Tags : Communication, Settlement, Insurance claims
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Supreme Court Bars Lenders from Making Claims in Arbitration Tribunals(25.01.2021)
Supreme Court has barred banks and financial institutions from making a claim in an arbitration tribunal to recover their money stating that holding t.....
Tags : Supreme Court, Claims of Banks and Financial Institutions
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CBIC Extends Sanction for Pending IGST Refund Claims on GSTR-1 and GSTR-3B(18.02.2021)
Central Board of Indirect Taxes and Customs (CBIC) has notified the extension of Sanction for pending Integrated Goods and Services Tax refund claims .....
Tags : Central Board of Indirect Taxes and Customs, Pending IGST Refund Claims
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Bombay HC: Telephonic/Email Communications No Substitute For In-Person Hearing(18.03.2021)
Bombay High Court has ruled that telephonic or email communications could not be a substitute for the right of a personal hearing in a Goods and Servi.....
Tags : Bombay High Court, GST Refund Claim
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Delhi HC: Proclaimed Offender' Under Sec 82(4) CrPC Cannot be Made Against Person Accused of Cheating(30.03.2021)
Delhi High Court has held that a person accused of offences under Section 406(criminal breach of trust), 420(cheating) and 120B (criminal conspiracy) .....
Tags : Delhi HC, Proclaimed Offender
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Madras HC: Assessee Has Option to Choose First Year From Which Deduction is Claimed(08.04.2021)
Madras High court held that the assessee has the option under section 80IA of the Income Tax Act, 1961 to choose the first year from which deduction i.....
Tags : Madras High Court, Claiming Deduction
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SC: Breath Analysis or Blood Test Not Necessary to Reject Claim on Ground of Drunken Driving(13.04.2021)
Supreme Court has held that a breath analyzer test or blood test as contemplated under the Motor Vehicles Act, 1988 is not necessary for an insurer to.....
Tags : Supreme Court, Claim on Ground of Drunken Driving
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SC Stays Kerala HC Judgment Allowing Live-In Couple to Reclaim Surrendered Biological Child(04.05.2021)
Supreme Court has stayed the operation of a Kerala High Court judgment that restored the custody of a surrendered child to his biological parents, a c.....
Tags : Supreme Court, Reclaiming Surrendered Biological Child
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Calcutta HC: Arbitral Award Holder’s Claim Would Extinguish on Approval of Resolution Plan(10.05.2021)
Calcutta High Court has stated that an arbitral award-holder's claim would stand extinguished upon the approval of a Resolution Plan for the award-deb.....
Tags : Calcutta High Court, Arbitral Award Holder’s Claim
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Delhi HC Directs to Examine on Claims of People Unable to Get Insurance Benefit in Second Covid Wave(28.05.2021)
Delhi High Court has directed IRDAI (Insurance Regulatory and Development Authority of India) to examine as to whether the claims of people who were u.....
Tags : Delhi High Court, Insurance Claims
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Delhi High Court Issues Guidelines for Declaring Persons as Proclaimed Offenders(02.07.2021)
Delhi High Court has issued detailed guidelines to be followed while declaring a person as a Proclaimed Offender so as to ensure that the process unde.....
Tags : Delhi High Court, Proclaimed Offenders
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Allahabad HC Refuses Protection to Woman/Girl Claiming to Have Married Hindu Man(08.07.2021)
Allahabad High Court has refused to pass a protection order in favor of a woman/girl claiming to have married a Hindu Man noting that she did not prod.....
Tags : Allahabad High Court, Protection to Woman/Girl Claiming to Have Married Hindu Man
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Implementation of RMS for processing of duty drawback claims(15.07.2021)
1. Risk Management System (RMS) in export was introduced with effect from 15.7.2013. In this regard, Board's Circular No. 23/2013-Customs dated 24.06......
Tags : Implementation, RMS, Duty drawback claims
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Extension of time limit for filing claims under the Transport and Marketing Assistance Scheme for specified agricultural products(13.07.2021)
In exercise of powers conferred under paragraph 2.04 of the Foreign Trade Policy 2015-2020, as amended from time to time, the Director General of Fore.....
Tags : Extension, Time limit, Claims
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SC: Relatives Not Dependent on Claimant Will Constitute Separate Family Unit(11.08.2021)
Supreme Court has observed that the relatives who are not dependent on the claimant will constitute a separate family unit for the purposes of compens.....
Tags : Supreme Court, Relatives Not Dependent on Claimant
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SC: Motor Accident Claim Petition Does Not Abate on Death of Injured Claimant(17.08.2021)
Supreme Court has observed that a motor accident claim petition does not abate even after the death of the injured claimant. The right to sue survive .....
Tags : Supreme Court, Motor Accident Claim
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If the tenancy claim is for any term exceeding one year, the tenancy can be made only by a registered instrument(17.08.2021)
Present appeals are directed against the Orders passed by the Chief Metropolitan Magistrate, rejecting the Application filed by the Appellant herein f.....
