delhi HC: Cannot Issue Directions to Bar Council of Delhi to Make Enrolment Process Online - 23.02.2021

Delhi High Court has observed that it cannot issue directions to the Bar Council of Delhi to make its enrolment process completely online as it is a policy decision. The Court has asked the Council to take a decision as expeditiously as possible on the pleas by some law graduates for making the enrolment process totally online.

Tags : Delhi High Court Bar Council of Delhi Enrolment Process

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Kerala HC: Inclusion of Land in CRZ-III Would Not Bar Inclusion of Land as Per CRZ Regulation 2019 - 23.02.2021

Kerala High Court has observed that the inclusion of a land in Coastal Regulation Zone-III in the Coastal Zone Management Plan (CZMP) prepared as per the Coastal Regulation Zone (CRZ), 2011 notification is not a bar against objecting to the inclusion of the said land in a CRZ zone as per the CZMP to be made as per the Coastal Regulation Zone (CRZ), 2019 notification.

Tags : Kerala High Court Inclusion of Land in CRZ-III

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SC: Manufacturer Not Liable for Fault of Dealer Unless Manufacturer Aware of Deficiency of Dealer - 23.02.2021

Supreme Court has observed that a manufacturer will not be liable for the fault of the dealer, unless it is proved that the manufacturer was aware of the deficiency of the dealer, in cases where the relationship between them is on "principle-to-principle" basis.

Tags : Supreme Court Manufacturer Fault of Dealer

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AAAR, Karnataka: Renting of E-Bikes and Bicycles Taxed at Rate of 5% and 12% respectively - 23.02.2021

Appellate Authority of Advance Ruling (AAAR), Karnataka has set aside the Advance Ruling of the lower authority ruling that the renting of e-bikes and bicycles without operator can be taxed at the rate of 5% and 12% respectively.

Tags : Appellate Authority of Advance Ruling Renting of E-Bikes and Bicycles

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ITAT, Mumbai: Leaseholder’s Expenses Not Capital Expenditure - 23.02.2021

Income Tax Appellate Tribunal (ITAT) Mumbai, has ruled that lease-holder’s expenses are not liable to be considered as capital expenditure for the purpose of taxation.

Tags : Income Tax Appellate Tribunal Leaseholder’s Expenses

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AAAR, Karnataka: Appeal Against Advance Ruling May be Made Within 30 days - 23.02.2021

Appellate Authority of Advance Ruling (AAAR), Karnataka has ruled that advance ruling may be appealed before the Appellate Authority within a period of 30 days from the date of communication to the aggrieved person.

Tags : Appellate Authority of Advance Ruling Appeal Against Advance Ruling

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SC Bars NCLT, Mumbai from Passing Final Orders on Future Plea for Calling Shareholders’ Meeting - 23.02.2021

Supreme Court has allowed the National Company Law Tribunal (NCLT), Mumbai, to continue proceedings on Kishore Biyani-led Future Retail’s plea seeking permission for calling a shareholders’ meeting to approve its Rs 24,713 crore retail asset sale deal with Reliance Retail but asked the tribunal not to pass final orders sanctioning the deal.

Tags : Supreme Court National Company Law Tribunal Future Retail

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Consumer Forum, Hyderabad: Supermarket Charging Cost for Carry Bags an 'Unfair Trade Practice' - 22.02.2021

District Consumer Disputes Redressal Commission, Hyderabad has directed 'More Megastore' to discontinue its unfair trade practice of arbitrarily imposing additional cost of carry bags (bearing its logo) on the consumer at the time of making payment. The Commission has held that using the Consumer as an advertisement agent at his cost tantamount to unfair trade practice under Section 2(1)(r) of the Consumer Protection Act, 1986.

Tags : District Consumer Disputes Redressal Commission Carry Bags

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SC Issues Notice on Plea Challenging Grant of Bail to Bangalore's Former Mayor Sampath Raj - 22.02.2021

Supreme Court has issued notice in plea challenge Karnataka High Court's decision to grant bail to former Mayor of Bangalore Sampath Raj and former Corporator Abdul Raqueeb Zakir in the Bangalore Riot Case.

Tags : Supreme Court Mayor Sampath Raj

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SC: Subsequent Purchaser Can Challenge Readiness of Plaintiff in Specific Performance Suit - 22.02.2021

Supreme Court has observed that subsequent purchaser of the suit property can challenge the readiness and willingness on part of the plaintiff in a specific performance suit.

Tags : Supreme Court Readiness of Plaintiff in Specific Performance Suit

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Allahabad HC: Detention of Person Despite Furnishing of Personal Bond Violative Of Article 21 - 22.02.2021

Allahabad High Court has held that keeping a person in custody, despite his furnishing personal bonds as required by the magistrate, is violative of his right to personal liberty guaranteed under Article 21 of the Constitution of India, 1949.

Tags : Allahabad High Court Detention of Person

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