Tags : Registered instrument, Requirement, Tenancy claim
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Karnataka HC Directs to Ensure Insurance Companies Transfer Unclaimed Policy Amounts(09.09.2021)
Karnataka High Court has directed the Insurance Regulatory and Development Authority (IRDA) to ensure that all insurance companies follow the master c.....
Tags : Karnataka High Court, Insurance Companies Transfer Unclaimed Policy Amounts
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A court could not take note of prescription of its own accord. A party had to invoke prescription(09.09.2021)
The Appellant (Mr. Jugwanth) claimed fees arising from a contract where he represented the Respondent (MTN) in matters involving the Commission for Me.....
Tags : Claim, Prescription, Invocation
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CBDT Extends Time Period for Processing Income Tax Returns with Refund Claims(01.10.2021)
Central Board of Direct Taxes (CBDT) notified the extension of the time period for Processing returns with refund claims beyond prescribed time limits.....
Tags : Central Board of Direct Taxes, Income Tax Returns with Refund Claims
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SC: Insurance Claim Can Be Rejected If Vehicle Was Used Without Valid Registration(01.10.2021)
Supreme Court has observed that an insurance claim can be rejected if a vehicle is used/driven without a valid registration, since that would constitu.....
Tags : Supreme Court, Insurance Claim
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SC Sets Aside Grant of Furlough to Self-Proclaimed Godman and Rape Convict Asaram’s Son(20.10.2021)
Supreme Court has set aside the grant of two weeks' furlough to self-proclaimed godman and rape convict Asaram's son Narayan Sai who is also serving l.....
Tags : Supreme Court, Furlough to Self-Proclaimed Godman and Rape Convict Asaram’s Son
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Madras High Court Warns Greater Chennai Corporation Over Waterlogging Issue(10.11.2021)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai, while directing the Goods and services tax (GST) refund to Service Provider rul.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, Claiming GST Refund
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SC Issues Directions for Disbursement of Compensation And Expeditious Adjudication of MACT Claims(19.11.2021)
Supreme Court has issued a slew of directions regarding disbursement of compensation and expeditious adjudication of motor accident claims by online m.....
Tags : Supreme Court, MACT Claims
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SC Asks Additional Solicitor General on Extension of VAHAN Portal to Tackle Fake Claims(15.12.2021)
Supreme Court has asked the Additional Solicitor General, Mr. K.M. Nataraj to assist the court in tackling the issue of fake claim petitions filed und.....
Tags : Supreme Court, Extension of VAHAN Portal to Tackle Fake Claims
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SC: Hospital Cannot Claim to be Indemnified by Insurer Under Insurance Policies(20.12.2021)
Supreme Court has observed that a joint and several liability could not have been fastened on the insurer and the hospital could not claim to be indem.....
Tags : Supreme Court, Hospital Claim
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SC Directs States Not to Reject Applications/Claims of Kin/Family Members of COVID Victims(20.01.2022)
Supreme Court has directed the States not to reject applications/claims of the kin/family members of persons who have succumbed to COVID-19 on technic.....
Tags : Supreme Court, Claims of COVID Victims
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Bombay HC Partly Allows MACT Order in Appeal Against Compensation Awarded to Kin(21.01.2022)
Bombay High Court has partly allowed an order of the Motor Accident Claims Tribunal, Mumbai, in an appeal against the compensation awarded to kin of a.....
Tags : Bombay High Court, Compensation, Motor Accident Claim
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Bombay HC: No Statutory Authority Can Raise Fresh Claim After Resolution Plan Approved(24.01.2022)
Bombay High Court has ruled that no statutory authority, including the Income Tax authorities, can raise a fresh claim against a Corporate Debtor afte.....
Tags : Bombay High Court, Fresh Claim After Resolution Plan Approved
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Uttarakhand HC Stays Operation of Circular Inhibiting Refund Claims(24.01.2022)
Uttarakhand High Court has stayed the operation of a Circular issued by the Revenue Authorities, to the extent it inhibits refund claims for a period .....
Tags : Uttarakhand High Court, Refund Claims
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Kerala HC: Parties to Litigation Entitled to be Informed of Reasons for Denial of Their Claim(01.02.2022)
Kerala High Court has observed that a party to litigation is entitled to be informed of the reasons behind the denial of their claims.
Tags : Kerala High Court, Denial of Claim
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Delhi HC: Employee of BRO Has No Fundamental Right to Claim Deputation to Another Organization(07.02.2022)
Delhi High Court has held that an employee of the Border Roads Organisation has no fundamental right to claim a deputation to any other Organisation o.....
Tags : Delhi High Court, Fundamental Right to Claim Deputation
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When the complainant had lodged the FIR immediately after the theft of the vehicle, the Insurance Company cannot repudiate the claim on ground of delay(11.02.2022)
The present appeal is directed against the impugned order passed by the National Consumer Disputes Redressal Commission, New Delhi (“the NCDRC”) in Re.....
Tags : Claim, Repudiation, Legality
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Finance Ministry Enables New E-Bill System to Enable Paperless Submission of Bills/Claims(03.03.2022)
Finance Ministry has enabled the new e-Bill system to enable paperless submission, end to end digital processing of bills with the objective of ease o.....
Tags : Finance Ministry, E-Bill System, Paperless Submission of Bills/Claims
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Gauhati HC: Children Can't Seek Claim in Property Not Inherited by Deceased Father(04.03.2022)
Gauhati High Court has held that there is no claim on property of a deceased person by his children if the said property was not inherited by the dece.....
Tags : Gauhati High Court, Claim in Property Not Inherited by Deceased Father
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Delhi HC: Mere Issuance of No Claim Certificate Does Not Ipso Facto Extinguish Claims(05.04.2022)
Delhi High Court has observed that a No Claim Certificate (NCC) shall be examined along with the covering letter and that mere issuance of the NCC by .....
Tags : Delhi High Court, Claim, No Claim Certificate
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Ambiguous term in an insurance contract is to be construed harmoniously by reading the contract in its entirety(25.04.2022)
The Appellant is aggrieved by an order of the National Consumer Disputes Redressal Commission (NCDRC) dismissing its complaint. The issue urged by the.....
Tags : Guidelines, Claim, Denial
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Delhi HC: Not Necessary to Go Into Merits of Claim/ Counter-Claim for Appointment of Arbitrator(02.05.2022)
Delhi High Court has ruled that in a petition under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of arbitrator, it is not ne.....
Tags : Delhi High Court, Section 11, Arbitration & Conciliation Act, 1996, counter claim
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Gujarat HC: Income Tax Not Applicable on Interest Awarded by Motor Accident Claim Tribunal(06.05.2022)
Gujarat High Court has observed that the interest awarded by the Motor Accident Claim Tribunal (MACT) under Section 171 of the Motor Vehicles Act, 198.....
Tags : Gujarat High Court, Motor Vehicles Act, 1988, section 171, Motor Accident Claim Tribunal
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Gujarat HC: Mere Delay in Filing FIR not Fatal in Motor Accident Claims if Adequate Reason Offered(24.05.2022)
Gujarat High Court has directed the Motor Accident Claims Tribunal to consider the claim petition filed by a motor accident victim, even though there .....
Tags : Gujarat High Court, Motor Accident Claims, FIR
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Delhi HC Seeks Consolidated List of All Pending and Adjourned Cases U/S 138 of NI Act(03.06.2022)
Delhi High Court has sought from the Principal District and Sessions Judge (Headquarters) a consolidated list of all cases pending or adjourned under .....
Tags : Delhi High Court, Negotiable Instruments Act, Proclaimed Offenders
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Kerala HC: Compensation for Actual Damages Includes Value of Spare Parts to be Repaired(11.07.2022)
Kerala High Court while allowing a motor accident claims appeal has held that in Motor Accident Claims the claimant is entitled to get compensation fo.....
Tags : Kerala High Court, Motor Accident Claims, Actual Damages
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SC: Counter-Claim Can’t be Rejected Merely Because Claims Weren’t Notified at Pre-Arbitral Stage(13.07.2022)
Supreme Court has held that the counter-claim of a party cannot be dismissed merely because the claims were not notified before invoking the arbitrati.....
Tags : Supreme Court, Counter-Claim, Arbitration
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Bengaluru Court Directs Social Media to Take Down Photo Against Justice Surya Kant & Pardiwala(13.07.2022)
Bengaluru Court has directed social media platforms Twitter, Facebook, Linkedin, Instagram and Whatsapp to take down a widely circulated photograph wh.....
Tags : Bengaluru Court, Social Media, Defamatory Claims
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SC: Insurance Co. Can’t be Held Guilty of Deficiency of Service Solely for Delay in Processing Claim(14.07.2022)
Supreme Court has held that an insurer cannot be held guilty of deficiency in service solely for delay in processing the claim and delay in repudiatio.....
Tags : Supreme Court, Deficiency, Processing Claims
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Allahabad HC: CrPC Doesn’t Indicates That Proclaimed Offender is Barred to File for Pre-Arrest Bail(21.07.2022)
Allahabad High Court has held that Section 438 of Code of Criminal Procedure (CrPC) doesn't say that a proclaimed offender would be barred to file ant.....
Tags : Allahabad High Court, Anticipatory Bail, Proclaimed Offender
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SC: Parties Can’t be Referred to Arbitration Against Decision of General Manager on Notified Claims(22.07.2022)
Supreme Court has held that if the decision of a specified authority/General Manager is final and it is decided by it that the claims are not notified.....
Tags : Supreme Court, Notified Claims, Arbitration
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Cal. HC: No Claim Certificate is Invalid if it is Pre-Condition to The Release of Final Payment(22.07.2022)
Calcutta High Court has held that a discharge voucher or No Claim Certificate would be invalid on account of 'Coercion' if it is submitted as a pre-co.....
Tags : Calcutta High Court, No Claim Certificate, Pre-Condition
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SC: There Cannot Be Two Arbitration Proceedings With Respect To Same Transaction(25.07.2022)
Supreme Court has held that when a dispute has earlier been referred to arbitration and an award was passed on the claims made, then it is rightful to.....
Tags : Supreme Court, Arbitration, Claims
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SC: Refer Motor Accident Claims Which Can be Compromised to Lok Adalat(01.08.2022)
Supreme Court has directed compromisable insurance claims from the High Court and the Motor Accidents Claim Tribunal (MACT) which adds up to one lakh .....
Tags : Supreme Court, Lok Adalat, Motor Accidents Claims
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Cal. HC to State: Hand Advocate's Unclaimed Dead Body to Bar Association for Performing Last Rites(02.08.2022)
Calcutta High Court has allowed a PIL seeking handing over of an Advocate's unclaimed dead body to the High Court Bar Association, for performing the .....
Tags : Calcutta High Court, Last Rites, Unclaimed Dead Body
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Onus is on claimant to establish that money had been entrusted on his behalf to the attorney(28.07.2022)
The Appellant, a practising advocate made an application to the high Court for an order compelling the Respondent, the Legal Practitioners’ Fidelity F.....
Tags : Funds, Entrustment, Claim
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Delhi HC: Sex Worker Entitled to All Rights But Cannot Claim Special Treatment if She Violates Law(08.08.2022)
Delhi High Court has held that although a sex worker is entitled to all rights available to a citizen, but at the same time, if she violates the law, .....
Tags : Delhi High Court has held that although a sex worker is entitled to all rights available to a citizen, but at the same time, if she violates the law, she would be subjected to the same consequences under law and cannot claim any special treatment.
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J&K&L HC: PF & Pecuniary Benefits Received By Legal Heirs of Deceased Have No Co-Relation With MAC(23.08.2022)
Jammu and Kashmir and Ladakh High Court has held that Provident Fund (PF), and other pecuniary advantages receivable by heirs on account of one's deat.....
Tags : Jammu and Kashmir and Ladakh High Court, Motor Accident Claim, Pecuniary Advantages
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SC: Just Compensation Exceeding Claimed Amount Can be Awarded(05.09.2022)
Supreme Court has held that motor accident compensation amount actually due and payable is to be awarded despite the claimants having sought for a les.....
Tags : Supreme Court, Motor Accident Compensation, Claim
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A refund can be claimed by a person who has borne the incidence of tax(05.09.2022)
Appellant has filed present Appeal to assail the order passed by the Commissioner (Appeals), by which the order passed by the adjudicating authority r.....
Tags : Refund claim, Rejection, Legality
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SC: No Bar on Allowing Counter Claim Filed Long After Written Statement But Before Framing of Issues(13.10.2022)
Supreme Court has held that there is no bar in taking on record a counter claim filed long after filing of written statement but before framing of iss.....
Tags : Supreme Court, Written Statement, Counter Claim
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Delhi HC: Whether A Claim Is 'Notified Claim' Under Contract; Falls Outside the Scope Of Arbitration(14.10.2022)
Delhi High Court has observed that the dispute whether a claim raised by a party is a 'Notified Claim' under the Contract, which can be referred to ar.....
Tags : Delhi High Court, Notified Claim, arbitration
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Madras HC: Limitation Qua Counter-Claim Stops On Date Of Notice Of Arbitration(17.10.2022)
Madras High Court has ruled that the limitation period qua Counter-Claims would be arrested on the date on which the respondent issues the notice of a.....
Tags : Madras High Court, limitation, Counter-Claims
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The party who raises a plea of prescription bears the onus of proof(07.11.2022)
Present is an appeal against the judgment of the High Court, granting the Respondent’s enrichment claim against the Appellant in an amount to be deter.....
Tags : Enrichment claim, Grant, Legality
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For claiming rebate of duty under Rule 18 of the Central Excise Rules, the period of limitation prescribed under Section 11B of the Central Excise Act, shall have to be applied(29.11.2022)
The original writ Petitioner/Appellant has preferred the present appeal feeling aggrieved with the impugned judgment passed by the High Court, whereby.....
Tags : Rebate claim, Limitation period, Applicability
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In passing off proceedings, the court must consider all extraneous factors in reaching a conclusion that confusion is likely(01.12.2022)
The dispute was about a shape of a water bottle. Since 2011, Tupperware has been selling a plastic bottle that has the shape of the registered mark, a.....
Tags : Passing off claim, Deception, Likelihood
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It is impermissible for a court to re-evaluate the material on record and supplant its view over that of the arbitral tribunal(05.12.2022)
The Appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 impugning a judgment passed by the lea.....
Tags : Claim, Limitation, Arbitral award
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Delhi HC: Employer Can’t Retain Performance Bank Guarantee After Acknowledging Due Performance(14.12.2022)
Delhi High Court has held that the employer cannot withhold the performance bank guarantee after acknowledgement of the due performance of the contrac.....
Tags : Delhi High Court, Performance Bank Guarantee, Counter Claims
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Guidelines on Insurance claims of victims of Subsidence and Landslides in the calamity affected areas in the State of Uttarakhand(19.01.2023)
1. Subsidence and Landslide have caused loss to property in some areas in the State of Uttarakhand. There is an urgent need for the general insurers t.....
Tags : Guidelines, Insurance claims, Victims
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Ker. HC Directs Claims Commissioner To Start Proceedings For Quantification Of Loss From Next Week(25.01.2023)
Kerala High Court has directed the Claims Commissioner to commence proceedings for quantification of the damages caused on account of Flash Hartal cal.....
Tags : Kerala High Court, Claims Commissioner, quantification, Flash Hartal, Popular Front of India
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Del HC: Delay in Approaching Authority for Constitution of Tribunal Won’t Render Claims Time Barred(10.02.2023)
Delhi High Court has held that period within which party is required to approach court for constitution of arbitral tribunal, can’t be conflated with .....
Tags : Delhi High Court, Limitation, Claims, Arbitral Tribunal
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Once the resolution plan is finalized then all the claims get extinguished(28.02.2023)
Case set up by the Appellant is that, he had purchased an immovable property from Narendra Solves Pvt. Ltd. vide sale deed dated 18th February, 2015 a.....
Tags : Resolution plan, Approval, Claim
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SC: To Determine Correctness of Caste Claim, Affinity Test is Not Essential(24.03.2023)
Supreme Court has held that affinity test is not a litmus test to decide a caste name and is not an essential part in the process of the determination.....
Tags : Supreme Court, Affinity Test, Caste Claim
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Section 16 of the Carriage by Road Act, 2007 applicable only in respect of suit or legal proceeding instituted against common carrier for any loss of, or damage to, the consignment(01.05.2023)
The Appellant (ESSEMM Logistics), who was the first Defendant in the suit, has preferred this appeal against the rejection of its counter-claim in exe.....
Tags : Counter-claim, Rejection, Legality
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SC: Injured Passenger is Entitled to Claim by Railway Admin. Irrespective of Not Being at Fault(19.05.2023)
Supreme Court has held that when in course of working of railway, an untoward incident occurs then whether or not there has been any wrongful act, neg.....
Tags : Supreme Court, Railway Administration, Claim
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SC: Injured Passenger is Entitled to Claim by Railway Admin. Irrespective of Not Being at Fault(19.05.2023)
Supreme Court has held that when in course of working of railway, an untoward incident occurs then whether or not there has been any wrongful act, neg.....
Tags : Supreme Court, Railway Administration, Claim
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IBC is a time bound process and any delay in challenging the rejection of the claims cannot be condoned as a matter of routine(05.06.2023)
Present Appeal is preferred by IFCI Limited under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the Impugned Order passed by th.....
Tags : Claim, Rejection, Delay
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Sub-Contractor shall not have any contractual relationship with the owner, and shall not be entitled to prefer any claims against the owner(16.06.2023)
Challenge in present Appeal is against the `Impugned Order' passed by the `Adjudicating Authority', by which Order, the `Adjudicating Authority' has d.....
Tags : Contractual relationship, Claim, Legality
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SC: Not Mandatory to File Accident Claim Before MACT of Area Where Accident Occurred(04.08.2023)
Supreme Court while observing that it is not mandatory to file motor accident claims before MACT having jurisdiction over area where accident occurred.....
Tags : Supreme Court, MACT, Motor Accident Claims
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All. HC: Railway Claim Tribunal has Power to Condone Delay U/S 5 of Limitation Act(18.08.2023)
Allahabad High Court has held that if sufficient cause is made out, Railway Claim Tribunal has power to condone the delay under section 5 of the Limit.....
Tags : Allahabad High Court, Limitation Act, Railway Claim Tribunal
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RBI launches - UDGAM - Centralised Web Portal for searching Unclaimed Deposits(17.08.2023)
The Governor, Reserve Bank of India today launched a Centralised Web Portal UDGAM (Unclaimed Deposits - Gateway to Access inforMation). This portal ha.....
Tags : RBI, Web-portal, UDGAM, Unclaimed Deposits
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Any person claiming refund of any duty is to make an application before the expiry of one year from the date of payment of such duty or interest(28.08.2023)
Present Petition impugns the rejection of a refund claim of Rs. 38,90,832 vide order passed by the Respondent no.3-Assistant Commissioner of Customs, .....
Tags : Refund claim, Rejection, Legality
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All. HC: Person is Declared as Proclaimed Offender Only After Publication of Proclamation(07.09.2023)
Allahabad High Court has held that a proclamation has to be ‘published’ as provided under Section 82(1) CrPC before a person is declared as a proclaim.....
Tags : Allahabad High Court, Proclaimed Offender, Proclamation, Published
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SC: Admission of Claims After Acceptance of RP by CoC will Make CIRP an Endless Process(12.09.2023)
Supreme Court has held that if claims are admitted after resolution plan (RP) has been accepted by the Committee of Creditors (COC) under Insolvency a.....
Tags : Supreme Court, CIRP, Resolution Plan, Committee of Creditors, Claims
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P&H HC Issues Guidelines on Proclamation u/s 82 CrPC(25.09.2023)
Punjab and Haryana High Court has issued guidelines for issuance of a proclamation under Section 82 of CrPC for declaration as 'proclaimed offender' a.....
Tags : Punjab and Haryana High Court, Guidelines, Proclaimed Offender
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Prescription begins to run, when the creditor has the minimum facts necessary to institute action(04.10.2023)
The matter concerned the prescription of a claim which Mr. and Mrs. Mokhethi (the Respondents) had instituted against Mr. and Mrs. Stemmet (the appell.....
Tags : Prescription, Claim, Defects
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Where a Master admits a claim, it cannot subsequently alter the decision(18.10.2023)
Present appeal emanated from an order of the high court that, the Appellants were not entitled to contest the claims proved by the Eastern Cape Develo.....
Tags : Disposition, Assets, Claim
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Cal. HC: Quantum of Security in Maritime Claims Shouldn’t be Unreasonable(26.10.2023)
Calcutta High Court while observing that a claim for loss / compensation must be proximate to the occurrence as well as to the consequences of the los.....
Tags : Calcutta High Court, Maritime Claims, Security
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SC Warns Patanjali Ayurved of Fine for Claiming False Misleading Claims of Cure(22.11.2023)
Supreme Court has directed Patanjali Ayurved to stop immediately all false and misleading advertisements and stated that the Court will also consider .....
Tags : Supreme Court, Patanjali Ayurved, False Claims
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No demand of duty amount can be confirmed without issuing show cause notice and following the procedure prescribed under Section 11A of the Central Excise Act(06.12.2023)
The present appeal is directed against the impugned order passed by the Commissioner (Appeals) deciding two appeals of the Appellant whereby the Commi.....
Tags : Refund claim, rejection, Legality
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Raj HC: No Penalty on Assessee u/s 270A IT Act, Once Deduction Claim for Education Cess is Withdrawn(05.01.2024)
Rajasthan High Court has held that no penalty shall be imposed on the Assessee under Section 270A of Income-Tax Act, 1961, once the deduction claim fo.....
Tags : Rajasthan High Court, Education Cess, Deduction Claim, Income-Tax Act
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Delhi HC: Party Can’t Challenge Arbitral Award After Receiving Payment of Decided Amount(29.01.2024)
Delhi High Court has held that a party that has received payment in terms of an arbitral award cannot challenge the award with respect to the disallow.....
Tags : Delhi High Court, Arbitral Award, Disallowed Claims
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Mad. HC: Refund Claim to Be Examined on Basis of Documents of Availment of ITC & Export of Products(05.02.2024)
Madras High Court has held that refund claim has to be examined and determined on the basis of documents pertaining to the availing of Input Tax Credi.....
Tags : Madras High Court, Input Tax Credit, Refund Claim
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Del. HC: Claim of Product-By-Process Has to Be Examined On Anvil of New And Unobvious Product(08.02.2024)
Delhi High Court has ruled that product-by-process claim under the Patents Act, 1970 will have to be examined necessarily on the anvil of a “new and u.....
Tags : Delhi High Court, Product-by-Process Claim, Unobvious Product
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SC Enhances Compensation in Motor Accident Case on Ground that Deceased Was Multi Tasking(07.03.2024)
SC has enhanced the compensation granted in a motor accident claim after taking note of the fact that the deceased was deriving income from multiple j.....
Tags : Supreme Court , Compensation, motor accident claim
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SC: HCs and SC Should Refrain from Interfering in Scrutiny Committee's Findings on Caste Claims(05.04.2024)
SC has held that High Courts as well as the Supreme Court should refrain from deeper probe into factual issues in the scrutiny committee's findings on.....
Tags : Supreme Court, High Court, Scrutiny Committee, Caste Claims
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When documents established that goods imported co-relates with the invoices, refund should not be denied on some minor variation in describing goods(04.04.2024)
In facts of present case, the Appellant filed refund claim for refund of Special Additional Duty paid by them at the time of import of goods as under .....
Tags : Refund claim, Denial, Legality
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Clarification regarding media reports claiming special drive to reopen cases with reference to HRA claims(08.04.2024)
There is no special drive to re-open cases of mismatch, and media reports alleging that large-scale re-opening is being undertaken by the CBDT are com.....
Tags : Clarification, Reopening of cases, HRA claims
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All. HC: Mentioning Certain Sections in Title of Claim Made to Labour Court Won’t Determine Jurisdi.(14.05.2024)
Allahabad High Court has observed that it is well settled that the title of an application/claim and reference made therein or merely mentioning certa.....
Tags : Allahabad High Court, Title of Claim, Jurisdiction
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EPFO expands 'Ease of Living by reducing service delivery time for claim settlement(13.05.2024)
For enhancing ease of living for its crores of members, EPFO has now introduced auto-mode settlement of advance claims for the purpose of education & .....
Tags : EPFO, Expansion,Claim settlement
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Gau HC: Courts Have Duty to Examine & Reject Time Barred Claims to Protect Parties from Arb. Process(07.06.2024)
Gauhati High Court has held that courts have a duty to examine and reject time-barred claims in order to prevent parties from getting trapped in costl.....
Tags : Gauhati High Court, Time Barred Claims, Arbitration Processes
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Insurance claims relating to Cyclone Remal and subsequent heavy rains/floods(04.06.2024)
1. The Cyclone Remal and subsequent heavy rains/floods (May 2024) have caused widespread loss to human lives, property (homes and businesses) and infr.....
Tags : Claims, Cyclone Remal, Loss
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Liability on the guarantee could be avoided, if there was fraud on the part of the beneficiary(04.06.2024)
Present appeal considers whether the first Appellant, Jorge Alexandre Da Costa Bonifacio, and the second Appellant, Sergio Rui Da Costa Bonifacio (App.....
Tags : Payment, Indemnity, Claim
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Anticipatory bail cannot be granted to a proclaimed offender(10.06.2024)
In present case, the applicant has been implicated in present case along with 15 other co-accused persons for committing the offences alleged in the F.....
Tags : Proclaimed offender, Bail, Grant
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Bom. HC: Release of Film ‘Hamare Baarah’ Permitted After Agreement on Deletion of Certain Portions(19.06.2024)
Bombay High Court has allowed the release of the film ‘Hamare Baarah’ after the makers agreed to make changes in certain portions and adding disclaime.....
Tags : Bombay High Court, Hamare Baarah, Disclaimers
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Gau. HC: Claimant Pulled for Concealing that Compensation had been Received for Loss of Vehicle(28.06.2024)
Gauhati High Court has set aside an award granted to a Ford Eco Sport owner by the Motor Accident Claims Tribunal after it was found that the claimant.....
Tags : Gauhati High Court, Loss of Vehicle, Motor Accident Claims Tribunal
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Writ Court while exercising the power of judicial review may interfere, if order has been passed by an incompetent authority or without following the principles of natural justice(30.07.2024)
Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records pertai.....
Tags : Award, Reinstatement claim, Entitlement
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To claim a refund of the fuel and RAF levy, a licensed distributor of fuel must obtain the fuel directly from stocks of a licensed warehouse (not a depot)(06.08.2024)
The Appellant is a licensed distributor of fuel (LDF). In March 2017, it submitted the refund related to 25 consignments of diesel exported to Lesotho.....
Tags : Permit, Refund claim, Eligibility
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SC Suggests Sates that State Transport Corporations Avail Third-Party Insurance(03.10.2024)
Supreme Court while hearing a petition over issues related to motor vehicle claims, has suggested State Governments that for timely payment of compens.....
Tags : Supreme Court, Motor Vehicle Claims, Third-Party Insurance
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Supreme Court: It is the Duty of the Court to Assess Fair Compensation(17.10.2024)
SC has stated that the amount of compensation claimed is not a bar for the Tribunal and HC to award more than what is claimed, provided it is found to.....
Tags : Supreme Court, Fair Compensation, Claimant
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SC: Offence of Hate Speech is Specific & Cannot be Equated With Wrong Assertions or False Claims(15.11.2024)
Supreme Court while dismissing a PIL over prevention of 'provocative speech' by political leaders, has observed that the offence of hate speech is spe.....
Tags : Supreme Court, Provocative Speech, False Claims
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NCLAT: Can’t Reject Petition u/s 9 of IBC on Grounds of False Claim of Pre-Existing Dispute(28.11.2024)
NCLAT New Delhi bench has held that petition under Section 9 of Insolvency and Bankruptcy Code, 2016 cannot be rejected on grounds of false claims of .....
Tags : NCLAT, Pre-Existing Dispute, False Claim
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SC: Right to Maintenance Shall Have Overriding Effect on Rights of Claimants under SARFAESI/IBC(12.12.2024)
SC has stated that the right to maintenance being equivalent to a fundamental right will be superior to and have overriding effect on the statutory ri.....
Tags : Supreme Court, Right to Maintenance, Rights of Claimants
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Gau. HC: MACT Order Dismissing Claim for Being Barred u/s 166(3) of MV Act Set Aside(16.12.2024)
Gau. HC has set aside an order passed by MACT which dismissed a claim petition for being barred by limitation under Section 166(3) of MV Act on the gr.....
Tags : Gauhati High Court, MACT, Claim Petition
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SC: Moratorium Declared under IBC Will Not Extinguish Claims of Creditors(23.12.2024)
Supreme Court has held that a moratorium declared under Section 14 of the Insolvency and Bankruptcy Code, 2016 will not extinguish the claims of all t.....
Tags : Supreme Court, Moratorium, Claims of Creditors
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SC: Family Court Lacks Jurisdiction to Entertain Paternity Claim from Extra-Marital Affair(30.01.2025)
Supreme Court has observed that the jurisdiction conferred upon the Family Court is for the settlement of issues arising out of matrimonial causes and.....
Tags : Supreme Court, Paternity Claim, Extra-Marital Affair
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NCLAT: Upon Approval of Resolution Plan, Claims not Included in RP Stand Extinguished(10.02.2025)
NCLAT New Delhi bench has restated that all claims which are not included in Resolution Plan stand extinguished upon approval of the plan.
Tags : NCLAT New Delhi, Claims, Resolution Plan
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J&K HC: Executing Courts Have Authority to Adjudicate Claim of Obstruction Under O.21 Rule 97 of CPC(05.03.2025)
Jammu and Kashmir High Court has observed that under Order 21 Rule 97 of Code of Civil Procedure, 1908 (CPC), the executing court is empowered to exam.....
Tags : Jammu and Kashmir, Claim of Obstruction, Execution Proceedings
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NCLAT: Expecting SRA to Accept Belated Claims would tantamount to subjecting SRA to Uncertainty(10.03.2025)
NCLAT New Delhi bench while dismissing appeals filed after an inordinate delay under Section 61 of IBC, 2016, has observed that to expect belated clai.....
Tags : NCLAT New Delhi, Belated Claims, Successful Resolution Applicant
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SC: Once Resolution Plan is Approved No Belated Claim Can be Included(21.03.2025)
SC has observed that once the Resolution Plan is approved by the NCLT, no belated claim can be included therein that was not made earlier. If such dem.....
Tags : Supreme Court, Resolution Plan, No Belated Claim
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AP HC: Mere Acquittal Will Not Confer on Employee Right to Claim Benefit, Including Reinstatement(27.03.2025)
AP HC has observed that that mere acquittal by a criminal court will not confer on the employee a right to claim any benefit, including reinstatement......
Tags : AP High Court, Claim Benefit, Reinstatement
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Supreme Court: Can’t Deny Insurance Claim for Breach of Impossible Condition(09.04.2025)
Supreme Court held that the claim of insured cannot be rejected by an insurance company on the grounds of breach of a condition in the contract that w.....
Tags : Supreme Court, Impossible Condition, Insurance Claim
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NCLAT: If there is Existence of Arbitration Clause NCLT Can’t Adjudicate Disputed Contractual Claims(05.05.2025)
NCLAT Chennai bench has observed that NCLT is not the appropriate forum to adjudicate a disputed contractual claim if there is existence of an arbitra.....
Tags : NCLAT Chennai, NCLT, Contractual Claims
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SC: Can Dismiss Suits Suo Motu Under Order XII Rule 6 CPC(07.05.2025)
Supreme Court has observed that Order XII Rule 6 CPC gives a very wide discretion to the Court to pass a judgment at any stage of the suit and also au.....
Tags : Supreme Court, Admitted Claim, Order XII Rule 6
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Delhi HC: Absence of Deceased’s Train Ticket Cannot Negate Legitimacy of Compensation Claim(02.06.2025)
Delhi High Court has observed that if there is absence of train journey ticket of a deceased person it cannot reject the legitimacy of the claim for c.....
Tags : Delhi High Court, Train Ticket, Compensation Claim
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Himachal Pradesh HC: Can’t Deny Medical Claim on Flimsy Grounds(23.06.2025)
Himachal Pradesh High Court has held that once a medical claim is admissible in terms of beneficial policy of the State, the same should not be denied.....
Tags : HP High Court, Medical Claim, Flimsy Grounds
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SC Refers to Larger Bench the Issue if Passenger in Vehicle Can Claim Comp. Under 3rd Party Policy(17.07.2025)
Supreme Court has referred to a larger bench the question whether a passenger sitting in a car would be covered under a third-party policy in insuranc.....
Tags : Supreme Court, Third-Party Policy, Insurance Claims
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SC Dismisses BJP’s Petition Seeking Restoration of Defamation Case against CM Revanth Reddy(08.09.2025)
Supreme Court has dismissed BJP’s plea to restore a defamation case filed against CM Revanth Reddy over his statements that BJP would scrap SC/ST/OBC .....
Tags : BJP, Defamation, Reservation Claim, Quotas
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SC: Defendant Cannot File a Counter-Claim against a Co-Defendant under Order VIII Rule 6-A CPC(16.09.2025)
SC ruled that under Order VIII Rule 6-A CPC, a counter-claim can only be filed against the plaintiff and not a co-defendant. The bench set aside the G.....
Tags : Defendant, Counter-Claim, Co-Defendant
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